Types of Evidence You Need to Win Your Pedestrian Accident Claim

Folders Containing Evidence From a Pedestrian AccidentYou could suffer severe, long-term injuries if you are the victim of a pedestrian accident in Roswell or Southeast New Mexico. Under New Mexico law, you may be entitled to compensation for your injuries from the negligent driver and their insurance company. You need to retain an experienced pedestrian accident lawyer to collect the evidence you need to prove your case.

Types of Evidence Helpful in Pedestrian Accident Cases

To win your claim, you will need to prove the motorist’s negligence in causing your crash, the seriousness of your injuries, and the amount of compensation you deserve. The way to establish a winning claim is to collect evidence that proves all the elements of your case. Here are the types of evidence you will need to obtain the maximum recovery in your settlement.

Police Report

You should contact the police at the scene of your pedestrian crash. A police officer will conduct an investigation and write a police report containing information that can help you prove the driver was at fault in causing your accident. While the report is not admissible in court, the officer could testify at a jury trial. You can also use the police report to convince the insurance company of their liability to pay you compensation for your injuries. Useful information the police report will contain include:

  • Driver’s and their insurance company’s contact information
  • Details of how the pedestrian accident occurred
  • Statements made by the motorist, eyewitnesses, and you
  • Officer’s conclusions as to who was at fault
  • Any traffic citations issued


Photos of the damage to the vehicle that struck you, the collision scene, and your injuries can be compelling evidence to show the jury if your case goes to trial. They can also help your lawyer or an expert witness determine the cause of your pedestrian accident.

Eyewitness Statements

Witness statements can help you prove who caused your collision if the driver disputes that they were negligent. Neutral, third-party witnesses who do not know you and have no stake in your claim can be persuasive. It is essential to obtain contact information at the crash scene and to contact them soon afterward when the collision details are fresh in their minds.

Surveillance Footage

If a business’ surveillance camera recorded your pedestrian accident as it occurred, you need to obtain the footage as soon as possible before it is taped over or destroyed. It is best to have your attorney contact the business owner to get a copy.

Your Clothes

Save your clothes in the same condition they were in after your accident. Your attorney may want to use them as evidence if your case goes to trial.

Medical Reports and Bills

Good medical records are essential to prove the seriousness of your injuries and the medical treatments you need. You also need to save all your medical bills to establish the amount of compensation you should receive for your medical expenses in your settlement.

Wage Loss Documentation

You are also entitled to recover your lost wages, vacation and sick time, and other perks of your job. You will need to save your paystubs and obtain additional documents establishing the damages you are entitled to for the wage loss portion of your claim.

Insurance Policy

You need to obtain the driver’s insurance policy to know how much insurance coverage they have to pay you for your losses. You should not rely on the insurance adjuster’s word on this amount.

Expert Witnesses

You may need to hire an expert witness to help you prove a certain aspect of your case. The type of expert witness you could need would depend on the disputes raised by the insurance company and the complexities in your case. Experts often used in pedestrian accident cases include medical, economic, and accident reconstruction experts.

Were you or a family member hurt in a pedestrian accident in Roswell or Southeast New Mexico? Our knowledgeable pedestrian accident lawyers may be able to collect the evidence you need and go up against the insurance company for the compensation you deserve for your injuries. Call our Roswell office at 575-300-4000 or fill out our online form to schedule your free consultation today to learn more about how we can assist you.


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