When a pedestrian, walking or jogging, is hit by a car or other motor vehicle, the injuries can be severe if not fatal. The National Highway Traffic Safety Administration reports that more than 4,000 pedestrians are killed in collisions with motor vehicles each year.
In many cases, pedestrian accidents are caused by negligent and reckless drivers. Injured pedestrians and their families have a right to hold these drivers accountable and to recover compensation that can aid in their recovery.
Sevenish Law Firm can help you. Attorney Randall “Randy” Sevenish has been investigating and negotiating or litigating accident claims in Indianapolis and throughout Indiana since 1985. And before that, as a police officer, he investigated countless pedestrian and motor vehicle crashes. Contact him today to receive a free review of your pedestrian accident case and to learn more about your rights and options.
Why Do Pedestrian Accidents Occur?
To bring a claim for damages in Indiana, an injured pedestrian must prove negligence on the part of the automobile driver. Randy Sevenish and his legal team can act quickly to preserve evidence and establish whether a driver’s fault caused a collision with you or your loved one. This evidence may establish that the driver:
- Failed to see the pedestrian because he or she was distracted (cell phone records, which can be subpoenaed, may indicate the driver was talking on the phone or texting)
- Was impaired by alcohol or drugs at the time of the crash (police reports, breath or blood test results, guilty pleas or jury verdicts are solid evidence)
- Ran a red light or stop sign, turned illegally or exceeded the speed limit (this may be established through red light camera footage and information from electronic data recorders, or black boxes)
- Failed to exercise care in a school zone or area where children were present (security camera footage and school bus camera footage may be available) and
- Many other potential legal theories that are too numerous to mention and remain factually sensitive on a case-by-case basis.
In many pedestrian accident cases, eyewitnesses can provide accounts that establish that a driver was to blame for a collision with a pedestrian.
Seeking Compensation after Pedestrian Accidents
Sevenish Law Firm, can review medical records and work with medical experts, life care planners and other professionals to establish the full extent of harm that an accident has caused you or a loved one and determine what would be full and fair compensation in your case.
If a motor vehicle driver caused the accident, a pedestrian may turn to the driver’s liability insurance coverage for payment of compensation. However, if the driver has no insurance or lacks enough insurance to pay for all of your losses, your own UM/UIM coverage can be relied on for compensation. It is important to have an attorney review all insurance policies that may apply to your case.
With pedestrian accidents, additional issues may arise that must be carefully navigated, including:
- Comparative fault – Under Indiana law, a plaintiff who is found to be more than 50 percent at fault for an accident can be barred from recovering compensation. If the plaintiff is 50 percent or less at fault, the plaintiff’s recovery can be reduced in proportion to his or her degree of fault. Often, motor vehicle drivers try to pin blame on pedestrians, alleging the pedestrian darted into traffic or illegally crossed the road. These assertions must be aggressively challenged.
- Child injuries – If a child is the injured pedestrian, special steps must be taken in the process of pursuing compensation, including obtaining court approval of any settlement that exceeds $10,000.
- Wrongful death – If a pedestrian accident has resulted in a fatality, the surviving family members may pursue a wrongful death claim, which is governed by Indiana statutes that control who can bring the claim and the types of damages that can be recovered.
- Where did the pedestrian cross the roadway and why? Was it at a designated pedestrian crosswalk or somewhere else? What type and color of clothing was the pedestrian wearing? What time of day or night was it and what was the purpose of walking in that area at that particular time? Was the pedestrian under the influence of alcohol or medications at the time? These are just some of the questions that would be addressed in an initial consultation.
Contact an Indianapolis Pedestrian Accident Attorney
Sevenish Law Firm has extensive experience with representing injured pedestrians and the families of pedestrians who were killed in collisions with motor vehicles. We know how to carefully guide a case through the many complex issues that can arise in these cases, and we are aggressive in seeking due compensation.
We promise every client we represent that we will do so with the integrity, honor and discipline they deserve. To learn more about how we can help you, contact us today by phone or through our online form. Our consultations are always free, and we will not charge for our legal services unless you recover compensation.