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Pedestrian accidents are among the most serious type of crash a person could experience. The physical and psychological damage is often intense and could have permanent impacts.
If you were hurt in a pedestrian accident involving a motorist, speak with a Michigan City pedestrian accident lawyer right away. Our reliable personal injury attorneys review the circumstances, explain your legal options, and help you get reasonable compensation for your losses.
Pedestrians sometimes believe they always have the right of way when crossing the street, but this is not true. Pedestrians have the right of way when they are crossing the road in a crosswalk with the traffic signal. When pedestrians want to cross outside a crosswalk, they must yield to oncoming traffic.
When sidewalks are available, pedestrians must use them. On roads without sidewalks, pedestrians should walk as far to the edge of the road as possible, facing oncoming traffic. When walking at night a pedestrian should make efforts to be visible, including wearing reflective clothing and using a headlamp or carrying a flashlight.
Drivers have a responsibility to watch for and avoid pedestrians at all times, especially at night. Even when a pedestrian was disobeying the law, a driver who hits a person may still be at fault for not noticing their presence. A pedestrian accident attorney in Michigan City will investigate the incident to determine how it happened, who is responsible, and hold the responsible parties accountable.
When a motorist is drunk, high, speeding, or texting when they hit a pedestrian, the driver is automatically at fault. Yet many accidents are not so cut-and-dried, and determining fault requires negotiation between the parties.
A person who was walking at night on a road with no streetlights might be partially responsible for an accident if they did not make efforts to be visible to motorists. A pedestrian who darts into traffic or is drunk and weaving might be partially responsible for their injuries.
Indiana Code § 34-51-2-6 prevents anyone who was primarily responsible for an accident from claiming damages from other parties. When a pedestrian is partially responsible for an accident, they can collect reduced compensation for their losses. They are responsible for the portion of their losses caused by their own actions. It is critical for an injured pedestrian in Michigan City to work with an experienced attorney, who can ensure they do not carry more than their fair share of responsibility for the incident.
The compensation an injured person receives after an accident is called their damages. All people injured due to another party’s carelessness or recklessness are entitled to compensatory damages. In rare cases, an injured person might collect punitive damages from the party who caused the accident.
Compensatory damages include economic damages, which compensate the actual expenses an injured person incurs. They include lost wages, diminished capacity for future earnings, medical expenses, and any other costs the injured person faces due to the injury. Compensatory damages also include money to acknowledge an injured person’s pain, disability, scarring, and emotional trauma.
When a driver willfully or intentionally put pedestrians at risk, a Michigan City attorney might advise seeking punitive damages as well as compensatory damages. Punitive damages are extra money a responsible party must pay an injured person as punishment for outrageous conduct. When a driver was drunk, racing, or engaging in similarly reckless behavior when they hit someone, a judge might consider awarding punitive damages.
Pedestrian accidents often cause physical and emotional trauma that has life-changing consequences. When you were on foot and injured by a motorist, you may have a claim for compensation.
A Michigan City pedestrian accident lawyer can use their knowledge, skill, and experience to ensure you receive fair compensation for your injuries. Reach out today to explore your legal options.