Do Pedestrians Face Increased Dangers?
McGlone Law
March 10, 2021
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Don’t Go It Alone, Call McGlone
Don’t Go It Alone, Call McGlone
Being a pedestrian involved in an accident can be overwhelming in and of itself. However, the situation can seem almost unbearable if you have the added condition of being injured due to another person’s negligence. In addition, you are likely already dealing with a stack of medical bills and are worried about how you will support yourself and your family if you cannot work.
McGlone Law of Terre Haute, Indiana is a personal injury law firm dedicated to assisting pedestrian accident victims to recover maximum compensation for their injuries. Contact our law offices and ask to schedule a free consultation to review your case and answer your questions.
It’s important to call the police right away after a pedestrian accident. Getting a police report filed will help you recover the compensation you deserve. While at the scene, remain calm. Arguing or otherwise becoming aggressive might turn into a disastrous situation. Things could escalate quickly, and even someone not previously at fault could end up in legal jeopardy. If you were injured, request emergency medical responders.
You should always collect the driver’s license, proof of insurance and contact details for all parties involved in the accident.
Even if you made an error, you may not be entirely at fault. It’s important not to admit fault in the heat of an accident because it can hurt you in court later. You may end up admitting fault when you weren’t entirely at fault or even when you weren’t at fault at all.
Photographic and video evidence of the damage to the vehicle, the positioning of the vehicle, skid marks, lighting, and terrain will help with reconstructing the accident, proving fault, and recovering the compensation you deserve.
Witness statements can add credibility to your statements about what happened. If possible, talk to those who witnessed the accident and get their contact information so they can be contacted later if needed.
Even if you don’t think you are seriously injured, you should always seek medical attention after an accident. You may have injuries that haven’t presented yet because of the adrenaline from the accident. If you wait, the insurance company will use your decision to not seek medical attention against you, claiming that you must not be injured badly if you didn’t seek help. This also goes for follow up visits. You should see your doctor every 30 days while your case is ongoing.
The best way to get the compensation you deserve is by contacting an attorney who specializes in pedestrian accident cases. Using an attorney will ensure that you’ve got someone in your corner who knows all the ways the insurance companies are going to try to devalue your claim and who won’t let that happen to you. When looking for an attorney, look for one trained in accident reconstruction and skilled in pedestrian accident personal injury cases. This kind of attorney will have the knowledge and experience with these kinds of cases that will best position them to advocate for you and the compensation you deserve.
It’s important to call the police right away after a pedestrian accident. Getting a police report filed will help you recover the compensation you deserve. While at the scene, remain calm. Arguing or otherwise becoming aggressive might turn into a disastrous situation. Things could escalate quickly, and even someone not previously at fault could end up in legal jeopardy. If you were injured, request emergency medical responders.
You should always collect the driver’s license, proof of insurance and contact details for all parties involved in the accident.
Even if you made an error, you may not be entirely at fault. It’s important not to admit fault in the heat of an accident because it can hurt you in court later. You may end up admitting fault when you weren’t entirely at fault or even when you weren’t at fault at all.
Photographic and video evidence of the damage to the vehicle, the positioning of the vehicle, skid marks, lighting, and terrain will help with reconstructing the accident, proving fault, and recovering the compensation you deserve.
Witness statements can add credibility to your statements about what happened. If possible, talk to those who witnessed the accident and get their contact information so they can be contacted later if needed.
Even if you don’t think you are seriously injured, you should always seek medical attention after an accident. You may have injuries that haven’t presented yet because of the adrenaline from the accident. If you wait, the insurance company will use your decision to not seek medical attention against you, claiming that you must not be injured badly if you didn’t seek help. This also goes for follow up visits. You should see your doctor every 30 days while your case is ongoing.
The best way to get the compensation you deserve is by contacting an attorney who specializes in pedestrian accident cases. Using an attorney will ensure that you’ve got someone in your corner who knows all the ways the insurance companies are going to try to devalue your claim and who won’t let that happen to you. When looking for an attorney, look for one trained in accident reconstruction and skilled in pedestrian accident personal injury cases. This kind of attorney will have the knowledge and experience with these kinds of cases that will best position them to advocate for you and the compensation you deserve.
Out-of-pocket expenses you have because of the accident. These include: past and future medical bills, lost wages, loss of future earning capacity, and property damage.
Intangible losses that don’t have a fixed dollar amount and are subjective. These include: pain and suffering, loss of enjoyment of life, loss of companionship, and permanent disfigurement and scarring.
Punitive damages are awarded to punish the defendant for wrongdoing and to discourage others from repeating the behavior. These may be awarded when the defendant has acted intentionally recklessly or with gross negligence.
Our law firm is uniquely qualified to help personal injury victims recover damages that may be appropriate for their particular case. For example, Indiana law is stringent regarding allowing plaintiffs to try and recover punitive damages. In most instances, the injury victim is not entitled to file a claim for punitive damages simply because the defendant in the case acted negligently but not with willful intent to cause harm.
Nevertheless, an injury victim may recover punitive damages if it can be demonstrated that the other party knowingly acted in a manner that any reasonable person would believe had a probability of causing harm or injury.
If you feel that your case qualifies for punitive damages, you need to consult with a personal injury lawyer immediately. At McGlone Law, our lawyers have the experience to determine if your case qualifies for punitive damages and what amount would be appropriate to request in a settlement.
Pedestrian accidents may occur for a variety of reasons. However, several commonly cited reasons in pedestrian accident reports occur more frequently than others.
They include:
Even though all of these factors could lead to a pedestrian accident, distracted driving is the most dangerous and common root cause of collisions. In our age of modern technology, motorists are often more preoccupied with their phones or car entertainment system than keeping their eyes on the road.
Pedestrians are especially vulnerable in accidents with vehicles. Having a pedestrian accident lawyer on your side can be a big advantage for several reasons:
If you’ve been injured in a pedestrian accident, consulting with a personal injury lawyer experienced in these cases is crucial. They can assess your situation, explain your options, and fight to get you the compensation you deserve.
Pedestrians lack many of the basic protections that other individuals enjoy while traveling in a motor vehicle and often fail victim to severe injuries due to the accident. Often these injuries are severe and result in the victim being unable to work, which quickly creates financial hardship for them and their families.
Under Indiana law, you may be entitled to recover economic and non-economic damages if you have been injured in a pedestrian accident. These damages are also often referred to as compensatory damages.
We handle any pedestrian accident case where you are not at fault. If you are partially at fault, we can still take your case as long as the other party is 51% or more at fault. Sometimes fault is unclear, so if you’ve been in a pedestrian accident call us at (812) 247-8416 today for a free, no-obligation consultation.
Yes, you can. Multiple parties can be liable for the accident, and you shouldn’t assume that because you may have done something wrong, you are 100% at fault. Indiana follows a comparative negligence law. This law can mean that each party involved in an accident is assigned a percentage of fault, depending upon what they did or failed to do that helped to cause the accident. If you are assigned more than 51%, you are unable to pursue damages.
Several factors work together to establish fault after a pedestrian accident. Evidence includes pictures or videos of the scene and vehicles, police records, witness statements, and more. Read our blog to learn more about comparative negligence and partial fault.
The statute of limitations for most personal injury cases, including pedestrian accidents, is two years. If you are under 18 years of age at the time of the accident, the two year time window starts on your 18th birthday.
According to Indiana Statute 25-1-9.1-4, an emergency medical condition (EMC) is a medical condition manifesting itself by acute symptoms of sufficient severity, which may include severe pain, such that the absence of immediate medical attention could reasonably be expected to result in any of the following:
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