Do I Need a Pedestrian Accident Attorney?

Have you suffered a severe injury or the untimely loss of a loved one in a pedestrian accident? If so, the answer to the question: “Do I need a pedestrian accident attorney?” — is yes. An experienced pedestrian accident attorney in Indiana will compassionately guide you through the legal process of exercising your right to financial compensation. Schedule a free consultation to discuss the specifics of your claim.

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Who Can Be Held Liable in Pedestrian Accidents?

Multiple parties, such as at-fault drivers and pedestrians, may be liable in a pedestrian accident. Persons and entities whose third-party negligence contributed to the accident, such as employers and defective parts manufacturers, may also be found liable.

At-Fault Drivers

Drivers are most commonly at fault when pedestrian accidents occur. They have a duty of care to exercise extra caution when approaching pedestrians. Common ways the driver is at fault in pedestrian accidents include:

• Disobeying traffic signals, like running stop signs and red traffic lights
• Driving above posted speed limits—speeding
• Distracted driving, like texting, scrolling, or talking on the phone
• Drunk or impaired-driving
• Failure to yield the right-of-way to pedestrians while in an alley or driveway

Exhaustion is another primary reason drivers are at fault for causing pedestrian accidents. While the numbers of sleep-deprived drivers are challenging to quantify, a recent five-year study demonstrates that 17.6 percent of all fatal crashes involve a drowsy driver.

At-Fault Pedestrians

Pedestrians have the same duty to exercise care and can be found liable in accidents where their negligence was responsible. Common ways pedestrians are negligent in a pedestrian accident claim involve:

• Jaywalking
• Not respecting the right away
• Failing to use a crosswalk
• Walking on a highway
• Darting out into the flow of traffic
• Crossing against a traffic signal
• Ignoring traffic signage

Intoxication is a significant contributor to pedestrian accidents. The National Safety Council analysis of (NHTSA) pedestrian traffic fatality data shows that alcohol impairment factored in 43 percent of all pedestrian fatalities.

Third Parties

Sometimes, circumstances render third parties negligent in a pedestrian accident. For example, a driver may experience a blown tire, or a crack in the sidewalk may have caused the pedestrian to slip and fall in front of the vehicle. Potential third parties liable in pedestrian accidents include:

• Public or Private Entity: Public and private entities may be liable for dangerous conditions that cause accidents, such as poor lighting, inoperative traffic lights, overgrown shrubs obstructing views, and cracks and potholes in the concrete.
• Employer: An employer may be liable if the at-fault employee was using a company vehicle for work-related reasons, was on company time, performing company tasks, or was involved in activities benefiting the employer’s financial interests. Situations like negligent maintenance and overloaded vehicles are also employer negligence.
• Vehicle Manufacturer or Repairer: A vehicle manufacturer or repairer may be liable if the vehicle involved in the accident had negligent manufacturing or repair issues.

Establishing fault is necessary for recovering compensation in a pedestrian accident. Some states follow contributory negligence laws stating that a victim found even slightly at fault cannot recover damages. Speak with your attorney to determine eligibility.

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Reasons You Need a Pedestrian Accident Attorney

There are three primary reasons you need a pedestrian accident attorney after an accident: you suffered an injury, you suffered the loss of a loved one, and so you may avoid communication with shady insurance companies determined to deny your compensation claim.

You Are Injured

If you suffered an injury in a pedestrian accident, having an attorney handle all the legal work involved in the aftermath is important. Your primary focus should be recovery and rest. An experienced personal injury lawyer will alleviate the stress of recovering compensation for your financial losses, such as medical bills from your injuries.

Wrongful Death in a Pedestrian Accident

Losing a loved one is never easy. However, to suffer loss due to negligence or wrongdoing by another is devastating. Surviving victims of wrongful death accidents should consult with a personal injury lawyer immediately to recover financial losses, including:

• Pain and suffering of the deceased before their death
• Medical bills relating to the accident before the decedent’s death
• Property damages from the accident
• Mental anguish
• Loss of consortium (companionship, love, guidance, protection)

Your attorney may also recover lost income damages. Lost income includes earnings, bonuses, missed promotions due to injury, and loss of benefits like health and retirement.

Handling Insurance Companies

Insurance companies are notorious for pressuring pedestrian accident victims to settle their claims too soon and for too little money. They have an arsenal of tactics to get victims to admit at least partial liability, including asking for recorded statements that they can then use to discredit injury claims.

Don’t provide any recorded statements. Contact a pedestrian accident lawyer immediately if you’ve already recorded a statement with the insurance company. They will advise you on what to do next.

Legal Education and Experience

Pedestrian accident attorneys have a minimum of seven years of higher education in law. Additionally, they are duty-bound to continue their education on changes and new laws. Having them navigate the complex judicial system on your behalf ensures a smoother process and a more significant financial settlement.

Pedestrian Accident Lawyers Are Skilled Negotiators

Most Americans are uncomfortable or unwilling to negotiate starting salaries and annual raises with employers. Are you confident in correctly determining your losses, calculating non-monetary damages, and enduring multiple negotiations with the insurance company to get the compensation you deserve? If not, you need a pedestrian accident attorney on your team for their honed negotiation skills.

Contingency Arrangements

Most pedestrian accident attorneys work within contingency arrangements, meaning there are no upfront costs; they only get paid if you do. This type of no-risk financial arrangement allows them to offer their services to everyone, regardless of economic circumstances.

Call A Pedestrian Accident Lawyer Today

You can schedule a free consultation with an attorney to determine if you have a case for compensation in a pedestrian accident. Don’t delay, call an experienced personal injury attorney today.

Schedule a Free Initial Consultation Today!