If a car strikes you when you walk down the street, you may suffer serious injuries. A pedestrian accident may lead to expensive medical bills, hospital treatment, and lost wages. In these situations, accident victims’ financial harm only worsens the physical and emotional harm they have suffered. Thankfully, Indiana law allows pedestrian accident victims to bring a personal injury lawsuit for negligence against the responsible driver. A personal injury lawsuit can help provide closure and ease the financial burden of a serious pedestrian accident.
For example, as a recent news article tragically reported, a man lost his life in a Gary, Indiana pedestrian accident. The pedestrian was walking on I-80 when two vehicles struck him. Both drivers stopped at the scene. Police arrested one driver for operating a vehicle under the influence (OWI).
What Are the Causes of Pedestrian Accidents?
There are multiple possible explanations for a serious pedestrian accident. For example, a driver may be operating their vehicle under the influence. People who consume alcohol before driving lack the concentration and reflexes necessary to avoid crashing into another person or vehicle. Even if drivers are not under the influence of alcohol, they may hit a pedestrian if they are distracted. Drivers who attempt to “multitask” may lose control of their vehicles or fail to brake before striking a pedestrian. Additionally, a driver may fail to obey traffic signals indicating that a pedestrian has the right-of-way. On the other hand, an accident could result if the pedestrian does not obey traffic signals giving a vehicle the right-of-way. Drivers and pedestrians alike should stay focused and follow all traffic signs to avoid a pedestrian accident.
Can You Sue a Negligent Driver for an Indiana Pedestrian Accident?
Indiana law allows an injured pedestrian to sue the responsible driver for negligence. Under Indiana’s statute of limitations laws, the pedestrian must bring a personal injury suit within two years of the accident or injury. To prevail on a negligence claim, the plaintiff must prove four key points: duty, breach, causation, and damages. Specifically, the plaintiff has to show the defendant owed them a duty of care, breached that duty through their negligent behavior, caused the pedestrian accident, and that the plaintiff suffered harm. The standard of proof in a personal injury suit for negligence is “the preponderance of the evidence.” Under this standard, the plaintiff must show it is more likely than not that the defendant’s negligence caused the plaintiff’s harm. An experienced Indiana personal injury attorney can help gather evidence to make a strong case for damages under a negligence claim.
Have You Been Injured in an Indiana Pedestrian Accident?
If you or a loved one has suffered injuries in an Indiana pedestrian accident, you may have a claim for relief. Experienced personal injury Burton A. Padove has years of experience representing clients in Indiana negligence lawsuits, including pedestrian accidents, auto and trucking accidents, motorcycle accidents, and other practice areas. Mr. Padove will vigorously represent you in court and fight for the compensation you need and deserve. To schedule a free consultation, call our office today at 877-446-5294.