At Team Green Law, we see countless pedestrian accidents, often resulting in serious injuries. Unfortunately, fatalities in these accidents are all too common. The Indiana University Public Policy Institute, which collects Indiana crash data, found that pedestrian accidents have been on the rise across the state, with over 2,000 pedestrian collisions in 2023 alone.
To Team Green Law’s compassionate lawyers, pedestrian victims and their families aren’t a statistic. They are people in need of kindness, understanding, and the highest quality legal care. If you or a family member has been involved in a pedestrian accident in Terre Haute, you need to know your legal options. A Team Green Law attorney can walk you through these options and your next steps, so you feel informed and confident in your case.
Having a Pedestrian Accident Lawyer Matters
A pedestrian accident is no fender bender: it’s a serious injury case with a complex personal injury claim, filed with many documents and a lengthy insurance negotiation. Pedestrian accident claims are complex, generally involving review of numerous medical documents, a thorough investigation and assessment of the scene, and more. You need a lawyer with a deep understanding of the unique injuries that victims suffer in these accidents and the long-term impacts these injuries have on their lives.
A pedestrian accident attorney will know the nuances of the process and how to pursue a successful claim. Our attorneys at Team Green Law are prepared to put in hours, no matter how many it takes, to build the strongest case and increase your chances of maximum compensation.
Why Do Pedestrian Accidents Happen?
Pedestrian accidents can happen for several reasons. The most common reasons we see in our firm for pedestrian accidents include:
- Drivers failing to yield to pedestrians
- Distracted drivers
- Drivers under the influence of alcohol or drugs
- Distracted pedestrians
- Pedestrians under the influence of drugs or alcohol
- Poor weather conditions are limiting driver or pedestrian visibility
- Poor roadway designs, pedestrian signage, or a lack of designated crosswalks
Pedestrians are required to yield to pedestrians, whether the pedestrians are crossing the street legally at designated crosswalks or illegally elsewhere. Drivers who find a pedestrian in their path should not only do everything in their power to avoid hitting the pedestrian, but also warn the pedestrian by honking their horn.
Who Can File a Claim After a Pedestrian Accident and What Type of Claim Can Be Filed?
If you or a family member has been hit by a vehicle in Terre Haute, knowing who can bring a claim and what type of claim can be filed is essential to protecting your rights. Indiana law provides victims and survivors several options depending on who was hurt and the outcome of the accident. For example, injured pedestrians can file different claims than the families of those whose family member passed away as a result of the accident.
Injured Pedestrians
If you are a pedestrian who was hit by a car, truck, or other vehicle while walking, you could have the right to file a personal injury claim against the at-fault driver. Often, these claims are based on negligence, meaning the driver failed to act with reasonable care. Not acting with reasonable care can mean failing to yield in a crosswalk, speeding, or texting while driving.
Parents of Injured Children
When the victim is under 18, a parent or legal guardian can bring a claim on the child’s behalf. Indiana law allows families to recover damages for the child’s injuries and future medical needs. These claims work a bit differently because any settlement must be approved by the court to ensure it serves the child’s best interest (adults’ claims do not need court approval).
Families of Deceased Pedestrians
If a pedestrian accident results in the death of a loved one, Indiana’s Wrongful Death Statute gives certain family members the right to file a claim. Families, generally the parents, of a deceased child are entitled to file for damages under a different Indiana Law, the Child Wrongful Death Act. Eligibility to file a claim under this law isn’t intuitive. For example, the child doesn’t have to be a minor; they can be a child under 20 or 23, depending on the situation. If you’re a parent in this situation, your pedestrian accident or wrongful death lawyer can provide guidance on whether this is a viable claim for you to pursue.
The type of damages a family can recover in these cases is similar. They may include:
- Funeral costs
- Medical expenses
- Compensation for the emotional loss
- Compensation for lost financial support (for example, the decedent’s earnings)
Who Can I Bring a Claim Against?
There are a variety of parties you may be able to file a claim against, more than just the driver. These parties can include:
- A negligent driver
- A company or employer, if the vehicle was being used for business
- A government entity, if the vehicle was publicly owned or operated
- A manufacturer or maintenance provider if a mechanical failure contributed to the crash
Each type of defendant involves different procedures and time limits. Cases against the government have a whole other set of rules and timelines.
How Long Do I Have to File a Claim?
You have two years from the date of the pedestrian accident to file a personal injury claim. Wrongful death claims also have a statute of limitations of two years, but the clock starts from the date of death. As mentioned above, government claims differ: they have shorter statutes of limitations.
Why Team Green Law?
Our attorneys are well-versed in pedestrian accident cases. We understand the complexities, the logistics, and the physical and emotional toll this accident has taken on you and your family.
Team Green Law is local to the Terre Haute area. An important aspect of being Terre Haute locals is that we are familiar with negotiating similar claims in your area and navigating your court system. We have also worked with expert witnesses in the area who can provide clarity on your injuries, how the accident occurred, and more. Such experts can bolster your case.
Being knowledgeable about what insurance settlements look like in our area means we can provide you with our honest opinion on realistic compensation in your case. Your Terre Haute pedestrian accident attorney can utilize this information to negotiate the best compensation possible.
If insurance companies aren’t willing to give you the compensation you deserve, we are prepared to bring your case to court. We’ve likely represented other clients before the judge assigned to your case. Familiarity with judges helps us understand their preferences for court procedures and how they tend to rule in cases like yours. With this knowledge, we can provide clarity on what to expect as your case progresses through the legal system.
Contact a Skilled Terre Haute Pedestrian Accident Lawyer at Team Green Law
After your pedestrian accident or the accident of a family member, we are here to support you, emotionally and legally. Our goals are for you to feel comfortable, have as little stress as possible, and secure the compensation you deserve. To learn more about how we can help you and your family, reach out to Team Green Law to schedule your free case review.
