Wagner Reese is a leading law firm committed to representing victims of pedestrian accidents. Our injury lawyers in Terre Haute, IN, offer personalized legal support to ensure our clients receive fair compensation for their injuries, addressing both immediate and long-term needs. With a proven track record in handling complex personal injury cases, our team leverages comprehensive legal resources and expert witnesses to strengthen each case.
We provide compassionate and effective Indiana pedestrian accident legal assistance, guiding our clients through every step of the legal process to achieve the justice they deserve.
Pedestrian Accident Law in Indiana
Right of Way and Traffic Laws
In Indiana, pedestrians generally have the right of way at crosswalks and intersections. Drivers are required to yield to pedestrians crossing the street within marked or unmarked crosswalks. However, pedestrians must also exercise caution and not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that’s so close the driver can’t yield.
Comparative Fault Rule
Indiana operates under a comparative fault system, specifically the “51% Bar Rule.” This means that if a pedestrian is found to be 51% or more at fault for the accident, they cannot recover any damages. If the pedestrian is less than 51% at fault, they can still recover compensation, but it will be reduced by their percentage of fault.
Statute of Limitations
The statute of limitations for filing a personal injury lawsuit in Indiana is two years from the date of the accident. This time limit also applies to wrongful death claims if a pedestrian accident results in a fatality. If the claim isn’t filed within this period, the right to seek compensation is typically forfeited.
Compensation for Damages
Pedestrian accident victims in Indiana can seek compensation for various damages, including:
- Medical Expenses: Covering both current and future medical costs related to the accident
- Lost Wages: Compensation for income lost due to the inability to work during recovery
- Pain and Suffering: Damages for physical pain and emotional distress
- Property Damage: Costs associated with repairing or replacing personal property damaged in the accident
- Loss of Consortium: Compensation for the impact of the accident on personal relationships and quality of life
Filing a Claim Against Government Entities
If the accident involves a government-owned vehicle or occurs on government property, special rules and shorter timelines apply. Victims must file a notice of claim with the appropriate government entity within 180 days for state claims or 270 days for local claims. Failure to meet these deadlines can result in the loss of the right to pursue compensation.
Legal Representation
Given the complexities of pedestrian accident cases, securing experienced pedestrian accident representation in Terre Haute is crucial. A skilled attorney can help gather evidence, negotiate with insurance companies, and represent the victim in court if necessary. They can also ensure that the victim’s rights are protected and that they receive the maximum compensation possible.
Understanding these aspects of pedestrian accident law in Indiana is essential for navigating the legal landscape and ensuring that victims receive the justice and compensation they deserve.
Common Causes of Pedestrian Accidents
Our lawyers work with victims and their families to fight for compensation after pedestrian accidents that are caused by:
- Distracted Driving
- Speeding
- Failure to Yield at Crosswalks
- Driving Under the Influence (DUI)
- Poor Visibility
- Jaywalking
- Left or Right Turns at Intersections
- Reversing Accidents
- Running Red Lights or Stop Signs
- Poor Road Conditions
The most common cause of pedestrian accidents is distracted driving. Drivers who are texting, talking on their phones, or otherwise not paying full attention to the road are more likely to hit pedestrians. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving is a leading factor in many types of traffic accidents, including those involving pedestrians.
Contact Our Terre Haute Pedestrian Injury Attorneys
If you or a loved one has been involved in a pedestrian accident, it’s crucial to seek experienced legal representation to protect your rights and secure the compensation you deserve. At Wagner Reese, our dedicated pedestrian injury attorneys are here to provide the personalized support and guidance you need during this challenging time.
With a proven track record in handling complex personal injury cases, we leverage comprehensive legal resources and expert witnesses to build a strong case on your behalf. Don’t navigate the legal complexities alone—let our skilled attorneys advocate for you, ensuring you receive fair compensation for medical expenses, lost wages, pain and suffering, and more.
Contact Wagner Reese today for a free consultation and take the first step toward justice and recovery. Your well-being is our top priority, and we fight tirelessly for your rights.
