Indianapolis Pedestrian Accident Lawyer
A recent report by The National Highway Traffic Safety Administration states that more than 4,000 pedestrians are killed in collisions with motor vehicles every year.
In fact, Indiana has the 12th highest rate of pedestrian deaths, and 16% of all pedestrian accidents end in death.
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Why Do Pedestrian Accidents Occur in Indiana?
In order for you to bring a claim for damages in a pedestrian accident in Indianapolis and throughout Indiana, you and your Indianapolis pedestrian accident lawyer must prove that the operator of the motor vehicle was negligent. In order to do this, your Indianapolis attorney at Truitt Law Offices must gather the evidence you need in order to prove that the driver:
- Didn’t see you or a loved one because they were distracted. They may have been on their cell phone. Their cell phone records can be subpoenaed to prove this.
- The driver was impaired by alcohol or drugs. The police report, breath, or blood tests can be substantial evidence.
- The driver ran a red light or stop sign, made an illegal turn, or was speeding. Any of these may be established through red light camera footage, and/or information from electronic data recorders.
- Failed to use reasonable care in a school zone where children are present. Security camera footage may be available to help prove this.
Are Children and Older Adults More At Risk for Pedestrian Accidents in Indianapolis?
While every pedestrian in Indiana has a high risk of injury if involved in an accident with a motor vehicle, children and older adults run a much higher risk of being hit by a motorist.
Additionally, a fatal pedestrian accident is the leading cause of death for children aged 15 and younger, and the most common cause of traumatic brain injury in children aged 5-9.
Older adults make up 21 percent of traffic fatalities in Indiana pedestrian accidents because older people may not be able to move as fast to get out of the way, or react as quickly as a younger person. Both of which would help them avoid a deadly collision.
If you or a loved one has been hit by a motor vehicle, it’s vital that you contact an Indiana pedestrian accident attorney like the lawyers at Truitt Law Offices in Indianapolis. The entire Truitt Law Offices attorneys and staff are dedicated professionals who can help you seek the damages you deserve.
What Compensation is Available After a Pedestrian Accident in Indiana?
If the driver of a motor vehicle was responsible for you or your loved one’s Indianapolis pedestrian accident, you may rely upon the driver’s liability insurance coverage for compensation payments. However, if the driver doesn’t have insurance or lacks enough insurance to pay for your injuries, your own insurance coverage may be relied on for your compensation. It’s important to have an Indianapolis pedestrian accident lawyer review all the insurance policies and documents that arise due to your accident.
There may be additional issues that may have to be dealt with. They include:
- Comparative fault: In Indiana, if you are found to be more than 50% at fault for the accident, you may be prevented from receiving any compensation. If you are found to be 50% or less at fault, your recovery may be reduced in proportion to your percentage of fault.
Many times, the driver of the motor vehicle who hit you tries to blame you for the accident by claiming you darted out into traffic or that you illegally crossed the road.
Your Indianapolis pedestrian accident lawyer will aggressively challenge these claims. - Injuries to Children: If your child is the pedestrian that was injured, there are specific steps that must be taken in pursuing compensation, including getting the court’s approval of any settlement that exceeds $10,000.00.
- Wrongful Death: If your Indianapolis pedestrian accident resulted in a fatality, your surviving family members may be able to pursue a wrongful death claim that is defined by Indiana statutes that control who can bring a claim and the types of damages you may be able to recover.
Call an Indianapolis Personal Injury Attorney Today
The Truitt Law Offices in Indianapolis is experienced in representing pedestrians and their families. Our Indianapolis personal injury attorneys know how to navigate the complicated and complex issues that may arise in your case, and they will be a strong advocate for you in seeking the compensation you and your family deserve.
