When a pedestrian is struck by a vehicle, the minutes that follow carry outsized weight. Medical care comes first, yet the facts gathered at the scene often decide how liability plays out months later. As a pedestrian accident lawyer, I have seen careful documentation turn a doubtful claim into a strong case. I have also watched important evidence vanish within hours because no one thought to preserve it. Paint marks are power washed, traffic camera footage cycles, skid impressions fade, and witness memories drift. The right checklist helps you move through the chaos with purpose.
This guide explains, in practical terms, what to gather at the scene and how to capture it so that a pedestrian accident attorney can use it effectively. It blends legal strategy with on-the-ground tactics, including common mistakes and edge cases like hit-and-run events, poor lighting, or ongoing roadwork. Keep in mind that safety takes precedence. If you are injured, ask someone else to document for you, whether that is a companion, a bystander, or the responding officer.
First priorities: stabilize, then preserve
Medical care comes before evidence. If you are hurt or lightheaded, sit down, call 911, and ask for both police and EMS. Do not move if you suspect head, neck, or back injuries unless there is an immediate hazard. When help is on the way and you can do so safely, shift to preservation mode. The most ephemeral evidence disappears first: vehicle positions, traffic signals, braking patterns, weather conditions, and third-party witnesses who will soon disperse. Think of yourself as a temporary steward of the scene, holding it in place long enough for the record to be credible later.
The five-minute snapshot: what to capture immediately
Some elements should be documented before vehicles move or officers start directing traffic. Whether you or someone helping you takes on the role, move briskly and stay out of lanes.
- Short list: the instant-capture essentials 1) Photos of vehicle positions, crosswalk markings, signal states, and your resting place or point of impact. 2) The driver’s license plate, make, model, and color. 3) Close-ups of damage to the vehicle and any blood, debris, skid or yaw marks, and shoe scuffs. 4) Contact details for at least two independent witnesses. 5) The exact intersection name, direction of travel for each party, and time of day.
A single pass with your phone can preserve most of this. Sweep wide, then close in. If your hands shake, take multiple shots. Do not worry about perfect framing. Sharp, imperfect images beat pristine but incomplete ones.
Photographing the scene with purpose, not volume
Good accident photography follows a rhythm: wide, medium, tight. Start by anchoring the scene in context. A wide shot should show the intersection, crosswalk, stop line, traffic lights, and any obstructions like parked delivery trucks or dumpsters. Then move to medium shots that place the vehicle and the pedestrian’s position in relation to fixed landmarks: a street sign, a storefront, a utility pole with a visible number plate. Finally, take tight shots of relevant details: broken plastic from a bumper, a snapped mirror, scuffed paint at bumper height, torn clothing fibers, and any swelling or bruising that will soon change color.
Lighting shifts quickly. If sunlight is harsh, lock focus and exposure on your phone and adjust to reduce glare. If it is dusk or dark, step back to include streetlights or car headlights that illuminate the area. Document shadows and sun angle if they played a role. A defense adjuster may argue that the driver could not see due to low sun; photographs that capture the actual lighting at the time can blunt that argument.
Do not forget your footwear. Photograph the soles. Rubber pattern transfer on the roadway, matched to your shoe tread, can sometimes corroborate where a foot planted before impact, especially when braking shoves you forward.
Short videos to show dynamics
Still photos freeze geometry. Short, steady videos explain motion and timing. Walk the driver’s path toward the crosswalk at normal speed while filming the signal cycle. Then do the same from your approach as a pedestrian. Narrate in a neutral tone: “I am walking eastbound on Oak, approaching the south crosswalk. The pedestrian signal shows the walking person.” If the signal sequence is long or confusing, film at least one full cycle. Include the audible cues if the intersection has accessible pedestrian signals. A pedestrian accident attorney can sync that video with municipal timing charts later.
If you noticed a competing distraction, like a rideshare driver double-parked or a delivery van blocking a sightline, capture a continuous pan from your perspective to the obstruction and back. Jurors understand video more readily than a diagram.
Document the traffic control environment
The rules of the moment matter: whether the pedestrian signal displayed a steady walk, flashing don’t walk, or solid don’t walk, whether a vehicle had a green turn arrow or only a circular green, whether a “no turn on red” sign existed, and whether a leading pedestrian interval was in effect. Many urban areas program a 3 to 7 second head start for pedestrians. If you are unsure, note the signal sequence: when the walk indication appears in relation to the vehicle signals. Record https://www.twitch.tv/bpcounsel/about any temporary signs due to construction, plus cones, barricades, and flaggers. Temporary traffic control plans often create unusual conflict points, and contractors rotate setups daily. Photos of the exact configuration on the date of your crash can be decisive when a work zone supervisor later says the layout complied with the manual.
Identify all potential video sources before they overwrite
Traffic camera feeds tend to cycle on short retention schedules. Some cities keep only 24 to 72 hours. Private cameras, such as those mounted above storefronts, apartments, or parking garages, may loop even faster. Your goal at the scene is simple: map possible cameras and note who owns them. Look for domes on traffic signal mast arms, transit agency cameras, blue-light public safety cameras, garage entries, and doorbell cameras along the block. Photograph each vantage point and the business name or building address. Ask the manager, if present, to preserve footage. If they appear receptive, request that they save a window starting ten minutes before to ten minutes after the incident. Get an email address and a name. A pedestrian accident lawyer can send a spoliation letter within hours, but it helps to have a human contact already engaged.
Witnesses: quantity helps, quality decides
Independent witnesses carry disproportionate weight. Strangers with no stake in the outcome often persuade insurers and jurors more than either party. Do not rely on the police to record every witness; in busy intersections, officers prioritize traffic control and medical care. Ask witnesses for their best contact and a brief voice memo, if they are willing, while the scene is fresh. Keep it simple: “Please state your name, the time, and what you saw.” If someone refuses, scribble a description and where they stood. Even a partial detail, like “bus driver on the 14 line” or “FedEx courier in purple shirt,” can lead a pedestrian accident attorney to them later through route logs or employer records.
Note that memory consolidates quickly and then hardens, even if inaccurate. Short, factual prompts help. Avoid leading questions. Do not argue about what happened. The goal is to preserve their honest recollection and their availability.
Driver information, without confrontation
You need the basics: driver’s name, license number if available, insurer and policy number, vehicle registration, and contact details. Photograph the license plate and insurance card. If the driver is agitated or blaming, step back and let the police gather the information. Do not accuse, apologize, or make statements like “I’m fine.” Those words appear later. Say that you will wait to discuss the facts with the officers and your medical team. If the driver admits fault, capture their words verbatim if safe to do so. For example, “I did not see you” or “I was looking at Waze.” Courts treat admissions differently from heated statements made by opposing parties.
Map the scene with fixed references
Crash diagrams benefit from fixed points. Utility poles carry tagged numbers. Fire hydrants, manhole covers, and curb paint stripes do not move. Photograph street signs and pole plates, then photograph the scene from those points. If a measuring tape is handy, mark distances, but a phone with a measure app will do in a pinch. Even rough measurements, properly annotated, help an expert reconstruct path and speed. Include the crosswalk pattern type: transverse lines or zebra stripes, and the condition of paint, because a faded crosswalk can shift visibility analysis.
Injuries and immediate medical documentation
Insurers sometimes argue that a pedestrian’s injuries came from a previous event, not the crash. Photograph visible injuries at the scene and again that evening, since swelling, bruising, and abrasions evolve over hours. Keep clothing and shoes unwashed in a paper bag if damaged or bloodstained. Do not throw away a torn backpack or broken eyeglasses; they are physical proof. Tell EMS and hospital staff exactly where you hurt, even minor areas. Medical charts written in the first hour carry credibility later. If you are offered imaging, consider the trade-offs and ask whether X-ray suffices or CT is warranted. From a legal standpoint, imaging that corresponds to trauma timing strengthens causation.
Weather, lighting, and road surface detail
Small environmental facts often shift liability. Wet pavement extends stopping distance. Loose gravel near a trench can contribute to slip and projection after impact. Photograph the pavement up close, then step back to show puddles, storm drains, or oil sheen. Check the nearest building thermometer or your phone’s weather app for temperature and conditions. If it is raining lightly now but was heavy five minutes earlier, note it. For nighttime collisions, capture the status of streetlights, illuminated signage, and reflective materials in the crosswalk markers. If nearby signal heads are hooded by tree branches or banners, show that obstruction clearly.
Dealing with law enforcement on scene
Be respectful and concise. Provide your account, then ask the officer for the report number and their name and badge. If you heard any witness statements given to the officer, note them for your attorney. If the officer declines to ticket the driver, do not infer that it hurts your civil case. Traffic citations hinge on a different standard than civil negligence. Request that the officer note whether the driver was turning on a green arrow or a circular green, and whether the pedestrian phase had begun. Officers are busy, but a polite prompt can lead to a more precise report.
Special cases and pitfalls
Hit-and-run: Photograph the fleeing vehicle as best you can, starting with plate area, vehicle rear, and any distinctive decals or damage. Record direction of travel and the first cross street it approached. Ask nearby drivers to share dashcam footage. Many rideshares and delivery vehicles run cameras. If you catch a partial plate and a vehicle description, a pedestrian accident lawyer may still identify the owner through state records.
Rideshare or delivery drivers: Capture the app on the driver’s phone if visible, the trade dress on the windshield, and any delivery bags or equipment. Employment status affects coverage. Insurers change position quickly depending on whether the driver was en route to a pickup, actively transporting, or off app. Precise timing helps.
Construction zones: Photograph the work zone layout, cone spacing, signage distance from the taper, and the presence or absence of a flagger. If a pedestrian detour existed, show whether it was blocked or unreasonably long. Contractors owe duties to pedestrians when they reroute paths.
School zones and special signals: Note whether flashing school zone beacons were active and the posted time window. If crossing guards were present, document their location and hand signals.
Bicycles and scooters: If you were walking a bicycle or pushing a scooter, photograph the device, your position, and any speedometer or trip data. App-based scooters store ride logs that can support timing.
What not to say or do
Avoid arguing with the driver, the driver’s passengers, or bystanders. Do not post on social media with absolutes, jokes, or speculation. Defense counsel will find it. Decline recorded statements for insurance adjusters until you consult counsel. Do not accept quick cash or sign anything at the scene. Do not guess speed or distances if you are unsure. Say you will provide an estimate later, once you have rested and reviewed the scene.
How a pedestrian accident attorney uses your documentation
Quality scene work saves months of friction. Photographs can be scaled and matched to municipal engineering plans. Videos allow experts to align signal timing charts and establish which phase controlled the turn. Witness contact details convert a sparse police report into a narrative with corroboration. Physical evidence such as torn clothing and shoe treads supports biomechanics opinions about knee valgus or rotational forces consistent with bumper impact height. Weather and lighting data inform human factors analysis, including conspicuity and reaction times.
Insurers like clean, consistent stories backed by physical proof. When a pedestrian accident lawyer presents a package with clear scene documentation, claims adjusters often abandon generic defenses like “the pedestrian darted out” or “the driver faced sun glare and did all they could.” Strong documentation narrows the range of reasonable dispute and increases the likelihood of fair resolution without litigation.
Preserving digital trails and requesting official records
Time matters for digital evidence. Ask a lawyer to send preservation letters to nearby businesses and agencies the same day if possible. Transit agencies, school districts, and city traffic operations often have logs or video that cycle fast. Meanwhile, preserve your own data. Save your phone’s location history for the day. If you were using a fitness tracker, export the GPS trace. Do not edit timestamps or rename original files. Keep a read-only copy on cloud storage and a separate offline copy.
Request the police report as soon as it is available. In many jurisdictions, basic crash data posts within a week. Supplemental narratives and diagrams may follow later. If an officer took measurements with a laser device or created a formal scale diagram, your attorney can request those datasets. Sometimes small towns rely on handwritten sketches. That is fine; your photographs fill the gaps.
Medical follow-up as evidence, not just treatment
Early follow-up demonstrates continuity of symptoms. If you are sore but think it will pass, tell your provider anyway. Gaps in treatment become leverage points for insurers. Keep a brief recovery log: sleep disruptions, missed work, activities you paused, and milestones like the first time you could climb stairs again. Avoid florid descriptions. Concrete entries carry weight: “Missed two shifts, 10-hour each, due to knee swelling.” If your job requires standing, ask your provider to write restrictions with time windows. It provides proof of impact and helps an attorney quantify wage loss.
Why small details carry outsized weight
I once represented a pedestrian who swore the driver turned right on red through a crosswalk. The driver insisted they had a green arrow. No one had video. The turning bay had separate signals, and a white sign showed “no turn on red,” but the sign was partially blocked by a temporary bus shelter ad that had been installed the week prior. A single photo from the day of the crash showed the ad frame covering the bottom third of the sign. Public works replaced the frame two days later. Without that image, the driver’s recollection might have won. That is the value of day-of documentation: it freezes the world before it morphs back to normal.
In another case, a client photographed a delivery truck parked directly at the near-side corner, obscuring the driver’s view of the crosswalk. The driver blamed the pedestrian. The truck driver had violated a loading zone rule by sixty feet. The city issued a citation after we shared the photo, and the delivery company’s insurer contributed to the settlement. Neither result would have happened without the image that locked a moving piece into place.
One-page field checklist you can memorize
- Compact checklist for the scene 1) Safety and 911: secure EMS and police, move only if safe. 2) Photos and video: wide-medium-tight of the intersection, signals, vehicles, injuries, and obstructions. 3) People and plates: driver identity, insurer, vehicle plate; witness contacts with brief voice memos. 4) Environment: weather, lighting, road surface, work zones, temporary signs or cones. 5) Preservation map: note all cameras and owners, request footage hold, get report number from police.
If you forget half of it, focus on the first three. Plates and witnesses are the easiest to lose and the hardest to recover later.
Working with a pedestrian accident lawyer after the scene
Once you have handled the urgent tasks, consult a pedestrian accident lawyer early. An experienced pedestrian accident attorney bridges the gap between raw documentation and a theory of liability that stands up to scrutiny. They will send preservation letters, pull signal timing charts, hire a reconstructionist if necessary, and contact witnesses before memories fade. They also manage communications with insurers so you do not inadvertently limit your claim. Firms often work on contingency, so a short call does not commit you to anything. Bring your photos, the report number, your medical discharge papers, and a list of any time you missed from work.
Expect your lawyer to ask hard questions. Precise answers help them pressure-test your case. If you were distracted by a phone, say so; it is better to shape the narrative than to let the defense discover it. If you wore dark clothing at night, your lawyer will consider visibility issues and counter with lighting conditions, driver speed, and duty to yield.
From documentation to resolution
Strong documentation narrows the lanes for dispute. It allows experts to agree on fundamentals even when they disagree on conclusions. The reality is that most pedestrian cases resolve without trial, but the best settlements come when the defense knows you can win at trial. A file rich with accurate scene data speaks for itself. It shows diligence, credibility, and respect for the facts.
When you walk out your front door, you trust the built environment, the traffic system, and the drivers around you. When that trust is broken, careful scene documentation helps put the pieces in order. It cannot undo the harm, but it can make the path forward straighter, the timeline shorter, and the outcome fairer.