How Can Our Indianapolis Pedestrian Accident Attorneys Help You Recover?
Absent-minded drivers can cause a severe auto collision when they fail to pay attention to the road. Likewise, pedestrians and runners are at high risk of injury due to distracted drivers. In an accident, they can sustain catastrophic injuries such as traumatic brain injuries, broken bones, organ damage, and limb loss.
Fortunately, a personal injury attorney could help you recover compensation for all of your injuries and obtain damages for the pain and suffering you have endured. In addition, an experienced Indianapolis pedestrian accident lawyer could handle the legal elements of your case while you focus on your recovery.
Get a Free Consultation from a Pedestrian Accident Lawyer in Indianapolis
Suppose a negligent driver or cyclists hit you in the street and caused your injuries. In that case, it is time to discuss your case with a pedestrian vs. auto accident attorney in Indianapolis from Yosha Cook & Tisch law firm. First, we will review your medical record and all the evidence from the accident scene to understand your situation better. Then, depending on your situation, we will advise you on your best course of action so you can receive the damages you deserve and get your life back on track. The initial consultation is free.
What is a Pedestrian Accident?
A pedestrian accident occurs when a negligent car driver, motorcycle rider, or bicyclist causes a collision with a person not in a vehicle. Pedestrian accidents can occur on the sidewalk, on the road, or in an open area where people and vehicles roam freely. A pedestrian accident can also involve roller bladders or skateboarders. Some severe pedestrian accidents could result in fatalities, but most lead to minor or moderate injuries.
While a pedestrian accident could result in the victim’s death, it might be as simple as being bumped into or brushed by a bicycle. No matter the accident’s severity, the injured party may recover compensation for their injuries or losses.
Types of Pedestrian Accident Injuries for which You Might Have a Claim
Annually, pedestrian accidents account for 60,000 injuries and 4,000 fatalities. In addition, vehicle speed during a pedestrian accident can dictate the severity of injuries. After a pedestrian accident, most injuries impact the 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,
- deep lacerations, and more.
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,
- traumatic brain injury and other catastrophic injuries.
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.
An Indianapolis Pedestrian Accident Attorney Can Help You Recover Damages
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 to recover compensation for the injured party. We will work with you to build you a strong case so you focus on your recovery while we take all the necessary steps to obtain the damages you deserve.
We Will Prove Negligence in Your Pedestrian Injury Case
Your pedestrian accident attorney in Indianapolis needs to prove that:
- 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 can 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
In settlement negotiations or a court trial, proving liability in a pedestrian accident may be difficult. However, comprehensive and conclusive forensic evidence of fault is 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 dashboard cameras,
- and even input from experts in the field of accident reconstruction.
Assistance from an experienced pedestrian accidents Indianapolis lawyer is often crucial to tracking down, organizing, and effectively presenting evidence of liability during a pedestrian accident claim.
We Will Establish Liability in Your Pedestrian Accident Case
Liability in a pedestrian accident is circumstantially-based. Frequently, pedestrian accidents occur in a split second. Let’s see some examples:
- a pedestrian might cross the street against the light,
- 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.
However, based on the police report, medical files, expert witnesses’ testimonies, accident scene witnesses’ stories, forensic and physical evidence, etc., your Indianapolis pedestrian accident attorney can determine who was at fault for your injuries and who has to pay.
We Will Evaluate How Indiana’s Comparative Fault Rule Affects Your Case
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 incident.
However, just like in any other personal injury claim, the injured plaintiff in a pedestrian crash case can bear partial liability for causing or worsening their injuries by:
- stepping out into the road unexpectedly,
- crossing where there isn’t a crosswalk,
- acting recklessly or carelessly to some extent, etc.
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 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 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 for damages stemming from that incident, even if someone else was still partially to blame.
Assistance from a skilled pedestrian accident attorney in Indianapolis 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.
Upon checking the evidence related to your case, deposing witnesses, and collaborating with accident reconstruction experts, our lawyers will establish liability and comparative fault percentages and initiate the legal process to settle with the at-fault party or parties.
We Will Fight for Your Fair Compensation
Once your case becomes clearer regarding negligence, liability, the evidence supporting your claim, etc., your pedestrian accident attorney will calculate the compensation you deserve and strive to obtain the provisioned amount from the liable party.
Economic damages refer to the financial losses a person sustains following an accident. One of the most common types of recoverable economic damages includes the cost of medical expenses. Still, they can also include other expenses incurred due to a pedestrian accident. Here are some things you should know:
- 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.
- After a pedestrian accident, the victim may also require mental health counseling.
Additionally, the injured party may be able to recover compensation for lost wages and lost earning capacity. Let’s see some things in detail:
- 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.
The injured party may also be eligible to recover compensation for their non-economic damages. They can include:
- pain and suffering,
- loss of enjoyment of life,
- mental anguish,
- loss of consortium, etc.
After a pedestrian accident, a skilled pedestrian accident attorney in Indianapolis can help seek compensation for loss of quality of life and other non-economic impacts of an injury.
We Will File Your Claim or Lawsuit Respecting the State’s Statute of Limitations
An 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 a person” have an effective filing deadline of two years after the accrual of the cause of action.
It 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.
Your pedestrian accident lawyer in Indianapolis could explain all applicable regulations 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. Unfortunately, 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.
Indianapolis Pedestrian Accidents: FAQs
What are the main causes leading to pedestrian accidents in Indianapolis?
Statistics show that when negligence lies with car drivers, bicyclists, or motorcyclists, it is because these traffic participants engaged in:
- Inexperience in driving a car or riding a bike/bicycle
- Distracted driving
- Traffic violations
- School-zone speed limit violations
- Driving under the influence
- aggressive driving
When it comes to shared liability, most pedestrians are found at fault for some of the following:
- Crosswalk rules violations
- Disobeying traffic devices
- Disobeying sidewalk rules
- Disobeying bicycle lane rules and etiquette
Are there any statute of limitations exceptions for pedestrians?
There are very few exceptions to the statute of limitations 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 a state or local government employee while performing some job-related duty may have even less time to pursue litigation, as well as more rules that may apply to recovery.
For this reason, victims must discuss their cases with expert Indianapolis pedestrian accident attorneys and initiate legal action as soon as possible.
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