Navigating the aftermath of an Indianapolis pedestrian accident can be a daunting and overwhelming experience. Injured pedestrians often face serious injuries, such as physical, emotional, and financial challenges, that may seem impossible to overcome. When individuals are faced with such distressing circumstances, it's essential to have a skilled and compassionate Indianapolis pedestrian accident lawyer by their side. Our Indianapolis pedestrian accident attorneys are dedicated to providing personalized legal representation, ensuring that victims receive the justice and compensation they deserve. With our unwavering commitment and guiding principle, "We Go To War For You," anyone can rest assured that their case is in the right hands.
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What Our Clients Have To Say
I have worked with Schuerger Shunnarah twice and they have been very helpful on my personal injury cases. They went above and beyond my expectations and did a great job both times.
- Ashley C.
Schuerger Shunnarah helped me receive a settlement on my case in just months. I was treated with respect and dignity. Thanks to their help, I have been able to get my life back to normal.
- Michael S.
They provided me with excellent service throughout my personal injury case. They were available to answer my questions and helped me understand the process. I am very grateful for them!
- Deshawn B.
Understanding How Pedestrian Accidents Occur
Pedestrian accidents occur when a walker, jogger, or roller skater is involved in a collision caused by a negligent driver of a motor vehicle.
These incidents can take place on sidewalks, roads, or any area where motor vehicles and pedestrians share the space. While some pedestrian accidents result in fatalities, most lead to minor or moderate injuries.
Moreover, the severity of a pedestrian accident can range from a mild bump or brush with a bicycle to a life-threatening collision. Regardless of the intensity of the incident, the injured party may be entitled to compensation for their injuries or losses.
The Legal Implications of Pedestrian Accidents
Both pedestrians and drivers need to understand the laws governing their rights and responsibilities on the road. In Indiana, the pedestrian laws are outlined in the Indiana Code chapter 9-21-17.
Generally, pedestrians must give way to vehicles, except when walking within a crosswalk, pedestrian tunnel, overhead crossing, or following a walk signal indicating their turn to cross. Likewise, each motor vehicle must give way to pedestrians using a sidewalk or road shoulder if no sidewalk is available.
In cases where the injured pedestrian may share responsibility for the accident, Indiana's comparative fault laws come into play. As detailed in Indiana Code § 34-51-2-6, an injured pedestrian cannot be more at fault than the negligent driver who hit them.
If found to be at least 51% at fault, the pedestrian cannot recover damages from the driver or other responsible parties. However, if the pedestrian is deemed 50% or less at fault, the court or jury's determined percentage of responsibility will reduce any awarded compensation.
Examining Injuries and Potential Compensation in Pedestrian Accidents
Pedestrian accidents often result in severe injuries, with the pedestrian typically bearing the brunt of the trauma. Plenty of injuries can occur, many of which can have life-altering consequences.
Common pedestrian accident injuries include:
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Head injuries, such as traumatic brain injury or skull fractures.
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Broken or fractured bones in the arms, legs, or pelvis.
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Amputations or severe lacerations.
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Spinal cord injuries, potentially leading to paralysis.
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Internal injuries, such as bleeding or organ damage.
Additionally, the type and severity of injuries sustained in an Indianapolis pedestrian accident often depend on several factors, such as the vehicle's speed. Lower extremity injuries, affecting areas below the waist, account for around 50% of pedestrian accident-related injuries.
In contrast, head, face, and neck injuries occur in just over one-third of such incidents, while upper extremity injuries comprise around one-fourth of cases.
Economic Damages
The victims may be entitled to compensation for their medical expenses, known as economic damages.
This can cover the cost of treating catastrophic injuries and may include additional compensation, such as lost wages or property damage expenses, depending on the individual's situation.
Non-economic Damages
Non-economic damages, which account for pain and suffering or loss of a family member or relative, may also be sought in some cases. However, proving these damages can be more challenging, as there are no tangible bills or receipts to quantify their value.
Our Indianapolis pedestrian accident attorneys understand the evidence needed to pursue non-economic damages and can help ensure that injured pedestrians receive the compensation they deserve.
Navigating the aftermath of a pedestrian accident can be complex, but with the assistance of a dedicated legal professional, victims may find the support and guidance they need to pursue the compensation they deserve for their injuries.
Compensation and Legal Complexities in Pedestrian Accidents
In the aftermath of a pedestrian accident, victims and their families may be entitled to compensation for their injuries and losses. When the driver of a motor vehicle is found responsible for the incident, they can use their liability insurance coverage to provide compensation.
However, if the driver lacks insurance or has insufficient coverage, the injured pedestrian's own insurance policy may come into play. It is crucial to have a knowledgeable pedestrian accident lawyer review all relevant insurance policies and documents related to the accident.
There are several additional factors that the lawyer will need to consider in seeking compensation for the victim, including:
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Comparative fault: Sometimes, the negligent driver might work towards winning the case by trying to blame the pedestrian. In such cases, an Indiana pedestrian accident attorney must challenge any claims made by the driver attempting to shift the blame onto the victim.
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Injuries to children: If a child gets injured in a pedestrian accident, specific steps must be taken to pursue compensation. Court approval may be required for settlements exceeding $10,000.
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Wrongful death: When a pedestrian accident results in a fatality, the surviving family members may have the right to file a wrongful death claim. Indiana statutes define who can bring such claims and the types of damages that can be pursued.
Pedestrian accident victims may seek both economic and non-economic damages to account for injury-related losses. Possible compensation includes:
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Medical expenses: Costs related to emergency room visits, medication, surgeries, doctor appointments, and rehabilitation for injuries such as traumatic brain injuries or spinal cord damage.
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Lost wages: Compensation for income lost due to time off work for recovery.
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Reduced earning capacity: If injuries result in a temporary or permanent disability that prevents the victim from returning to work or performing at the same capacity, they may seek compensation for this loss.
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Pain and suffering: Damages for the physical and mental distress endured as a result of the injuries, which can be calculated with the help of an Indianapolis pedestrian accident lawyer.
Surviving family members may pursue a wrongful death case in cases where a pedestrian accident proves fatal.
With the support of an experienced Indianapolis pedestrian accident attorney, victims, and their families can work toward winning the pedestrian accident claim, and recover compensation for their loss.
Other Practice Areas
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Maximizing Compensation with the Help of Indianapolis Pedestrian Accident Attorneys
An expert Indiana pedestrian accident attorney is crucial in helping victims recover damages after an accident. By working with a dedicated legal team, the injured can focus on their recovery while the attorney handles the complexities of their case.
Establishing Negligence and Building a Strong Case
To recover compensation, an Indiana pedestrian accident attorney must prove the following elements of negligence:
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The offending party had a responsibility to maintain a duty of care.
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However, they failed to uphold their duty of care.
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As a result, the client sustained injuries during the accident.
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Finally, the accident occurred due to the defendant's negligence or wrongdoing.
Furthermore, to construct a strong case and determine liability, the Indianapolis pedestrian accident lawyer will compile pertinent evidence, including photographs taken at the accident scene, police reports, witness statements, surveillance footage, and expert opinions.
Navigating Indiana's Comparative Fault Rule in Pedestrian Accidents
In Indiana, the comparative fault rule may reduce the compensation awarded to the victim if they are found partially responsible for the accident. The court has the authority to decrease the victim's compensation based on their percentage of fault.
However, if the victim is more than 50% at fault, they may not be eligible for compensation. An experienced pedestrian accident attorney will ensure that the comparative fault rule does not unfairly reduce the victim's recovery.
Pursuing Fair Compensation for Economic and Non-Economic Damages
Indianapolis pedestrian accident lawyers can calculate the victim's economic damages, including medical treatment, lost wages, and reduced earning capacity.
Our attorneys will also seek compensation for non-economic damages, such as pain and suffering, loss of enjoyment of life, mental anguish, and loss of consortium.
Negotiating with Insurance Companies and Litigating in Court
Why Choose an Experienced Pedestrian Accident Attorney?
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Proven track record: A legal team with a history of success in recovering compensation for injured pedestrians can help ensure the best possible outcome for the victim's case.
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Personalized attention and clear communication: Our dedicated attorneys will tailor their approach to each client's specific needs, prioritizing open communication and keeping the client informed about the progress of their case.
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Contingency fee basis: With no upfront fees, victims can focus on their recovery without worrying about legal costs.
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Tenacious representation: The victim can work with a committed pedestrian accident attorney who will fight for their rights and work tirelessly to secure the compensation they deserve. Moreover, we will not shy away from challenging cases or powerful adversaries, ensuring justice is served.
Reach out Today!
Discover the exceptional support and relentless advocacy provided by the skilled legal team at Schuerger Shunnarah Trial Attorneys. We focus on protecting our client's rights and fighting for the compensation deserved after a pedestrian accident.
Get started today by calling or filling out our online contact form for a free, no-obligation consultation.