Pedestrian Accident Lawyer Valparaiso IN
Pedestrian accidents are far more common than they should be in Valparaiso and often put motorists and passengers alike at risk of serious injuries. Pedestrians are particularly vulnerable because they lack the physical protection that vehicles provide.
Combined with distracted driving and poor road design, there are significant hazards for pedestrians on both busy streets and quieter residential roads. If you suffered a motor vehicle accident injury, your top-rated pedestrian accident lawyer in Valparaiso, from Theodoros & Rooth, P.C., has over 100 years of combined experience. Our pedestrian accident lawyer in Valparaiso, IN can help you explore your legal options when you contact us to request a free consultation.
Take These Steps After a Pedestrian Accident in Valparaiso
1. Seek Immediate Medical Attention
Seeking prompt medical care after a pedestrian accident is critical, even if your injuries seem minor. Some injuries, such as internal bleeding or concussions, may not present symptoms right away but can become serious if left untreated. Medical records from your initial evaluation also serve as important evidence to connect your catastrophic injury to the accident.
2. Gather Evidence at the Scene
Collecting evidence at the scene of the accident is an important step in building a strong claim. Take photos or videos of the accident site, your injuries, and any property damage. Be sure to gather contact information from witnesses to the collision.
3. Report the Accident
Notify law enforcement immediately after the accident and provide a detailed account of what happened. Request a copy of the police report, as it often includes key details about the crash, such as the driver’s behavior or witness statements.
4. Contact a Pedestrian Accident Lawyer
Legal representation is especially important when dealing with insurance companies that may attempt to undervalue your claim. Our team with Theodoros & Rooth, P.C. will evaluate the details of your accident, gather compelling supporting evidence, and handle insurance negotiations on your behalf so you can focus on your recovery.
Common Causes of Valparaiso IN Pedestrian Accidents
Pedestrian accidents often occur due to a combination of driver negligence and dangerous roadways. Drivers who fail to pay attention to their surroundings or act recklessly create dangerous situations for pedestrians crossing the street, walking along sidewalks, or standing at intersections. Some of the most common causes of pedestrian accidents include:
- Distracted driving
- Speeding
- Failure to yield
- Poor lighting
- Drunk driving
Pedestrian accidents are a serious concern throughout Indiana, including Valparaiso. In fact, according to the Indiana Criminal Justice Institute, there were 98 reported pedestrian accident fatalities across the state in 2023. If you suffered injuries in a pedestrian accident, our pedestrian accident attorneys can investigate to determine how the collision occurred and who should be held responsible so you can recoup the compensation you need to rebuild your life.
Injuries Commonly Seen in Pedestrian Accidents
Pedestrian accidents often leave victims with significant physical, emotional, and financial challenges. These injuries can range from broken bones to life-altering conditions that require long-term medical care and rehabilitation. If you suffered injuries in a collision, your pedestrian accident lawyer can help you seek compensation for your losses.
Traumatic Brain Injuries (TBIs)
Traumatic brain injuries (TBIs) are a common result of pedestrian accidents, often caused by a direct blow to the head or the force of impact from a vehicle. TBIs can range in severity from concussions to severe brain damage, with symptoms including memory loss, confusion, headaches, and difficulty concentrating.
These injuries can lead to long-term physical and cognitive impairments, making it difficult for victims to return to their normal routines. In severe cases, TBIs may require surgery, ongoing rehabilitation, or assistive devices to manage daily tasks, according to the Mayo Clinic. Emotional and psychological effects, such as depression or anxiety, are also common after a TBI.
Spinal Cord Injuries
Spinal cord injuries are among the most severe outcomes of pedestrian accidents, often resulting from the force of a vehicle striking the body. These injuries can lead to partial or complete paralysis, depending on the location and severity of the damage to the spinal cord. Victims may experience chronic pain, reduced mobility, or a loss of sensation below the injury site.
The long-term effects of spinal cord injuries often require extensive medical care, including physical therapy, assistive devices, or home modifications to accommodate mobility challenges. These injuries can also lead to emotional distress and financial strain due to the costs of treatment and lost earning potential.
Broken and Fractured Bones
Broken bones and fractures are common injuries in pedestrian accidents, often caused by the direct impact of a vehicle or the victim falling to the ground. The severity of these injuries can vary, ranging from simple fractures that heal with time to complex breaks requiring surgery and rehabilitation.
Emotional and Psychological Trauma
Emotional and psychological trauma often accompanies the physical injuries sustained in pedestrian accidents. Victims may develop post-traumatic stress disorder (PTSD), characterized by recurring flashbacks, nightmares, and heightened anxiety. These conditions can make it difficult to return to daily activities, especially in environments that remind you of the accident.
In addition to PTSD, victims often experience anxiety, depression, and a reduced sense of safety, which can interfere with personal relationships and overall well-being. Emotional injuries may require therapy or counseling to address their impact, adding to the financial burden of recovery. Our pedestrian accident lawyers understand the importance of including emotional and psychological trauma in your claim to ensure you are compensated for the full value of your suffering.
Your Pedestrian Accident Attorney Near Me Establishes Liability
Proving fault is essential in determining who should be held accountable for a pedestrian accident. Liability can involve multiple parties, including drivers, property owners, or even employers, depending on the circumstances of the collision.
Negligent Drivers
Negligent drivers are one of the leading causes of pedestrian accidents. Distracted driving, such as texting or eating behind the wheel, often diverts drivers’ attention away from pedestrians in crosswalks or along sidewalks. Speeding is another common factor, as it reduces reaction time and increases the severity of injuries in a collision.
Driving under the influence of alcohol or drugs is another dangerous behavior that frequently leads to pedestrian accidents. Impaired drivers have slower reaction times and diminished judgment, making it more difficult for them to avoid hitting pedestrians. In these cases, the negligent driver is typically held liable for the accident and the resulting damages.
Poorly Maintained Roads or Sidewalks
Poorly maintained roads or sidewalks can also contribute to pedestrian accidents. Hazards such as cracked pavement, uneven sidewalks, or poorly lit streets create dangerous conditions for those on foot. When these conditions lead to accidents, local municipalities or property owners may be held responsible for failing to address or repair the unsafe conditions.
Third-Party Liability
In some cases, third parties may share responsibility for a pedestrian accident. Employers can also be held accountable for your damages if their workers cause accidents while on the job, such as delivery or rideshare drivers. Vehicle manufacturers may also be liable if a defect, such as brake failure, contributed to the collision. Our team will evaluate all potential sources of liability to ensure that every responsible party is held accountable for their role in the accident.
Recovering Compensation After a Pedestrian Accident
If you suffered injuries in a pedestrian accident, you have the right to seek maximum compensation for the physical, emotional, and financial losses you have endured. If you hope to cover your immediate expenses and the long-term effects of your injuries, working with a pedestrian accident lawyer near me may be in your best interests. Here are some of the most common types of damages awarded in pedestrian accident lawsuits and insurance claims:
Economic Damages
Economic damages cover the tangible financial losses you experienced as a result of your pedestrian accident. These damages are calculated based on actual costs, including past and future expenses related to your injuries. Examples of economic damages include:
- Healthcare expenses
- Reduced earning potential
- Lost wages
- Loss of employee benefits
- Future medical bills
- Property damage
Non-Economic Damages
Non-economic damages address the intangible losses that affect your quality of life after a pedestrian accident. These damages are designed to compensate you for the emotional and physical hardships caused by your injuries. Although they do not have a direct monetary value, non-economic damages often account for a significant portion of your overall compensation. Examples of non-economic damages include:
- Pain and suffering
- Embarrassment and shame
- Emotional distress
- Mental anguish
- Loss of consortium
- Loss of enjoyment of life
- Reputational damages
- Feelings of anticipation, fear, or shock
Punitive Damages
Punitive damages may be awarded in pedestrian accident cases where the at-fault party’s actions were especially reckless or malicious. Unlike economic and non-economic damages, punitive damages are not intended to compensate you for your losses. Under Indiana Code § 34-51-3, punitive damages may apply in cases involving drunk driving, intentional harm, or other egregious behavior.
These damages are awarded at the court’s discretion and require clear and convincing evidence of the defendant’s misconduct. Pursuing punitive damages can not only ensure the at-fault party is held accountable for their actions but also provide additional financial relief when you need it most.
Valparaiso Pedestrian Accident FAQ
Pedestrian accidents often leave victims with questions about their rights and how to recover compensation. Understanding Indiana’s laws and the claims process can help you feel more prepared to move forward. Below are answers to some of the most common questions pedestrian accident victims ask.
What is Indiana’s statute of limitations for pedestrian accident claims?
In Indiana, the statute of limitations for filing a personal injury claim after a pedestrian accident is typically two years from the date of the accident, as outlined in Indiana Code § 34-11-2-4. This means you must file your claim within this timeframe, or you may lose your right to seek compensation. Acting quickly also allows for more effective evidence collection, which can help support your case.
Can I still file a claim if I was partially at fault?
Yes, Indiana is a modified comparative fault state, which means you can still recover compensation if you were partially responsible for causing the wreck, but only you were not more than 50% responsible for the accident under Indiana Code § 34-51-2. However, your compensation will reflect a partial fault deduction. For instance, if you carry 15% of the fault, your total award will be reduced by 15%.
How is compensation for non-economic losses calculated in pedestrian accident claims?
Compensation for non-economic damages in pedestrian accident claims is often determined using the per diem method or the multiplier method. The per diem method assigns a daily monetary value to your pain and suffering, which is then multiplied by the number of days it takes you to recover from your injuries. Conversely, the multiplier method calculates pain and suffering by multiplying your total economic damages, such as medical expenses and lost wages, by a number typically ranging from 1.5 to 5, based on the severity of your injuries.
Should I accept a settlement offer from the insurance company?
It is important to be cautious when negotiating a settlement offer from an insurance company. Initial offers are often lower than the true value of your claim and may not cover all your damages. Before accepting a settlement, you should review the offer carefully with our legal team to determine whether the offer is both fair and reasonable.
What if the driver who hit me was uninsured?
If the driver who hit you was uninsured, you may have grounds for a claim through your personal uninsured motorist policy. According to the Indiana Department of Insurance, uninsured motorist coverage can be rejected in Indiana but can provide critical financial relief in these situations. Without this coverage, recovering compensation may require pursuing a personal injury lawsuit against the at-fault driver.
Contact a Valparaiso Pedestrian Accident Lawyer Today
When your life has been turned upside down by the pedestrian accident injuries you sustained, and you are unsure of what your next steps should be, do not hesitate. Reach out to a leading Valparaiso, IN pedestrian accident attorney from Theodoros & Rooth, P.C. to request your free, no-obligation consultation. You can reach us through our quick contact form or by phone to get started on your case as soon as today.