If you were hit as a pedestrian in Indiana, you might be able to recover damages from the driver of the vehicle. If the driver is determined to be at fault, his auto insurance should cover your damages. In some cases, the pedestrian might be partially at fault because of failure to yield the right of way to the driver of the vehicle. Crosswalks should also be used.
When law enforcement arrives on the scene and completes the accident report, an investigation will be conducted to determine what went wrong, who was at fault, and how the crash could have been avoided.
How Negligence Comes Into Play When a Pedestrian is Hit in Indiana
When a pedestrian is hit in Indiana, the accident could most likely have been prevented. Negligence usually contributes to such accidents. Driving while intoxicated, speeding, ignoring traffic signals, and failure to yield the right of way are some negligent acts that can take place behind the wheel. If you can prove the driver was negligent, you have a strong personal injury claim to recoup compensation for your damages.
Indiana uses modified comparative negligence, which means that as long as you are no more than 51% at fault for the accident, you can still recover damages from the other driver. So, even if you did cross outside the crosswalk, but the driver was speeding and distracted, you still might have a claim.
Damages That Might Result In Being Hit As A Pedestrian in Indiana
If you are hit as a pedestrian, you are going to suffer some serious injuries. You do not have protection, so you will come directly into contact with the metal parts of the vehicle. You will then most likely come into contact with the pavement or gravel roadway. Pedestrian accidents cause broken bones, spinal injuries, traumatic brain injuries, back injuries, neck injuries, lacerations, abrasions, and soft tissue injuries.
You will have medical expenses, lost wages, pain and suffering, mental trauma, loss of consortium, loss of enjoyment of life, permanent disfigurement, scarring, and permanent disabilities. Consider how the damages will impact you in the future, such as future loss of earnings and future medical bills. You can only file one claim for damages, so include everything at once.
Consult With An Indiana Personal Injury Lawyer
If you have been involved in a pedestrian-motor vehicle accident in Indiana, you should consult with a personal injury lawyer about pursuing a personal injury claim. With the help of an attorney, you can build a strong case against the driver of the vehicle and determine that the accident was indeed his or her fault.
Your lawyer will gather up all the evidence and documentation to support your claim so you can prove the driver is indeed liable for your damages. Your auto accident injury lawyer will not be paid until you get compensated for your damages, so you have nothing to lose. Schedule a free case evaluation right away to get your claim started.
