Pedestrians face many dangers, particularly in urban high-traffic areas with unmarked crosswalks and on dark country roads. Pedestrians who are injured in an accident need to seek experienced legal counsel immediately. Getting injured in a car accident can result in head trauma, brain injury, spinal cord damage, and also, neck injuries. Serious and life-changing injuries are expensive to treat and can require care for a lifetime. Consult a well-versed LaPorte County pedestrian accident lawyer that can help.
Pedestrian Accident Causes
According to the Pedestrian and Bicycle Information Center, 24% of injured pedestrians were hurt by tripping on an uneven or cracked sidewalk. Usually, followed by 17% injured by tripping and falling, and 12 percent hit by a car, which happens thousands of times a year across the United States. As distracted driving becomes a greater issue, the risk for pedestrians increases.
The most serious injuries at intersections happen when motorists are turning left and watching on-coming traffic instead of the crosswalk. Many of these accidents happen because of a distracted or impaired driver.
Most pedestrians hit are 65 years or older and also, 14 years old and younger.
Negligence and the 51 Percent Rule
Pedestrian injury cases fall under personal injury law, which is based on negligence. The one way to define negligence is the failure to use the attention and caution that a prudent person would use in a similar situation.
Indiana adopted the modified comparative negligence form, which reduces the amount of damages claimed by the percentage of fault in causing an accident. If a party is more than 50 percent at fault, no damages can be claimed – the so-called 51 Percent Rule.
What Are Five Elements Needed to Prove Negligence After Pedestrian Accident?
La Porte County pedestrian accident law to prove negligence requires five elements.
- Duty of care. A person must legally behave toward other people and entities with the attention and also, caution that a reasonable person would use in a similar circumstance
- Breach. An act or omission violating duty of care
- Cause in fact. The breach caused the accident
- Proximate cause. A specific and foreseeable event resulted
- Lastly, damages. Financial loss happened
Common Allowable Damages
With the help of their La Porte County pedestrian accident lawyer, a pedestrian could claim damages that will place them in the financial situation that existed prior to the accident, and pay for the care received. Common damages include:
- Medical care, including x-rays and home care
- Therapeutic treatments and equipment
- Loss of present and also future income.
- Pain and suffering
- Loss of consortium
- Lastly, punitive, if the negligence act was egregious
How a La Porte County Pedestrian Accident Lawyer Can Help
An experienced LaPorte County pedestrian accident lawyer can provide a free consultation to review the facts of the injury and also, determine if it warrants legal action. The lawyer also will explain the applicable state law, as well as the legal process involved. After the consultation, there is no obligation to hire that La Porte County pedestrian accident attorney.
A LaPorte County pedestrian accident lawyer can push the pursuit of damages that you may have incurred by filing a lawsuit claiming damages. Your attorney can diligently compile all the records and receipts to prove each of the damages claimed. A skilled legal advocate can aggressively present the insurer with evidence to prove the case and also, win the damages claimed. Contact an attorney for a consultation today.