Whitestown, IN, may not be the most walkable city in the Hoosier State, but that doesn’t mean that local motorists shouldn’t look out for pedestrians. Folks crossing intersections, parking lots, and streets deserve respect under Indiana law. Anyone who violates the duty of care owed to a Whitestown pedestrian can face legal consequences for that misconduct.
It’s up to pedestrian accident survivors like you, however, to initiate legal action against a liable party. If you want to demand compensation for losses endured in a pedestrian accident, you can contact Vaughan & Vaughan. Our pedestrian accident attorneys in Whitestown can investigate your losses and file a personal injury claim on your behalf.
Pedestrians Deserve to Feel Safe in Whitestown
Civil courts refer to the responsibility motorists, bicyclists, and other parties have to Whitestown pedestrians as the former parties’ duty of care. Indiana understands a party’s duty of care to encompass that person’s responsibility to behave reasonably while out in public. All parties must also take reasonable action to keep one another from coming to harm.
What does this mean for pedestrians like you? It means that every motorist, motorcyclist, or related party must abide by Indiana’s roadway and pedestrian laws. It also means that parties who deliberately or accidentally put a pedestrian like you in harm’s way violate the duty of care owed to you. You, in turn, can hold those parties liable for their negligence in civil court.
While the specific examples of negligence can vary from case to case, pedestrians can often bring forward cases addressing:
- Distracted driving
- Improper bicycling
- Driving without a license
- Failure to stop completely at an intersection/rolling stop
- Construction crews’ failure to mark dangerous environments
- Shop owners’ failure to ice the sidewalks
You can discuss what instance of negligence entitles you to civil action when you meet with our team for an initial case consultation.
Taking Action After a Pedestrian Accident
You have two years to act after a pedestrian accident. That deadline gets enforced by the state of Indiana, not Whitestown’s civil courts. The state outlines what’s known as its statute of limitations in Indiana Code section 34-11-2-4.
This statute of limitations ensures that the evidence brought before a judge regarding the nature of your pedestrian accident is as accurate as it can be. The longer you wait to file your case, the more likely it is that bystanders’ memories may fade or your evidence may become damaged. If you try to file a case after your statute of limitations expires, a court can throw out your claim.
Fortunately, you don’t have to complete your pedestrian accident claim alone. Our attorneys can focus on submitting your complaint before your deadline expires while you go to physical therapy, tend to accident-related injuries, and get back on your feet.
Proving Pedestrian Accident Liability
You have responsibilities within that two-year filing period if you want to bring a pedestrian accident claim before a judge. Your first responsibility is to assign liability for your accident to a particular party. The best way to do this is to find evidence establishing the negligence that led to your pedestrian accident.
The evidence that can help you assert accidental or intentional negligence can include:
- Video or photo footage of your pedestrian accident
- Records of physical debris or physical evidence of your losses
- Statements from expert witnesses and accident bystanders
- Phone data, if applicable
You can discuss what forms of evidence may be available after your pedestrian accident with a Whitestown pedestrian accident lawyer. We, in turn, can return to the accident scene to gather the evidence most relevant to your case. We can also turn to our professional network to ensure the case you bring against an offending party is as comprehensive as possible.
Asserting Your Right to Damages
The primary reason many pedestrian accident survivors take their claims to civil court is to secure damages for their losses. You, in turn, have the right to demand damages for the losses you incurred. When you have the right evidence on hand, you can hold an at-fault party responsible for:
- The cost of your medical care after a pedestrian accident
- Lost wages
- Lost opportunities for alternative employment
- Emotional distress
- Pain and suffering
- Mental anguish
- Property damage and replacement
- Wrongful death, if applicable
You must, however, prepare to defend your claim to whichever damages you include in your pedestrian accident claim. You can work with our team to pair each damage you request with evidence of that loss’s impact on your life.
Let Our Attorneys Protect Your Right to Justice
Working with an attorney makes it easier than ever for you to file a personal injury claim. Many families worry, though, that the legal fees associated with comprehensive representation may be too expensive for them to handle. When you work with Vaughan & Vaughan, this isn’t the case.
The Whitestown pedestrian accident lawyers with Vaughan & Vaughan work on contingency. That means that our attorneys do not get paid for the services we render unless we win your case. You do not have to worry about legal expenses while your case is in progress.
You can schedule a case evaluation with our attorneys to learn more about our contingency fee agreements, not to mention our other legal services.
Schedule a Pedestrian Accident Case Consultation Today
Motorists, bicyclists, motorcyclists, and other parties can all put you in harm’s way with their negligence. As a pedestrian, you deserve to feel safe on the road. Don’t let someone else get away with dangerous behavior. If you were injured in a pedestrian accident, call a Whitestown pedestrian accident lawyer to initiate a case against the at-fault party.
Vaughan & Vaughan have operated in Indiana for decades and have personal experience in the state’s civil courtrooms. We’re prepared to build your personal injury claim, communicate with a liable party, and fight for your compensation. If you’re ready to learn more, you can contact us online or by phone.
Let’s schedule your case evaluation today.