Drivers must maintain a safe distance from other vehicles, yield when required, and remain vigilant for pedestrians, especially at crosswalks. However, many drivers in our state disregard pedestrian safety, often causing preventable collisions with severe consequences.
If you were hurt recently while walking because a reckless or careless driver ran into you, you should make contacting a Portage pedestrian accident lawyer from the Law Offices of David W. Holub one of your top priorities. Our talented personal injury attorneys know exactly how devastating wrecks like this can be in financial, physical, and psychological terms, and once retained, we will work tirelessly to get you the restitution you need for the harm you should never have suffered.
Are Drivers Always Liable for Pedestrian Collisions?
It is reasonable to assume that drivers, being less likely to be injured in pedestrian accidents, are always legally at fault. However, a pedestrian seeking to hold a driver liable must prove by a preponderance of the evidence that the driver’s specific negligent action directly caused the injury.
Pedestrians may also be deemed partially responsible for their injuries if their own negligence contributed to the accident—for example, stepping into a crosswalk without a walk signal and being struck by a drunk driver. In such cases, a court may assign a percentage of comparative fault to the injured party and, under Indiana Code § 34-51-2-5, reduce their final compensation accordingly. A knowledgeable Portage pedestrian accident attorney can assess your case and advocate for your rights, ensuring you navigate comparative fault laws effectively.
Filing Suit Within Legal Time Limits
In addition to fighting allegations of comparative fault made by the driver who was truly to blame for your pedestrian crash in Portage, our lawyers could also help an injured pedestrian build and file a strong civil claim within the statute of limitations. In brief, this is a deadline set by state law on how long an injured person can wait to file a lawsuit after initially being hurt through someone else’s misconduct in order to keep the legal system moving efficiently and to make sure relevant evidence is still available by the time a claim potentially goes to court.
Under I.C. §51-11-2-4, the maximum amount of time that an injured person typically has to formally start a personal injury claim is two years from the date of their initial injury. However, there are some circumstances under which a slightly different deadline may apply, which a qualified legal professional can go into more detail about as needed during an initial consultation.
Contact a Portage Pedestrian Accident Attorney About Your Case
Pedestrian-involved traffic accidents are often severe or fatal for pedestrians, while negligent drivers frequently remain unharmed. However, legal action can be taken against the responsible driver, and experienced attorneys with a proven record of success are available to assist.
A conversation with a Portage pedestrian accident lawyer from the Law Offices of David W. Holub could give you answers to important questions and confidence about how best to pursue your unique claim. Call today to set up a meeting.