Walking the streets of an average Indiana city like Fort Wayne should be a safe experience. However, the reality is that thousands of pedestrian accidents happen annually across America, often due to negligence from motorists. These accidents can result in serious injuries or fatalities incurred not only through collisions with vehicles or cyclists but also due to hazards on ordinary sidewalks.
To understand the gravity of the situation, consider these statistics from the U.S. Centers for Disease Control and Prevention (CDC): In 2017 alone, nearly 6,000 pedestrians died from traffic-related incidents. On average, a pedestrian is killed every 88 minutes, and about 137,000 pedestrians require emergency treatment for nonfatal injuries yearly. Alcohol impairment plays a significant role in these accidents, and distractions such as cell phone usage can contribute to collisions.
The most vulnerable groups include older adults and young children, with those aged 65 and over accounting for approximately 20% of all pedestrian accident deaths. Moreover, urban areas record the highest rate of pedestrian accidents.
Children and the elderly are particularly vulnerable to these accidents because of issues such as:
- Children's behavior: Children may not behave predictably, necessitating extra caution from drivers.
- Elderly senses: Older adults may fail to recognize dangers promptly due to sensory limitations.
If you’ve been involved in a pedestrian accident in Fort Wayne or a nearby community, contact our Fort Wayne pedestrian accident attorney today at (260) 777-0844 to schedule a consultation.
In Indiana, understanding the principle of comparative fault is vital when dealing with pedestrian accident claims. This legal concept comes into play when the pedestrian is found to be partially responsible for the accident. For instance, a pedestrian might be distracted during the incident, but the motorist is primarily at fault.
Under Indiana's modified comparative fault law:
- If a pedestrian is deemed to be 50% or less at fault, they can still pursue damages. However, the total compensation received will be reduced proportionately based on the pedestrian's degree of fault.
- On the other hand, if pedestrians are found to be 51% or more at fault, they are prohibited from seeking compensation.
This law underscores the importance of accurate fault determination in pedestrian accident cases. It also highlights the need for effective legal representation to ensure a fair evaluation of circumstances and allocation of responsibility. An experienced attorney can guide victims through this complex process, helping them understand their rights and potential compensation under Indiana's comparative fault law.
Understanding the Causes and Implications of Pedestrian Accidents in Indiana
Pedestrian accidents in Indiana occur due to a variety of factors, often leading to severe injuries or fatalities. These incidents predominantly occur on city streets, usually busier than country roads. The victims of these accidents are frequently children and the elderly.
The common causes of such accidents include:
- Driver error: This encompasses speeding, distracted driving, and intoxicated driving.
- Pedestrian negligence involves situations where pedestrians are intoxicated or distracted while walking.
- Premises hazards pertain to physical obstructions like a broken sidewalk or tripping hazards.
Motorists' failure to adhere to traffic rules, such as respecting stop signs, speed limits, and crosswalk rights of way, often leads to pedestrian accidents. Even momentary distractions can result in serious accidents.
Considering these factors, it is critical to exercise caution and respect for traffic rules to ensure the safety of all pedestrians. It’s also important that accident victims seek legal advice early.
Pedestrian accidents can lead to a broad spectrum of injuries, varying from minor bruises to life-altering conditions. The nature and severity of these injuries largely depend on the circumstances surrounding the accident. Regardless of the extent of the injuries, victims may be entitled to file a claim against the party responsible for the accident.
Here are some of the most common injuries sustained in pedestrian accidents:
- Traumatic brain injuries (TBI): These can range from concussions to severe brain damage, potentially leading to long-term cognitive impairment.
- Bruises and contusions: While often minor, these can be painful and take time to heal.
- Bone fractures can occur in any part of the body, with recovery times varying based on the severity of the break.
- Lacerations, cuts, and scrapes can be superficial or deep, sometimes requiring stitches and leaving scars.
- Amputations: These severe injuries involve the loss of a limb, resulting in permanent disability.
- Spinal cord injuries: These can lead to partial or complete paralysis, significantly impacting a person's quality of life.
- Psychological trauma: Accidents can result in emotional distress, anxiety, depression, or post-traumatic stress disorder (PTSD).
The absence of a physical barrier between pedestrians and vehicles often results in devastating injuries during accidents. Victims need to seek immediate medical attention following an accident and consult with a legal professional to understand their rights and potential avenues for compensation.
An attorney will help victims navigate the complex process of securing compensation in the unfortunate event of an accident. At McKibben Law, LLC, we are committed to advocating for pedestrian safety and helping victims navigate the aftermath of these unfortunate events.
If you've been a victim of such an incident, an Indiana pedestrian accident attorney from our firm can guide you in seeking the compensation you deserve. Contact us today.
In Indiana, the statute of limitations on personal injury lawsuits is two years. This means that any claim for injuries sustained in a pedestrian accident must be filed within two years from the date of the incident. Failure to do so will result in losing the chance to have your case heard in court.
If you or a loved one has been involved in a pedestrian accident, it's crucial to consult with a seasoned Indiana pedestrian accident attorney. Our firm is equipped with extensive legal expertise to guide you through the claim process and help you seek the financial compensation you deserve.
Key reasons to engage our services include:
- Expertise: Our attorneys have a wealth of experience handling personal injury cases in Indiana.
- Advocacy: We firmly stand up against insurance companies and corporations, ensuring your rights are protected.
- Compassion: We understand the emotional toll of such incidents and offer empathetic, personalized support.
Remember, the sooner you act, the better your chances of securing rightful compensation. Don't let this challenging time overwhelm you.