Skilled Guidance Through Pedestrian Accident Claims

When you go out for a walk, jog or run, you assume you will be safe. However, more pedestrians are injured or killed now than a decade ago. According to the Centers for Disease Control and Prevention, almost 129,000 people are treated for nonlife-threatening injuries and about 6,000 people die after an accident that happens while walking.

If you were injured or someone you care about was hurt or killed on their walk, call Allen Wellman Harvey Keyes Cooley, LLP. We have decades of experience helping people with personal injury cases throughout Indiana.

Driver Negligence Causes Most Pedestrian Accidents

Most accidents involving pedestrians happen when drivers:

• Are distracted
• Speeding
• Fail to yield the right of way to pedestrians
• Disobey traffic signs/signals
• Don’t signal their turns
• Disregard weather or traffic conditions
• Drive under the influence of drugs or alcohol

Property Hazards Are Dangerous For Walkers

Property owners must maintain safety standards, and they must warn people of hazards.

To succeed in a case for injuries against a property owner, you must prove the owner created the hazard or knew about it and did nothing to fix it. Your case is stronger if you can prove the hazard could have been discovered and corrected.

There are additional difficulties for anyone who was hurt walking if the road is maintained by the city, county, or state and it was not properly maintained or there was a defective design. Depending on the details, you might be able to sue the entity that was supposed to maintain the road.

Property liability cases are complicated. It can be hard to recover damages without the help of an attorney who has the proper knowledge, experience and resources. Call us for help.

Get The Facts About Your Pedestrian Accident Claim In Indiana

After a pedestrian accident, you may have questions about your rights and how you will proceed from here. We have put together answers to some of the most common questions we hear from our clients. If you do not find the answers you are looking for, our team is always ready to provide you with tailored guidance.

What should I do if I was hit by a car while walking in Indianapolis?

First, call 911 immediately so that police and medical responders can come to the scene. Even if you feel fine, make sure to get a medical evaluation right away as some injuries do not show symptoms until days later. If you are capable, take photos of your injuries, the vehicle, the road and anything else that may be relevant. Get the driver’s contact and insurance information as well as the names and contact details of any witnesses. After that, report the accident to your insurance company but avoid giving detailed statements until you have spoken with an attorney. Finally, contact a pedestrian accident attorney as soon as possible to protect your rights and ensure you take the right steps toward filing a claim.

Who is liable for a pedestrian accident in Indiana?

Negligence drives most pedestrian accident claims. This means that the injured person must prove four things: the at-fault party had a responsibility to act safely, they failed to meet that responsibility, their failure caused the injuries and those injuries resulted in damages.

Indiana follows a comparative fault rule, which means more than one party can share responsibility for an accident. In most cases, the driver of the vehicle is responsible if they were speeding, distracted or failed to yield to a pedestrian. However, other parties can also share liability. A government agency may be responsible if a poorly maintained road or broken traffic signal contributed to the accident. A property owner may also share liability if a hazardous condition on their property forced you into the road.

Can I recover compensation if I was partially at fault?

Indiana follows a modified comparative fault rule. This means that as long as you are less than 51% responsible for the accident, you can still file a claim. However, your compensation will be reduced by the percentage of fault assigned to you. For example, if you were found 20% at fault and your total damages were $100,000, you may be able to recover $80,000.

How much is a pedestrian accident case worth?

Every pedestrian accident case is different, so there is no single answer to this question. The value of your case comes down to several key factors, including the extent of your injuries, the cost of your medical treatment, income you lost due to the accident and how your daily life has changed as a result. In some cases, victims can also recover compensation for pain and suffering. The strength of the evidence and the degree of fault assigned to each party can also affect the final amount.

Indiana’s Personal Injury And Pedestrian Rights Attorneys

Contact us if you seriously hurt and the driver was negligent while you were walking or jogging; we can work with you to prove their liability and recover the maximum compensation.

For a free, confidential meeting in our Greenfield or Indianapolis offices, contact us online or call 317-468-2355.