Pedestrians in Muncie are legally required to take steps to protect themselves from harm. That said, no pedestrian can entirely protect themselves from a negligent bus driver, motorcyclist, or private motorist. If you were injured in a pedestrian accident that you know stemmed from someone else’s negligence, you can bring your losses to an attorney’s attention.
Vaughan & Vaughan’s experienced Muncie personal injury lawyers have helped residents recover from dangerous pedestrian accidents for decades. If you want damages to help pay for your recovery, you can come to our team for help. We can negotiate for support on your behalf or bring your case to a judge’s attention, all while prioritizing your right to recovery.
Taking Action After a Pedestrian Accident
Indiana Code section 34-11-2-4 outlines Indiana’s personal injury statute of limitations. This statute of limitations dictates how much time you have after an accident to investigate your losses and present a relevant claim to Indiana’s civil courts. If you fail to bring a complaint forward within this time frame, you may lose your right to compensation.
This statute of limitations specifically caps your right to civil action at two years. That means you have until the second anniversary of your pedestrian accident to bring your claim forward.
If you’re contending with injuries that limit your mobility or that might otherwise impede your investigation, don’t panic. Our pedestrian accident attorneys in Muncie can initiate an investigation on your behalf.
What to Include in a Pedestrian Accident Claim
You know what deadline you have to file your Indiana pedestrian accident claim by. What information does that claim need to include?
Your pedestrian accident claim needs to specifically declare that:
- You have evidence that another party engaged in roadway negligence
- Said negligence violated the duty of care that the liable party owed you
- You suffered economic losses due to the liable party’s negligence
- You have evidence to establish that negligence as well as the economic value of your accident’s losses
You can work with our team to elaborate on:
Your Desired Damages
Personal injury claims primarily help you secure financial support in the wake of negligence-based accidents. The question, however, is what the sum total of your possible damages may be. No two pedestrian accidents produce the same losses. As such, there’s no such thing as an average pedestrian accident settlement amount.
When we calculate the total value of your pedestrian accident claim, we take a range of your losses into account. First, we look at your economic losses. These losses generate bills and can include:
- Medical expenses, including at-the-scene care and ambulance services
- Wages lost throughout your recovery as reflected in your paycheck
- Property damage, replacement, and/or restoration
Once we establish the sum of your economic losses, we can modify that sum to account for your pedestrian accident’s non-economic losses. Your non-economic losses do not generate bills. Instead, we refer to state precedents to determine their impact on the damages you deserve in the face of someone else’s negligence.
The non-economic damages you may deserve can include:
- Mental anguish
- Emotional distress
- Pain and suffering
- Wrongful death, if applicable
Evidence of Pedestrian Accident Liability
Before you can secure the damages you deserve for a pedestrian accident, you need to determine who you want to hold liable for your losses. Liability in Muncie’s pedestrian accident cases hinges on what evidence of negligence you can make available to a judge and jury. The evidence that can help build your case can include:
- Input from witnesses who saw your accident take place
- Social media posts detailing your accident
- Video footage of the accident
- Photos of the damage that resulted from the accident
- Input from expert witnesses, including medical professionals and accident recreationists
It’s important to consider what evidence of negligence you can bring forward in your claim before you name a particular party liable for your losses. For example, while you may think that a motorist bears the blame for your losses, physical debris at the scene may place the blame for your accident on a bicyclist, construction crew, or even fellow pedestrian.
It’s our job, as your pedestrian accident attorney, to make sense of the evidence we find and use that data to defend your right to comprehensive financial support.
What to Do After Filing Your Pedestrian Accident Claim
Once you’ve gathered your evidence and established the value of your pedestrian accident claim, you must submit said claim to Muncie’s civil court. The court can then take weeks or months to consider the position you present in your claim.
Should your pedestrian accident claim move forward, you have decisions to make. You have the right to summon the party liable for your losses. Do you want to summon that party to private settlement negotiations or a trial, though? Neither option is better than the other. Instead, each has its pros and cons.
For example, you can resolve pedestrian accident settlement negotiations within weeks. However, a liable party may not agree to meet with you or accept blame for your losses. It may comparatively take months to resolve a pedestrian accident trial, but you allow a judge and jury to demand a liable party’s cooperation.
You can discuss which path to pedestrian accident compensation suits your best interests during an initial case consultation with a Muncie, IN, pedestrian accident lawyer.
Vaughan & Vaughan Defends Muncie Pedestrians
Ball State’s August to May school year brings a swarm of new pedestrians to the Muncie area. Whether you’re a student or a local, you deserve to feel safe walking on Muncie’s streets. Victims of Muncie pedestrian accidents subsequently have the right to bring evidence of negligence to a pedestrian accident attorney to seek damages for their losses.
Are you ready to take legal action against a negligent party? Let the Muncie pedestrian accident attorneys with Vaughan & Vaughan know. We can meet with you to discuss the nature of your accident during a free, no-obligation case consultation. You can contact us online or by calling our office to get your appointment on the books today.