Indiana’s Trusted Personal Injury Advocates Since 1963.

Indianapolis Pedestrian Accident Injury lawyer

*Available 24/7 & Obligation-Free

100
Years

COMBINED
LEGAL EXPERIENCE

10 +
Verdicts

BEATING PRE-TRIAL OFFERS IN COURT

Hundreds
of Millions

RECOVERED IN SETTLEMENTS & VERDICTS

10 %
Success Rate

IN BEATING AN INSURER'S FINAL OFFER

0 x

AVERAGE WE BEAT THE INSURER'S FINAL OFFER BY

INDIANAPOLIS PEDESTRIAN ACCIDENT LAWYER

Absentminded drivers can cause a severe auto collision when they fail to pay attention to the road. Pedestrians and runners are at high risk of injury due to distracted drivers. Pedestrians can sustain catastrophic injuries such as traumatic brain injuries, broken bones, organ damage, and loss of limb in an accident. Fortunately, a personal injury attorney could help you recover compensation for all of your injuries, as well as provide compensation for the pain and suffering you have endured. An experienced Indianapolis pedestrian lawyer could handle the legal elements of your case while you focus on your recovery.

Source: https://www.cdc.gov/transportationsafety/pedestrian_safety/index.html

What is a Pedestrian Accident?

A pedestrian accident occurs when a negligent driver causes a collision with a person not in a vehicle. Pedestrian accidents can occur on the sidewalk, in the road, or in an open area where people and cars roam freely. A pedestrian accident can also involve bicyclists, roller bladders, or skateboarders. A pedestrian accident could result in fatalities, but could also include minor injuries.

While a pedestrian accident could result in the victim’s death, it might be as simple as bumping into a bicycle. No matter the severity of the accident, the injured party may recover compensation for their injuries or losses.

Injuries Suffered by Pedestrians Struck by Cars

Annually, pedestrian accidents account for 60,000 injuries and 4,000 fatalities. Vehicle speed when a pedestrian accident occurs can dictate the severity of injuries suffered. After a pedestrian accident, most injuries impact lower extremities.

In 50% of pedestrian accidents that lead to injury, trauma below the waist occurs. Lower extremity injuries include: ligament and muscle tears, foot, leg, or pelvis fractures, subdural hematomas, and deep lacerations. In just over one-third of pedestrian accidents, face, head, and neck injuries occur. These injuries can include:  facial or skull fractures, deep cuts and lacerations, spinal cord injuries, and traumatic brain injury. In one-fourth of pedestrian accidents upper extremities suffer traumatic impact with injuries ranging from broken arms or ribs to internal bleeding or injury-related pneumothoraces.

Regardless of the specific kinds of injuries a pedestrian in Indianapolis experiences, a dedicated accident attorney could potentially help them pursue civil litigation over any injury severe enough to require professional medical care.

Source: https://www.cdc.gov/transportationsafety/pedestrian_safety/index.html

Who Could be Responsible for a Pedestrian Accident?

Liability in a pedestrian accident is circumstantially-based. Frequently, pedestrian accidents occur in a split-second. A pedestrian might cross the street against the light, or a speeding motorist may not have time to react to a pedestrian’s presence. Potholes, lack of a road shoulder, lack of road signs, and lack of road visibility can all lead to pedestrian accidents.

Proving Negligence in an Accident Case

When an accident occurs, the injured party may be able to recover compensation for their injuries. A seasoned Indianapolis pedestrian accident lawyer needs to prove negligence in order to recover compensation for the injured party. A local pedestrian accident attorney needs to prove:

  • The offending party had a duty of care to uphold
  • They did not uphold the duty of care
  • The client was injured during the accident
  • The defendant’s negligence or misconduct caused the accident.
 

If the plaintiff’s attorney is able to prove the various elements of negligence, they may be able to recover compensation for a wide range of damages.

Relevant Evidence in Pedestrian Accident Claims

Proving liability in a pedestrian accident may be difficult in settlement negotiations or in a court trial. Comprehensive and conclusive forensic evidence of fault are vital in a positive case outcome.

Depending on the circumstances, relevant evidence might include photos and debris from the accident scene, reports filed by responding police officers, testimony from witnesses, footage from nearby surveillance and/or dashboard cameras, and even input from experts in the field of accident reconstruction. Assistance from an experienced Indianapolis lawyer is often crucial to tracking down, organizing, and effectively presenting evidence of liability during a pedestrian accident claim.

Compensation for Injuries and Damages

Economic damages refer to the financial losses a person sustains following an accident. One of the most common types of recoverable economic damages include cost of medical expenses. Medical appointments aren’t the only expenses to fall under the category of medical expenses. Victims often need surgeries, medications, medical equipment, and physical therapy. Medical experts can explain how much this costs or the attending physician can submit cost estimates. Mental health counseling may also be required. Economic damages include expenses incurred as the result of a pedestrian accident.

Additionally, the injured party may be able to recover compensation for lost wages and lost earning capacity. The victim’s lost income must go beyond the money lost due to missed time at work. The victim may be disabled and unable to return to work. Even if the victim of a pedestrian accident obtains another job, they still may be entitled to compensation for lost wages. Remuneration for lost income and earning potential helps victims remain financially secure even if they cannot work.

Non-Economic Damages

The injured party may also be eligible to recover compensation for their non-economic damages. Noneconomic damages include pain and suffering, loss of enjoyment of life, mental anguish and loss of consortium. After a pedestrian accident, a seasoned attorney can help in the pursuit of compensation for loss of quality of life and other non-economic impacts of an injury.

The Possible Impact of Comparative Fault on Recovery

Given how much more likely pedestrians are to suffer serious harm in accidents compared to the drivers who hit them, it may seem reasonable to assume that defendant drivers always bear 100 percent of the blame for this kind of incident. However, just like in any other personal injury claim, it is possible for the injured plaintiff in a pedestrian crash case to bear partial liability for causing or worsening their own injuries, such as by stepping out into the road unexpectedly, crossing where there isn’t a crosswalk, or otherwise acting recklessly or carelessly to some extent.

Under Indiana Code §34-51-2-5, civil courts have the authority to reduce the value of a plaintiff’s final damage award proportionately based on their degree of fault for their own damages. For example, if a court found an injured party 20 percent liable for a pedestrian accident compared to the defendant driver’s 80 percent, that plaintiff would only be able to recover for 80 percent of the total value of their losses.

Even more importantly, IN Code §34-51-2-6 bars any plaintiff who bears a majority of the total fault for an accident, more than 50 percent, from recovering any compensation whatsoever for damages stemming from that incident, even if someone else was still partially to blame. Assistance from a skilled Indianapolis lawyer often makes a huge difference in ensuring that these sections of state law do not unfairly reduce the value of an injured pedestrian’s claim.

How Long Do Injured Pedestrians Have to File Suit?

Another important element of state law that prospective plaintiffs should be aware of is the statute of limitations applicable to most personal injury cases. According to IN Code §34-11-2-4, any civil action for “injury to person” have an effective filing deadline of two years after the accrual of the cause of action, which generally means that plaintiffs have a maximum of two years after discovering that they were hurt due to someone else’s negligence in which to start pursuing litigation against that negligent party.

There are very few exceptions to this rule, and failing to start the filing process before this deadline usually means that a court will throw the case out as soon as the defendant motions for them to do so. Additionally, anyone who was hit by an employee of a state or local government while they were performing some job-related duty may have even less time to pursue litigation, as well as more rules that may apply to recovery. A seasoned pedestrian accident lawyer in Indianapolis could explain all applicable regulations of this nature in detail during an initial consultation.

Discuss Your Options with an Indianapolis Pedestrian Accident Attorney

Pedestrians are no match for motor vehicles on the road. When a pedestrian is hit by an automobile they can sustain severe injuries. If you or a loved one were severely injured due to a motor vehicle as a pedestrian, you should retain the assistance of an experienced attorney. Call an Indianapolis pedestrian accident lawyer today.

*Available 24/7 & Obligation-Free

Don’t Let Insurance Companies Decide What Your Case Is Worth - Schedule Your Free Case Evaluation

 We can’t change what’s happened in the past but we can fight to ensure a better future. Our skilled car accident attorneys can help protect your rights and move forward with hope and confidence. Share your story with us today and take the first step on your path to healing.

 

*Available 24/7 & Obligation-Free

We’ll Fight for You as Your Indianapolis Pedestrian Accident Injury lawyer

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*Available 24/7 & Obligation-Free

100
Years

COMBINED
LEGAL EXPERIENCE

10 +
Verdicts

BEATING PRE-TRIAL OFFERS IN COURT

Hundreds
of Millions

RECOVERED IN SETTLEMENTS & VERDICTS

10 %
Success Rate

IN BEATING AN INSURER'S FINAL OFFER

0 x

AVERAGE WE BEAT THE INSURER'S FINAL OFFER

What is a Pedestrian Accident Injury?

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They already hurt you physically. We won’t let their
insurance company hurt you financially.

*Available 24/7 & Obligation-Free

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YOSHA-LAW-FIRM-listen-bg

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Yosha-Law-Firm-Statistics-Car-Accidents

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YOSHA-LAW-FIRM-listen-bg

Working to Protect Injured
Individuals from

Insurance Companies

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Why Choose Us?

We’re Transparent
and Honest

We don’t make any guarantees or misleading statements about what we can accomplish for you and our evaluations of your case.

We’ve Got a Proven
Record of Winning

Results speak louder than words. We have more jury verdicts than any law firm in Indiana’s history and insurance companies know we’re not 

afraid of a fight.

 

We Stand Up
To Bullies

Billion dollar insurance companies want to bully you into partial justice, so we’ll stand up to faceless bullies and claim what’s rightfully owed to you.

We Don't Rest Until
Justice Is Served

We don’t make any guarantees or misleading statements about what we can accomplish for you and our evaluations of your case.

We’re Available
24/7

Results speak louder than words. We have more jury verdicts than any law firm in Indiana’s history and insurance companies know we’re not 

afraid of a fight.

 

We Deal With Insurers
For You

Billion dollar insurance companies want to bully you into partial justice, so we’ll stand up to faceless bullies and claim what’s rightfully owed to you.

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iste natus error sit voluptatem

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Things to Know Before Selecting an
Indiana Lawyer…

… so you can maximize your chance of securing the full and fair compensation owed to you

Not All Law Firms Take Cases to Trial

Holding someone responsible for a car accident typically means dealing with insurance companies who will fight you every step of the way. These insurance companies don’t want to spend time or money fighting in court and will look to settle quickly – often with a lowball offer. At Yosha Cook & Tisch, we have a reputation for holding insurance carriers accountable because we’re willing to take your fight to court if it means receiving justice. Insurance carriers tend to give much better offers to clients of firms that are known for aggressively litigating their cases and claims. To this point, Buddy Yosha has tried over 100 jury trials in his career – more than any attorney in Indiana’s history.

Not All Law Firms Are the Same

If a particular Indiana firm does not have a reputation for regularly litigating car accident claims, the insurance carriers will exploit this by offering you less than full value for your losses. Insurance carriers know which firms have a track record for litigating their cases – and which are legal advertisers running a settlement mill. When you only get one shot at seeking justice following a car accident, it’s crucial you avoid the billboard law firm (you know the type) that repeatedly settles claims at a discount, leaving significant compensation on the negotiating table.

Not All Law Firms Care About Your Suffering

The majority of high-volume TV law firms advertising all hours of the day are mass settlement mills. Even the exceptions to this rule fail to deliver optimal results because most of their time and financial resources are tied up in marketing campaigns. That is not us. At Yosha Law, we exhaust our energy in the courtroom or at the negotiating table. We routinely visit our clients in their homes, get to know their families, and take the time to understand how an act of negligence on the road has affected them. By adopting our approach, the judge, the jury, or the mediator, can feel our sincerity – and gives you the best chance of moving forward in life with the financial support you need to start healing.

What To Do Next…

… Contact an Indianapolis Truck Accident Attorney Today to Discuss Your Legal Options

Few incidents that can occur in your life can be as disorienting and damaging as car accidents. Not only can these incidents result in severe physical injuries, but they may also interfere with your returning to work or enjoyment of life. When this is the case, and another driver was responsible for the crash, you have a right to demand compensation.

Here’s how we can help you hold them accountable…

Step One:
Organize a free case evaluation

Car accidents are traumatic events that have the potential to change every part of a person’s life. An at-fault driver must provide full compensation for all damages resulting from their actions. Our Indianapolis car accident attorneys will help you explore your options with upfront and honest advice on the merits of your case and a breakdown of your options for seeking full and fair compensation.

Step Two:
Protect your
rights

Collecting compensation after a car accident requires you to prove another driver was at fault. This can include police reports, traffic camera footage, witness statements, proof of intoxication, and even working with accident reconstruction experts. We’ll help protect you during this crucial stage and ensure you are not being taken advantage of.

Step Three:
Let us fight
for you

If you have a case, our car accident attorneys will help gather necessary evidence and guide you forward to ensure you’re not inadvertently jeopardizing your claim. At Yosha Law, we’ve recovered hundreds of millions of dollars for clients because insurance companies know our reputation as trial lawyers. If a fair settlement can’t be reached, we’ll take your fight to court so you can close this challenging chapter of your life and move forward with confidence.

*Available 24/7 & Obligation-Free

Don’t Let Insurance Companies Decide What Your Case Is Worth - Schedule Your Free Case Evaluation

Auto accidents involving cars and other motor vehicles are one of the leading causes of preventable injury and death in the United States. With car crashes common, the carelessness and negligence of another driver has the potential to change your life in the blink of an eye.

 

We can’t change what’s happened in the past but we can fight to ensure a better future. Our skilled car accident attorneys can help protect your rights and move forward with hope and confidence. Share your story with us today and take the first step on your path to healing.

 

*Available 24/7 & Obligation-Free

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Yosha Cook & Tisch – Personal Injury Lawyers

(317) 751-2856 N/A