A pedestrian accident in South Bend can cause pain and emotional distress, along with significant financial stress. With decades of legal experience, a South Bend pedestrian accident lawyer from our law firm will provide the legal representation you need to secure the fair compensation you deserve, allowing you to focus on healing. Call us for a free case review.
What Indiana Laws Protect Pedestrian Safety?
According to the Indiana Criminal Justice Institute, drivers must yield to pedestrians in both marked and unmarked crosswalks. Pedestrians must obey traffic signals and use sidewalks or crosswalks when available. If there is no sidewalk, you must walk facing oncoming traffic. Drivers have a duty to exercise due care and be particularly cautious around school zones and vulnerable pedestrians.
Do I Need an Attorney for an Indiana Pedestrian Accident?
Yes, if a pedestrian’s physical injuries were caused by someone else’s negligence, pedestrian accident victims can take legal action. A South Bend personal injury attorney can gather evidence (such as records of medical care, eyewitness statements, surveillance footage, and other evidence), consult with experts, identify negligent parties, and negotiate with auto insurance companies. Most cases are resolved through settlement offers during negotiations. If yours isn’t, your South Bend injury lawyers, backed by extensive trial experience, can file a lawsuit in court to pursue full compensation.
Common Causes of South Bend Pedestrian Accidents
Types of driver negligence include distracted driving (such as cell phone use), not paying attention to traffic signals, failure to yield the right-of-way, exceeding speed limits, reckless driving, driving under the influence of alcohol or drugs, and hit-and-run incidents. Other contributing factors can include malfunctioning traffic signals and poor visibility due to bad weather.
Serious pedestrian accidents can result in multiple injuries. Common pedestrian injuries include severe lacerations, internal bleeding, traumatic brain injuries, head trauma, broken bones, spinal cord injuries, and emotional trauma (such as post-traumatic stress disorder).
What to Do When Pedestrian Accidents Occur in South Bend
When pedestrian-car accidents happen, follow these steps:
- Stay at the accident scene until the responding officer arrives.
- Seek medical attention and keep all records of your medical treatment.
- Call 911 to report the incident. Obtain a copy of the police report.
- Don’t admit fault or post about the accident on social media.
- Obtain the driver’s contact info and insurance company information.
- Contact us to discuss how a pedestrian accident claim can protect your legal rights.
Who Is Liable for Pedestrian Crashes in South Bend?
In pedestrian accident cases, the driver is typically held responsible for the injuries sustained by the pedestrian due to their negligence. Drivers may be at fault for failing to yield, driving distracted, or speeding. Pedestrians can share responsibility if they act recklessly, such as crossing outside crosswalks or stepping into traffic. Government agencies or private property owners could share blame if they failed to maintain safe conditions and those conditions caused the accident.
Indiana’s comparative negligence laws (Indiana Code § 34‑51‑2) allow you to recover damages if you’re partially at fault, provided your fault is 50% or less. Compensation decreases by your fault percentage, but no recovery is allowed if you’re 51% or more at fault.
Can an Injured Person Recover Compensation for a South Bend Pedestrian Accident?
Injured pedestrians can seek compensation for serious and catastrophic injuries caused by other parties’ negligence. Settlements can include medical bills (hospital, doctor, and physical therapy costs), lost wages, pain and suffering, and punitive damages in extreme cases. When devastating injuries lead to pedestrian fatalities, eligible family members can file wrongful death claims.
How Much Is My South Bend Pedestrian Accident Case Worth?
An experienced South Bend attorney from our legal team assesses the worth of a serious accident case by examining economic damages and non-economic losses like the severity of injuries, medical expenses, and lost income.
How Much Time Do I Have to File a Pedestrian Accident Lawsuit?
According to the Indiana Office of Court Services, the statute of limitations for personal injury cases in Indiana is typically two years from the accident date. There may be some exceptions to this time limit, so act quickly to protect your legal claim.
Contact Our Pedestrian Accident Lawyers Today
If you or a loved one suffered serious injuries in a pedestrian accident caused by a negligent driver, contact our South Bend pedestrian accident lawyers. Our law office has a strong track record of helping injury victims across the Midwest, and we can help you with financial recovery.
Free Initial Consultation
Our law firm offers a free consultation to review your pedestrian-motor vehicle case, explain Indiana’s legal process, and answer your questions. Additionally, the South Bend personal injury lawyers in our firm work on a contingency fee basis, so you don’t pay attorney fees unless we win your case.
(312) 223-1700