Indiana Pedestrian Accident Attorney
Many types of car accidents can result in serious injuries; however, collisions between motorists and pedestrians can have particularly devastating results. Sadly, these types of accidents occur much more often than most people realize, and, according to a preliminary data provided by the Governors Highway Safety Association, the number of pedestrians who die in such accidents each year is on the rise. If you were a pedestrian when you were hit by a motorist, it is important to speak with an experienced Indiana pedestrian accident attorney who can explain your legal options and fight for your right to compensation.
When you work with an attorney at Keffer Hirschauer LLP, you know that you have the depth of experience of the entire personal injury team at your disposal. With deep litigation skills and particular experience in evaluation crash evidence, we offer factual and legal insights to help you understand your case and maximize its value.
Why Do You Need an Indiana Pedestrian Accident Attorney?
Statistically, a pedestrian is one and a half times more likely to die from an accident with a vehicle than an occupant in the vehicle. According to the Centers for Disease Control and Prevention (CDC), approximately 137,000 pedestrians were injured in collisions with vehicles in 2017 alone. Tragically, 5,977 of those individuals died as a result of their injuries.
The personal injuries sustained by a pedestrian in a collision with a vehicle can be severe and even catastrophic, requiring painful treatment and rehabilitation. These victims may also suffer chronic pain and disability for many years. Fortunately, there are ways to recover compensation for related medical bills, lost wages, and pain and suffering. By working with an Indiana pedestrian accident attorney, you have experienced legal counsel to guide you through the legal process and fight for your best interests.
Elements Required for Recovery in Pedestrian Accident Cases
To recover compensation for accident-related losses, an injured pedestrian must be able to prove that the motorist was negligent. Depending on the circumstances surrounding your accident, you need to provide evidence to prove the facts of the accident and the identity of the party or parties at fault. This evidence could include:
- Traffic camera recordings of the accident
- Accident scene photographs
- Police reports created after the accident
- Eyewitness testimony
- Medical records for injury-related treatment and prognosis
- Expert testimony from an accident reconstruction specialist
A skilled Indiana pedestrian accident attorney understands what evidence is needed to prove a case, how to obtain that evidence, and how to develop strategies to use it most effectively. Sometimes a subpoena is necessary, while other times evidence must be requested from the driver or other potentially liable party through a process known as discovery. Most injured pedestrians in Indiana do not know how to gather the information needed to bring an injury claim, nor do they have the ability to compel the disclosure of the evidence.
Once your Indiana pedestrian accident attorney has established the driver’s fault—or the other party or parties have admitted fault—you still need to provide proof of accident-related injuries. Injuries can be proven by:
- Treatment records
- Medical bills
- Photographs of the injuries
- Testimony from a medical expert
Collecting medical evidence can also be difficult, even when the patient approves their release. If you were injured in an accident anywhere in the state, you should speak with an Indianapolis pedestrian accident lawyer who can help you investigate your claim and build a case using important evidence.
Situations that Can Lead to a Pedestrian Accident in Indiana
Many situations can lead to pedestrian accidents, including a lack of designated pedestrian walkways and high speed limits. However, most collisions between pedestrians and motorists can be attributed to these seven common scenarios:
- Distracted driving
- Drunk or impaired driving or pedestrian intoxication (almost half of pedestrian-related accidents involve alcohol intoxication)
- Improper lane use
- Unmarked crosswalks
- Driver confusion
- Illegal turns
- Aggressive driving (because higher speeds increase the chance of a pedestrian accident with severe injuries)
Determining who is at fault is extremely important in a pedestrian accident in Indiana. Usually, the driver causes the accident, but sometimes the driver argues that the pedestrian is to blame. If the driver erroneously argues that you tried to cross the street in a place other than a crosswalk or were walking on a roadway while intoxicated, you are in particular need of an Indianapolis pedestrian accident lawyer from Keffer Hirschauer LLP to gather and present proof of the driver’s fault.
Sometimes, the negligent driver left the scene of the accident to avoid liability. As former criminal prosecutors, we have decades of experience handling hit-and-run accidents. We use our advanced skills and training to help recreate accidents. If you have been injured by a negligent driver at no fault of your own, turn to an experienced Indianapolis pedestrian accident lawyer to protect your rights.
Common Losses Suffered by an Injured Pedestrian in Indiana
Regardless of how a specific motorist-pedestrian collision occurred, it is the pedestrian who almost always sustains the more traumatic injuries. Certain injuries are particularly common amongst pedestrians. These include:
- Head trauma
- Broken or fractured bones
- Spinal Cord Damage
Injured pedestrians may receive compensation for the cost of treating these types of catastrophic injuries. These expenses are known as economic damages or out-of-pocket costs. Depending on your situation, you might also request other economic reimbursements such as lost wages or expenses for property damage.
Depending on the facts of your case, you may also qualify for non-economic damages for pain and suffering or loss of normal family relationships. These damages are more difficult to prove because there is no bill or receipt available to place a value on the compensation you deserve. Skilled Indiana pedestrian accident lawyers understand what evidence is needed to recover non-economic damages for an injured pedestrian in Indiana. Without an attorney by your side, you may miss out on a substantial portion of the money that you deserve.
Understanding Indiana Pedestrian Laws
Indiana Code chapter 9-21-17 describes the rights and obligations of pedestrians on Indiana’s roadways. For the most part, a pedestrian must yield the right-of-way to vehicles unless walking within a crosswalk, pedestrian tunnel, overhead crossing, or following a walk signal that indicates it is the pedestrian’s turn to cross the street. Similarly, vehicles must yield to pedestrians who are using a sidewalk or road shoulder if there is no sidewalk.
If you have any responsibility for the accident that caused your injuries, an Indiana pedestrian accident attorney can explain the comparative fault laws found at Indiana Code § 34-51-2-6. In general, you cannot be more at fault than the driver who hit you. If you are found at least 51 percent at fault, you cannot recover damages from the driver or other responsible parties. If you were 50 percent or less at fault, any money you are awarded will be reduced by how much the court or jury determines you were responsible for the accident.
When You Need an Indiana Pedestrian Accident Attorney, We Can Help
Not all personal injury attorneys are qualified Indiana pedestrian accident lawyers. At Keffer Hirschauer LLP, our founding partners, Bradley Keffer and Tom Hirschauer, have decades of experience helping clients such as pedestrian accident victims injured by negligent drivers. As former prosecuting attorneys, both lawyers have handled hundreds of cases involving negligent drivers and now use that experience focusing on protecting injured clients and recovering the money they deserve.
Our team has the trial experience and legal knowledge required to guide accident victims through the insurance claim and litigation processes. We are there, every step of the way, to ensure you and your family are protected while you focus on your recovery.
Trust Our Compassionate Team to Protect You
If you have been injured in a pedestrian accident, the team at Keffer Hirschauer LLP has the experience you can rely on and the driver you need to protect your interests and fight for compensation for your injuries. We offer no-cost, no-obligation consultations to answer all your questions. Simply call our office at 317-455-4043 or complete our online contact form to set up your free initial appointment with a dedicated Indiana pedestrian accident attorney today.