When a pedestrian is hit by a car or other motor vehicle, the injuries can be severe, if not fatal. 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 recover compensation that can help in the aftermath.
An Indianapolis pedestrian accident lawyer at Sevenish Law Firm, P.C. can assist you with taking legal action. Attorney Randall “Randy” Sevenish has been investigating, negotiating, and litigating accident claims in Indianapolis and throughout Indiana since 1985. When you call for a free case review, you can discuss working with our team and learn more about your rights and options.
Seeking Compensation After Pedestrian Accidents
Sevenish Law Firm, P.C. 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. You can seek both economic and non-economic damages to account for your injury-related losses. Some forms of potential compensation include:
- Medical expenses: Traumatic brain injuries, spinal cord injuries, and other types of catastrophic injuries are common pedestrian accident injuries. If you were hurt in the accident, you may be able to recover the costs of your emergency room bills, medication, surgeries, doctors’ visits, and rehabilitation.
- Lost wages:If you had to take time off work to heal from your injuries, you can seek these lost wages.
- Reduced earning capacity: If your injuries result in a temporary or permanent disability that prevents you from returning to work or performing in the same capacity, we can seek compensation for this loss.
- Pain and suffering: We can also seek recovery for the physical and mental anguish you endured because of your injuries. We can help you calculate these damages, as they do not come with an exact dollar amount.
Pedestrian accidents can be fatal in some cases. WRTV reported that in October 2021, a pedestrian was killed after he was struck by a driver on the south side of Indianapolis. If your loved one passed away from their pedestrian accident injuries, you may pursue a wrongful death case.
How You Can Recover Damages After a Pedestrian Accident in Indiana
After your lawyer quantifies your damages, they can file a claim with the liable party’s insurance company. If they don’t offer you a fair amount at first, we will negotiate with them until we reach an agreement.
We can also file a personal injury or wrongful death lawsuit. It is crucial that you contact us as soon as possible after the accident since IC § 34-11-2-4 limits the time you have to take legal action against a liable party. In most cases, you only have two years from the date of the accident to file.
Keep in mind that negotiations with insurers can take some time. If you file after this deadline, you risk losing your right to take any legal action at all.
Selecting Our Legal Help Comes at no Upfront Cost
Because of the costs of retaining legal aid, it may be tempting to manage your case on your own, or “pro se.” If you decide to represent yourself, you may quickly realize that a lot of time, energy, and knowledge goes into navigating the legal system. To save you from these troubles, you may want to consider hiring Sevenish Law Firm, P.C. to take on your case for you.
There is no need to worry about upfront or hourly costs or retainers, as we operate on a contingency-fee basis. Your attorney will only take his payment if he recovers damages for you. Otherwise, there is no need to pay us.
Your Initial Consultation Is Free of Charge
If you are unsure whether you have a case, take advantage of our complimentary consultation. You can learn about your legal options and what your case may be worth.
During the consultation, we can begin assessing your case by asking the following questions:
- Where did the accident occur?
- Where did the pedestrian cross the roadway?
- What time of day was it?
- How did the pedestrian accident transpire?
These details can play a vital role in your case. Our injury attorney can help gather the necessary evidence to prove the liability of the motorist who hit you. Then, he can fight to hold the liable party responsible for your injuries.
How 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. An Indianapolis pedestrian accident lawyer with our firm can preserve evidence and establish whether a driver’s fault caused a collision. This evidence may establish that the driver:
- Failed to see the pedestrian because he or she was distracted
- Was impaired by alcohol or drugs at the time of the crash (e.g., 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 violation 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)
In many pedestrian accident cases, eyewitnesses can provide accounts that establish that a driver was to blame for a collision with a pedestrian. An attorney with our firm can collect their statements to help prove your claim.
Laws Apply to Both Pedestrians and Motorists
Drivers and pedestrians both have responsibilities regarding intersection crossings. In Indiana, pedestrians are subject to the traffic and pedestrian controls, such as “walk” and “don’t walk” signals, and under certain situations, they must yield to drivers.
Vehicle operators may not pass a vehicle stopped at a crosswalk, and pedestrians have the right of way when crossing in crosswalks, under IC § 9-21-17.
Comparative Negligence Laws in Indiana
With pedestrian accidents, additional issues may arise that must be carefully navigated. Under Indiana law, a plaintiff who is found to be more than 50% at fault for an accident can be barred from recovering compensation. If the plaintiff is 50% 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 the blame on pedestrians, alleging the pedestrian darted into traffic or illegally crossed the road. These assertions must be challenged.
Work with an Indianapolis Pedestrian Accident Attorney from Our Team Today
Sevenish Law Firm, Personal Injury Lawyers represents injured pedestrians and the families of pedestrians who were killed in collisions with motor vehicles. Our personal injury lawyers’ aim is for you to recover fair compensation so you do not suffer any further harm as a result of your injuries.
We will represent you with the integrity, honor, and discipline you deserve. To learn more about how we can help you, contact us today at 317-720-3229. Our consultations are always free, and we will not charge for our legal services unless you recover compensation.