Walking is a common mode of transportation in many cities, including those in Indiana. Unfortunately, pedestrian accidents can occur, resulting in serious injuries and even fatalities. If you or someone you know has been involved in a pedestrian accident in Indiana, understanding the legal options and requirements for personal injury claims is crucial. This article will provide an overview of the legal landscape surrounding pedestrian accidents in Indiana and guide you through the necessary steps to protect your rights and seek compensation.
Indiana Pedestrian Laws
In Indiana, like in most states, pedestrians have certain rights and responsibilities on the road. Pedestrians are generally granted the right-of-way in crosswalks and at intersections, even if there are no marked crosswalks present. However, pedestrians must exercise due care and obey traffic signals and signs. It’s important to note that pedestrians are not allowed to suddenly leave the curb or other places of safety and walk or run into the path of a vehicle that is so close that it is impractical for the driver to yield.
Comparative Fault in Indiana
Indiana follows a modified comparative fault rule when it comes to personal injury claims. Under this rule, the compensation a pedestrian can recover may be reduced if they are found to be partially at fault for the accident. If a pedestrian’s fault is determined to be more than 50%, they will be barred from recovering any compensation. Therefore, it is essential to establish liability and demonstrate the driver’s negligence in order to maximize the potential compensation for your injuries.
Steps to Take After a Pedestrian Accident
Seek medical attention: Your health and well-being should be your top priority. Even if you feel fine initially, it’s important to get a medical evaluation as some injuries may not be immediately apparent.
Contact law enforcement: Call the police to report the accident and provide them with all the necessary details. This will create an official record of the incident, which can be valuable for your personal injury claim.
Gather evidence: Collect as much evidence as possible at the accident scene. Take photographs of the area, including skid marks, traffic signals, and any visible injuries. Obtain contact information from witnesses who saw the accident occur.
Preserve documents: Keep a record of all medical bills, receipts, and other expenses related to your injuries. These documents will help establish the damages you’ve suffered.
Consult a personal injury attorney: Contact an experienced personal injury attorney in Indiana who specializes in pedestrian accidents. They will provide you with expert guidance, assess the strength of your case, and fight for your rights to seek compensation.
Personal Injury Claims in Indiana
To file a personal injury claim in Indiana, you must consider the following requirements:
Statute of limitations: In Indiana, the statute of limitations for personal injury claims is generally two years from the date of the accident. Failing to file your claim within this time frame may result in losing your right to seek compensation.
Comparative fault: As mentioned earlier, Indiana follows a comparative fault rule. To recover compensation, you must establish that the driver was primarily at fault for the accident and that your own negligence did not exceed 50%.
Damages: You can seek compensation for various damages, including medical expenses, lost wages, pain and suffering, and emotional distress. An experienced personal injury attorney will help determine the appropriate amount of compensation to pursue based on the specific circumstances of your case.
Legal Options in Indiana for Pedestrian Accidents
When it comes to seeking compensation for a pedestrian accident in Indiana, there are several legal options available. These include:
Insurance Claims: In Indiana, the first step after a pedestrian accident is often filing an insurance claim. If the driver who caused the accident has auto insurance, their liability coverage may provide compensation for your injuries and damages. However, insurance companies are known to prioritize their profits over your best interests. It is essential to have legal representation to ensure you receive fair compensation and navigate the complexities of the claims process.
Personal Injury Lawsuit: If insurance negotiations fail to yield a satisfactory settlement or if the driver does not have insurance, filing a personal injury lawsuit may be necessary. A personal injury lawsuit allows you to seek compensation through the civil court system. By presenting evidence of the driver’s negligence and the damages you have suffered, you can pursue a financial award for medical expenses, lost wages, pain and suffering, and other losses resulting from the accident.
Requirements for Personal Injury Claims in Indiana
To have a strong personal injury claim after a pedestrian accident in Indiana, certain requirements must be met:
Duty of Care: You must establish that the driver owed you a duty of care. Drivers have a legal obligation to exercise reasonable caution and avoid actions that could harm pedestrians.
Breach of Duty: You must show that the driver breached their duty of care. This could include actions such as distracted driving, speeding, running a red light, or failing to yield the right-of-way.
Causation: It must be demonstrated that the driver’s breach of duty was a direct cause of the accident and your resulting injuries.
Damages: Finally, you must provide evidence of the damages you have suffered as a result of the accident. This can include medical bills, rehabilitation costs, lost wages, pain and suffering, and emotional distress.
Working with an Experienced Personal Injury Attorney
Navigating the legal process and understanding the requirements for a personal injury claim can be overwhelming, especially when you are dealing with the physical and emotional aftermath of a pedestrian accident. That’s why it is crucial to work with an experienced personal injury attorney who specializes in pedestrian accidents in Indiana.
A skilled attorney will handle all aspects of your case, from conducting a thorough investigation and gathering evidence to negotiating with insurance companies and advocating for your rights in court if necessary. They will work tirelessly to ensure you receive fair compensation for your injuries and losses.
Moreover, an attorney can provide guidance and support throughout the entire process, relieving some of the stress and allowing you to focus on your recovery.
For experienced guidance and dedicated legal representation in your pedestrian accident case, contact Wyant Law today. Our personal injury attorneys are ready to fight for your rights and help you seek the compensation you deserve. Contact us now at to schedule a free consultation and take the first step towards obtaining the justice and financial recovery you need. Don’t delay, as time is of the essence in pursuing your claim. Trust Wyant Law to be your advocate in Indiana.