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.
What is a Pedestrian Accident?
A pedestrian accident is an accident involving someone negligently driving their vehicle causing a collision with a person. 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, who are often considered pedestrians, and motorcyclists.
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.
Who Could be Responsible for a Pedestrian Accident?
The person or party responsible for a pedestrian accident will change based on the situation. These accidents happen in a split second when a car swerves out of control. A motorist might not realize a pedestrian is crossing, or the pedestrian could be struck in a parking lot or open industrial area.
At times, pedestrians might step in potholes, trip over damaged concrete, or be struck when cars do not have enough room to turn without running over the curb. Road signage might force vehicles onto the sidewalk, or distracted drivers might not see a jogger even if that jogger is wearing reflective gear.
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.
Compensation for Injuries and Damages
Depending on the severity of the accident, the injured party may be able to recover compensation for all of their damages including economic and non-economic 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 care provided is not the only type of expenses that is taken into consideration. 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. In sum, economic damages include any expense the pedestrian incurred as a result of the accident that has a receipt.
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 obtains another job, it will not pay the money they are accustomed to. 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. Noneconomic damages include pain and suffering, loss of enjoyment of life, mental anguish and loss of consortium. Alleging non-economic damages is one of the biggest benefits a season attorney can provide because it is hard to quantify a good night’s sleep or the ability to partake in routine daily activities pain free.
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.