Just like bicyclists and motorcyclists, pedestrians are at much higher risk of getting seriously injured through traffic collisions compared to anyone inside an enclosed motor vehicle. However, it can be difficult to hold a negligent driver liable for their actions through private settlement negotiations, let alone a trial in civil court.
Fortunately, you have support available from the seasoned personal injury attorneys at The Law Offices of David W. Holub throughout every stage of your unique claim. A Crown Point pedestrian accident lawyer could help you build a strong and evidence-supported case against the person who struck you, ensuring you get the compensation you deserve.
Are Drivers Always at Fault for Pedestrian Collisions?
Every licensed driver in the Hoosier State has the same “duty of care” requiring them to act lawfully and responsibly at all times while driving on public roads. If a driver strikes and injures a pedestrian as a direct result of a breach of that duty—like speeding, driving drunk, or not paying attention—they can be held civilly liable for damages sustained by that pedestrian.
That said, pedestrians also have a duty to act responsibly around motor vehicles by looking for oncoming traffic before stepping into active roadways, waiting for signals before entering crosswalks, and staying on sidewalks whenever possible. A pedestrian who fails to fulfill their own duty of care prior to a pedestrian collision in Crown Point may wind up missing out on much-needed compensation. This is due to Indiana’s law of comparative fault, which states that if the person seeking compensation is more than 50 percent responsible for the accident, they do not qualify for financial restitution.
Seeking Restitution for Short-Term and Long-Term Losses
While civil restitution cannot always erase every negative effect of a pedestrian accident, it can still do a lot to reduce the long-term impact of specific economic and non-economic forms of harm like:
- Physical pain and suffering
- Lost overall enjoyment of life
- Personal property damage/loss
- Mental anguish and psychological trauma
- Lost working capacity and/or work income
- Disability-related expenses for things like home/vehicle modifications and assistive equipment
- Emergency medical expenses and costs of future rehabilitative/maintenance care
Less commonly, if there is clear and convincing evidence that a driver intentionally tried to harm a passenger or was otherwise egregiously negligent, a court may also impose punitive damages against them to be awarded as additional compensation. As a pedestrian injury lawyer in Crown Point could explain, awarding punitive damages is fairly rare, and the court cannot legally award more than $50,000 or three times the value of all other damages—whichever is greater.
Talk to a Crown Point Pedestrian Accident Attorney About Legal Options
Pedestrians deserve to be safe and respected while they are near or lawfully crossing active roadways. However, not every driver acts as safely and respectfully around pedestrians as they should, and their misconduct can sometimes have long-lasting and debilitating repercussions.
If you have been hurt in this sort of incident and want to enforce your right to seek civil recovery, you have support available from a compassionate Crown Point pedestrian accident lawyer. Schedule an initial consultation by calling the Law Offices of David W. Holub today.