Licensed drivers in our state should always exercise caution, consideration, and compliance with traffic laws, especially near pedestrians and crosswalks. However, pedestrian collisions occur frequently, often due to a driver’s reckless or negligent actions, leaving the pedestrian with life-altering injuries while the driver remains unharmed.
Civil recovery may not fully compensate for every consequence of such an accident, but pursuing fair restitution with a skilled Munster pedestrian accident lawyer is essential for protecting your long-term interests. If a negligent driver struck and injured you while walking, contact the experienced personal injury attorneys at the Law Offices of David W. Holub to explore your options for civil recovery.
How Fault Works in Pedestrian Crash Claims
Like all civil claims involving automobile accidents, establishing liability for a pedestrian collision requires proving the driver was legally negligent. This means demonstrating that a specific reckless, careless, or illegal act directly caused the driver to strike a pedestrian and that the collision likely would not have occurred without that misconduct.
That said, pedestrians are not always blameless in situations like this, and if a court finds that a pedestrian contributed to causing their own accident through negligent behavior, Indiana Code §34-51-2-5 allows that court to reduce the amount of civil compensation available to that pedestrian in proportion to their share of comparative fault for their injuries. Furthermore, I.C. §34-51-2-6 prohibits all civil recovery whatsoever by anyone who holds a majority of the total fault for their own injuries—a case outcome which a skilled Munster pedestrian accident attorney could provide vital help with avoiding.
What Deadlines Apply to Pedestrian Injury Claims?
Legal counsel could help an injured pedestrian build a strong claim and file it within the required deadlines. Under I.C. §34-11-2-4, the statute of limitations for filing a lawsuit over injuries from a pedestrian collision is typically two years from the date of the incident.
However, certain circumstances may toll the two-year filing period. For example, if a negligent driver leaves Indiana before the injured pedestrian can file a lawsuit, the law may extend the deadline. A qualified lawyer can assess the applicable time limits for a pedestrian injury claim in Munster during a private consultation.
Speak With a Munster Attorney About Your Pedestrian Accident Case Today
Drivers often fail to see pedestrians or neglect to look for them at all. In either case, the result can be the same—a traffic accident that inflicts life-altering or even life-threatening injuries on someone who did nothing wrong and had no reason to expect such harm from another’s carelessness.
Fortunately, you have support available from a dedicated Munster pedestrian accident lawyer who will work tirelessly to get you paid fairly for your damages. Contact us today to discuss your legal options.