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December 8, 2019

Indianapolis Pedestrian Accident Lawyer

Few injuries are worse than those that occur when a pedestrian is struck by a moving motor vehicle. If you have been hit by a vehicle and aren’t sure what you should do to get your costs covered, reach out to an Indianapolis pedestrian injury lawyer.

It’s unfortunate, but many drivers simply don’t pay attention to pedestrians crossing the street, even when the walker is using the designated crosswalk to do so. Injuries can be as basic as a few broken bones or as devastating as a traumatic brain injury—or even fatal. In any case, it’s likely that a pedestrian who is struck by a vehicle is in for a lengthy and difficult recovery process.

With the assistance of your Indianapolis pedestrian accident lawyer at Kooi Law, you’ll learn the true value of your claim, and we’ll investigate the cause of the crash to determine who should be liable for your many damages. Working with us can help ensure you are taken care of in your time of need.

Who’s to Blame When a Vehicle Hits a Walker?

Most frequently, driver error is the cause of such accidents. The motorist could have been operating the vehicle under the influence, driving aggressively, or engaging in distracted driving. Any of these instances is extremely dangerous for pedestrians crossing the road, even when using a marked crosswalk that is meant as a sign for drivers to allow pedestrians the right-of-way.

Occasionally, the driver tries to stop the vehicle in time, but the vehicle malfunctions, not allowing it to stop and causing it to strike the pedestrian. If this is the case in your Indianapolis pedestrian accident, we will first examine the vehicle itself and determine whether a faulty or malfunctioning part had been installed. If so, we would consider the parts manufacturer or vehicle technician to be at fault.

The person or company we identify as the at-fault party will be who we name in your claim for compensation.

Negotiations with the Negligent Party

Negligence laws in Indiana are based on what’s known as modified comparative negligence. Even if you are found to be partially at fault for your pedestrian accident—for instance, if you were not using the designated crosswalk when you were struck—you are still able to seek compensation for your losses from the other liable party.

You can be found up to 50 percent at fault and still recover damages, but once your percentage of blame hits 51 percent, you will no longer be able to recover personal injury compensation. Once you are awarded an amount, you can expect that award to be reduced by the percentage of blame you hold.

If you find yourself negotiating with the at-fault driver’s insurance company, you should expect the insurer to do whatever it can to make it seem as though you hold the maximum level of blame so he company is able to minimize the amount it will be required to settle for. Fortunately, a pedestrian accident lawyer in Indianapolis can make sure no undeserved blame is laid at your feet.

What Damages Can You Expect to Recover?

Ultimately, the hope is that we are able to get the negligent party to cover all expenses that stem from your injuries. One of the most important expenses will have to do with your medical care, considering how expensive treatment can be.

We will also seek compensation for non-economic damages, such as the loss of consortium, pain and suffering, mental anguish, loss of enjoyment of life, and, potentially, the effects of disfigurement. That’s in addition to the losses that hold a monetary value, such as lost wages and damage to your future earning potential if you will be unable to return to your job.

Although it’s rare, it’s possible that the court will award you punitive damages in addition to your compensatory damages if the behavior of the liable party was intentional or egregious in nature. Punitive damages are meant as a form of punishment against the wrongdoer, as well as to make an example of him or her in the hope of discouraging the same behaviors from affecting future victims.

Call an Indianapolis Pedestrian Accident Attorney

If you would like more information about how to file a personal injury claim after you’ve been injured as a pedestrian, reach out to the experienced legal team at Kooi Law today.

We can help you fight for your right to full compensation. Fill out the contact form at the bottom of this page or reach us via telephone at (317) 569-1335 to schedule your no-cost claim evaluation with an Indianapolis pedestrian accident lawyer.

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