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  • Writer's pictureRobert Schuerger II

How to File a Lawsuit for Pedestrian Accident in Indiana - Everything To Know

Walking seems like a relatively safe thing to do, especially in town. However, it's still possible to be injured in a pedestrian car accident. When this happens, victims often wonder what to do or how to get restitution, and partnering with a law firm is generally the best course of action.

Hiring an Indiana pedestrian accident lawyer ensures a victim's rights are protected, and Schuerger Shunnarah Trial Attorneys goes to war for Indy.

Learn how to file a lawsuit for a pedestrian accident in Indiana below or call to request a free consultation now. They can also explain how to file a lawsuit for bicycle accident in Indiana.

How to File a Lawsuit for Pedestrian Accident in Indiana - Five Steps to Take

How to File a Lawsuit for Pedestrian Accident in Indiana - Five Steps to Take

Pedestrian accidents happen more frequently than people think. Afterward, the victim is left with extensive medical bills and lost wages. They have the right to file a claim against the at-fault party but must learn how to do so. Here are the steps to take:

1. Learn About Potential Compensation Options After a Pedestrian Accident

Indiana law allows injury victims (pedestrians) who are hit by a car to file a personal injury lawsuit or claim against the negligent drivers and receive compensation. Ultimately, compensatory damages will compensate the victim for any out-of-pocket expenses they experienced directly because of the collision.

Called economic damages and non-economic damages, pedestrian accident lawyers will fight for victims to help them receive payment for these things:

Medical Expenses

A victim can recover compensation to pay for the care they received from medical professionals, such as emergency room treatments, ambulance rides, paramedics, X-rays, extended hospital stays, and more.

These medical bills could pile up quickly if the victim suffered extensive injuries. They deserve to be compensated.

Lost Wages

Many times, pedestrian accident victims have severe injuries, which prevent them from working. A lawyer can help them recover lost wages.

Sometimes, the person can work but must take a lower-paying position or fewer hours. Compensation can make up for that difference.

Punitive Damages

While compensatory damages can help to make the victim whole again, punitive damages are designed to punish the wrongdoer, hopefully preventing similar actions from occurring again.

Pedestrian accident lawyers will often seek punitive damages, though it's up to the judge or jury to determine if this is a possible compensation option.

Pain and Suffering

Non-economic damages are often awarded for pedestrian accidents. Ultimately, this includes compensation for:

  • Inability to enjoy activities like the victim did before the accident

  • Mental anguish from having multiple surgeries or medical treatments

  • Emotional distress

  • PTSD

Wrongful Death Damages

If the victim dies, a loved one can file a pedestrian accident case for wrongful death. Potential compensation can include the deceased person's:

  • Medical bills

  • Funeral costs, including cremation or burial expenses

  • Lost wages

  • Companionship

  • Pain and suffering

2. Hire an Experienced Pedestrian Accident Attorney

Understanding the compensation options available under Indiana law is only the first step. It's also important to hire a pedestrian accident attorney who understands the legal process and system.

Filing a personal injury case against the other driver can be challenging. Most people aren't sure where to begin, and they might waste time with paperwork that doesn't matter.

3. Understand Liability in Pedestrian Accidents

With pedestrian accidents, the at-fault driver is often the one held liable for damages. However, there could be others who contribute to the incident and should be on the hook, too.

Once the lawyer investigates the accident, it might be clear that multiple parties were at fault, such as:

  • Government agencies

  • Property owners

  • Employers

  • Other pedestrians

  • Uber or Lyft drivers

  • Bus drivers

  • Truck drivers

  • Motorcyclists

  • Bicyclists

  • Negligent motorists

Indiana lawyers will actively pursue compensation from an insurance company and those indirectly or directly involved in the accident.

4. Understanding Modified Comparative Fault

It's important to note that Indiana uses the modified comparative fault system. Therefore, a victim can receive compensation, even if they're partly to blame.

Ultimately, if the victim is 49 percent at fault or less, they can recover compensation. If they're 51 percent or over, they cannot file a claim. This is why it's so important to work with Indiana pedestrian accident lawyers who understand the law and the modified comparative fault system.

5. File a Personal Injury Lawsuit Within the Time Frame

Victims have the right to file a pedestrian accident lawsuit, but Indiana has a statute of limitations in place. Therefore, they have two years from the incident date to put in a claim against the at-fault driver's insurance company.

Though it's possible to file a claim alone, it's often wise to work with a reputable law firm. Lawyers understand the rules in place and will handle paperwork and other necessities for the victim.

Common Injuries Caused by Indiana Pedestrian Accidents

Pedestrians don't have many ways to protect themselves during an accident. Therefore, they could experience life-changing injuries, such as:

  • Cuts and lacerations

  • Broken bones

  • Concussions

  • Bruising, strains, and sprains

  • Other soft-tissue injuries

  • Dental injuries

  • Traumatic brain injuries

  • Amputation

  • Burns

  • Internal organ damage

  • Nerve damage

  • Crushing injuries

  • Paralysis

  • Spinal cord injuries

  • Neck injuries

  • Back injuries

  • Hearing loss

  • Eye injuries

  • Wrongful death of a loved one

Suffering from catastrophic injuries often means not being able to work or enjoy life anymore. It's important to seek compensation for medical treatment and other accident-related expenses. Though money might not make the victim whole again, they will be able to live as comfortably as possible while they heal and recover.

What Causes Pedestrian Accidents in Indiana?

Indiana drivers owe walkers a duty of care and must drive safely at all times. Failure to do that indicates negligence, and the motorist should be held legally liable for any pedestrian accident injuries that result.

Negligent behaviors that could contribute to a pedestrian accident can include:

  • Speeding

  • Driving too fast for the current road conditions

  • Not checking backup cameras and rearview mirrors when reversing

  • Failing to yield to pedestrians (who have the right of way)

  • Not using turn signals

  • Not using caution within a school zone

  • Not obeying traffic signals and signs

  • Drowsy driving

  • Driving while under the influence of drugs/alcohol

  • Distracted driving

  • Vehicle defects and malfunctions

  • Using a rolling stop

  • Making an illegal turn

  • Forcing pedestrians to walk in the street because of closed sidewalks or road construction

Where and When Do Most Pedestrian Accidents Occur?

A pedestrian accident can happen anytime someone is walking, scootering, skateboarding, riding a bicycle, using a wheelchair, or jogging. However, they typically occur in specific locations and at particular times of day.

The NHTSA claims that most pedestrian accidents happen between 6 p.m. and 9 p.m., while 72 percent of these types of collisions occur after dark.

How an Indiana Pedestrian Accident Lawyer Helps Victims

Victims of pedestrian accidents often have many questions, such as:

  • What caused the accident?

  • Is the at-fault driver's insurance company responsible?

  • Where does one file a claim, and against whom?

  • What if the insurance adjusters say the victim is at fault?

These are difficult questions to answer. Indiana pedestrian accident victims have been through enough; they don't need the added stress of filing personal injury claims. It's often wise to work with attorneys who will gather evidence like medical records and police reports. They can help with how to file a lawsuit for construction accident in Indiana as well.

After taking on a case, pedestrian accident attorneys will:

  • Listen to the victim's story.

  • Answer the victim's questions.

  • Advise the victim on what to do.

  • Investigate the circumstances of the accident.

  • Determine liability, fault, and causation.

  • Gather accident reports, photographs, witness statements, medical records, and other information to build a strong case.

  • Consult with various experts to ensure they have the right information.

  • File appropriate claims and handle all the paperwork involved in the case.

  • Negotiate with defense attorneys, insurance adjusters, and at-fault parties on the victim's behalf.

  • Go to trial if a settlement offer cannot be agreed upon by all parties.

  • Keep the victim updated on the case's progress.

How Much Is a Pedestrian Accident Case Worth?

How Much Is a Pedestrian Accident Case Worth?

The financial compensation one can expect to get after filing a personal injury claim depends on many factors. Each situation is different, and all victims are unique.

However, the lawyer will take these considerations into account:

  • The type of injuries sustained

  • The victim's earning capacity before and after the accident

  • Out-of-pocket expenses

  • The victim's age

  • The steps the victim took to reduce injury or prevent the accident

  • The psychological and emotional impact of the accident

Typically, cases with catastrophic injuries are worth more, though each detail matters. Therefore, it's essential to discuss everything with an experienced Indianapolis pedestrian injury attorney.

Contact an Indiana Pedestrian Accident Lawyer Today

Being in a car accident can change a person's life. However, those who are walking may find themselves severely injured through no fault of their own. It's important to make sure the negligent driver is held accountable for their actions, and the best way to do that is by taking legal action.

Hiring a pedestrian accident lawyer gives victims the best chance possible to recover compensation for their medical treatment needs. In some cases, fatal injuries happen, and loved ones should file a wrongful death claim.

Schuerger Shunnarah Trial Attorneys is here to help pedestrian victims of Indiana car accidents seek damages they might be entitled to receive. Call or fill out the online form to request a free consultation today.


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