Fishers Pedestrian Accident Lawyer

Being struck by a vehicle while walking can be a terrifying and life-altering experience. Whether you were enjoying a stroll through the Nickel Plate District or crossing the street in the Fishers District, if you suffered injuries in a pedestrian accident, you are likely facing serious injuries, mounting medical bills, and an uncertain future. 

If a driver’s carelessness caused your injuries, you have rights. A Fishers pedestrian accident lawyer at Wyant Law can help you understand your options and seek the accountability you deserve.

We understand how difficult this time is. You are not just a case file; you are a member of our community who needs help. Wyant Law is committed to providing compassionate guidance and dedicated advocacy for injured pedestrians in Fishers and throughout Indiana. We are here to listen to your story and help you on the path to recovery. Contact us today for a free consultation to discuss your situation.

Key Takeaways for Fishers Pedestrian Accidents

• Individuals injured in pedestrian accidents in Indiana due to a driver’s negligence may be able to recover financial compensation for their injuries and other losses.
• Indiana law follows a modified comparative fault rule, which means an injured person’s compensation may be reduced if they are found partially at fault for the accident.
• The types of compensation available in a pedestrian accident claim can include payment for medical bills, lost income, and pain and suffering.
• Insurance companies often attempt to settle claims quickly and for an amount that may not cover the full extent of a victim’s long-term damages.
• In the tragic event of a fatal pedestrian accident, the victim’s family may be able to pursue a wrongful death claim to recover damages.
• An Indiana personal injury attorney can manage the legal process, from investigation to negotiation, allowing the injured person to concentrate on their health and recovery.

Why Choose Wyant Law for Your Fishers, IN Pedestrian Accident Claim

After a traumatic accident, choosing the right legal representative is a critical decision. You need an attorney who not only has a deep understanding of Indiana’s personal injury laws but also sees you as a person who needs support. At Wyant Law, attorney Chris Wyant provides personalized attention to every client. With over 16 years of experience handling injury cases across Indiana, he has the knowledge and determination to navigate the complexities of your claim.

We believe that clear communication and accessibility are fundamental. You will have your questions answered in plain English and receive honest assessments of your situation. Our goal is to lift the legal burden from your shoulders so you can focus entirely on healing. We handle all the details, from gathering evidence to communicating with insurance adjusters, while keeping you informed every step of the way.

Wyant Law is dedicated to helping you through this challenging time by:

• Providing direct access to your attorney, Chris Wyant.
• Conducting a thorough investigation into the circumstances of your accident.
• Working tirelessly to build a strong claim on your behalf.

Our firm stands beside you on your road to recovery, committed to fighting for the outcome you and your family deserve.

How Common Are Pedestrian Accidents in Indiana?

While Fishers is known for its beautiful parks and walkable community spaces, the risk of a pedestrian accident is always present. Unfortunately, these incidents are far too common across the country and right here in Indiana. According to the most recent data from the Governors Highway Safety Association (GHSA), more than 7,00 pedestrians were killed in traffic crashes in the United States in the past year, the highest number since 1981.

In Indiana, the situation is also concerning. The Indiana University Public Policy Institute reported that in a recent year, there were over 2,100 pedestrian-involved crashes, resulting in numerous serious injuries and fatalities. Because a pedestrian has no protection against the force of a car, truck, or motorcycle, the injuries are often catastrophic, including traumatic brain injuries, spinal cord damage, broken bones, and internal organ damage. In the most tragic cases, these accidents are fatal.

What Duty Do Motorists Owe to Pedestrians

In Indiana, both drivers and pedestrians have responsibilities for sharing the road safely. However, the law recognizes that operators of motor vehicles carry a greater responsibility because of the significant harm their vehicles can cause. Indiana law outlines specific duties that drivers owe to pedestrians to prevent accidents and protect vulnerable road users.

Under the Indiana Code § 9-21-8-36, drivers must exercise “due care” to avoid colliding with any pedestrian. This is a general duty to be alert and cautious at all times. Beyond this general rule, there are more specific obligations drivers must follow.

Drivers in Indiana have a legal duty to:

• Yield to pedestrians in crosswalks: When a pedestrian is in a marked or unmarked crosswalk, approaching vehicles must slow down or stop to allow the pedestrian to cross safely.
• Avoid passing a stopped vehicle: A driver cannot overtake and pass another vehicle that is stopped at a crosswalk to permit a pedestrian to cross the roadway.
• Use caution around children: Drivers must be especially vigilant in areas where children may be present, such as school zones, playgrounds, and residential neighborhoods.

When a driver fails to uphold these duties, whether due to distraction, impatience, or impairment, they can be held legally responsible for the harm they cause. A Fishers pedestrian accident lawyer can help investigate whether a driver violated their legal duties in your case.

What if I’m Partly to Blame for My Injuries?

This is a common concern for many injured pedestrians. You might worry that because you were crossing mid-block or were distracted by your phone, you have no right to compensation. However, this is not necessarily true in Indiana. Indiana operates under a legal principle called “modified comparative fault.”

This rule, found in Indiana Code § 34-51-2-6, means that you can still recover damages even if you were partially at fault for the accident, as long as your percentage of fault is not 51% or greater. The amount of compensation you can receive will be reduced by your percentage of fault. For example, if you are awarded $100,000 in damages but are found to be 20% at fault, your final award would be reduced by 20% to $80,000. 

If, however, you are found to be 51% or more at fault, you are barred from recovering any compensation at all.

Insurance companies often try to shift as much blame as possible onto the injured pedestrian to reduce or deny a claim. They might argue that you were:

• Jaywalking, which means crossing the street outside of a designated crosswalk.
• Crossing against a traffic signal or “Don’t Walk” sign.
• Walking in the road when a sidewalk was available.

Determining fault is a complex process that involves analyzing police reports, witness statements, and physical evidence. Even if you believe you might have contributed to the accident, you should not assume you are ineligible for compensation. An experienced attorney can protect your rights and counter unfair attempts by the insurance company to blame you for your injuries.

The Insurance Company Made Me an Offer. Should I Take It?

Soon after the accident, you will likely be contacted by an insurance adjuster from the at-fault driver’s insurance company. The adjuster may seem friendly and concerned, and they might make a quick offer to settle your claim. While this may seem like a relief, especially when medical bills are piling up, accepting an early settlement offer is almost always a mistake.

Insurance companies are for-profit businesses. Their primary goal is to protect their bottom line, which means paying out as little as possible on claims. The first offer they make is typically far less than the true value of your case. They are counting on the fact that you are under financial pressure and may not understand your legal rights or the full extent of your damages.

There are several reasons to be cautious of an early settlement offer:

• It may not cover future medical needs: Many serious injuries require ongoing treatment, physical therapy, or even future surgeries. A quick settlement will not account for these long-term costs.
• It likely undervalues your pain and suffering: The offer may cover your immediate medical bills but fail to provide fair compensation for the physical pain, emotional distress, and loss of quality of life you have experienced.
• You may not know the full impact on your ability to work: If your injuries prevent you from returning to your job or limit your future earning capacity, an initial offer will not reflect these significant financial losses.

Once you accept a settlement, you waive your right to seek any further compensation for the accident, even if your injuries turn out to be more severe than you initially thought. Before you sign any documents or agree to any settlement, it is crucial to discuss your case with a knowledgeable Fishers pedestrian accident lawyer who can help you calculate the true value of your claim.

Compensation Available in a Fishers Pedestrian Accident Lawsuit

If you have been injured in a pedestrian accident caused by someone else’s negligence, you may be entitled to recover compensation for a wide range of losses. This compensation, legally referred to as “damages,” is intended to help you become as whole as possible after the accident. Damages are generally categorized into two main types: economic and non-economic.

An experienced attorney can help identify and calculate all potential damages in your case to pursue a fair recovery. You may be able to seek compensation for the following:

• Economic Damages: These are the tangible financial losses you have incurred due to the accident. They can be calculated and proven with documents like bills, receipts, and pay stubs. Examples include:
  • Current and future medical expenses (hospital stays, surgery, medication, rehabilitation).
  • Lost wages from time missed at work.
  • Loss of future earning capacity if you are disabled and cannot return to your previous job.
  • Costs for assistive devices or home modifications.
• Non-Economic Damages: These damages are for the intangible, personal losses that do not have a specific price tag but significantly impact your life. They include:
  • Physical pain and suffering.
  • Emotional distress and mental anguish.
  • Scarring and disfigurement.
  • Loss of enjoyment of life.

In the devastating event that a pedestrian accident results in a fatality, the victim’s surviving family members may be able to file a wrongful death lawsuit. In Indiana, a wrongful death claim can help a family recover damages for funeral and burial expenses, loss of the deceased’s love and companionship, and the loss of financial support the victim would have provided.

Fishers Pedestrian Accident Lawyer FAQs

Here are answers to some common questions we receive from individuals and families dealing with the aftermath of a pedestrian accident.

You do not have to face the aftermath of a serious pedestrian accident alone. The legal system can be confusing, and dealing with insurance companies can be stressful, especially when you are trying to recover from your injuries. Let an experienced and compassionate Fishers pedestrian accident attorney from Wyant Law handle the legal aspects for you.

Attorney Chris Wyant is dedicated to helping injured members of the Fishers community get back on their feet. We are ready to stand by your side and fight for the full and fair compensation you need to move forward.

When you work with Wyant Law, we will:

• Thoroughly investigate your accident to gather crucial evidence.
• Manage all communications with insurance adjusters and attorneys.
• Work with you to calculate the complete value of your claim.
• Advocate tirelessly for your best interests in negotiations or in court.

Your recovery is our priority. Contact Wyant Law today at 317-683-0333 or through our online form for a free, no-obligation consultation. We are here to listen to your story, answer your questions, and explain how we can help.