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When a car accident involves a pedestrian, that pedestrian is far more likely to have severe or life-threatening injuries. Pedestrians cannot stand up to oncoming vehicles, and they rely on drivers to stay as safe as possible on the road. When drivers behave recklessly, pedestrians might pay the price.
After a pedestrian accident, you deserve compensation for your painful injuries. While settlement of your claims with the insurance company is often possible, we can also pursue a claim in a personal injury lawsuit against the at-fault driver. Lawsuit’s frequently help our clients recover damages where the insurance company refuses to fairly pay what is owed.
If you were recently hit by a car as a pedestrian, you might be recovering from serious injuries and facing high medical bills and a tragic impact on your life. Our Hammond, IN pedestrian accident attorneys, can help you get compensation. Call Wruck Paupore at (219) 322-1166 for a free case review.
Insurance is likely to be involved after any car accident, even one involving a pedestrian. Drivers are required to carry insurance by law, and if a driver drives without insurance, they might face legal penalties.
Indiana is an at-fault state, which means injured pedestrians can file insurance claims with the at-fault driver’s insurance. Insurance will only pay for damages after you have sufficiently proven the driver is to blame for the accident.
Insurance in pedestrian accidents can be a bit complicated. When a driver is uninsured or flees the scene, pedestrians are left with no way of filing a claim. In such circumstances, the pedestrian can file a claim with their own insurance if they have policies covering uninsured or underinsured motorists. Our Hammond, IN pedestrian accident lawyers can help you navigate the insurance process and explore other legal options.
Unfortunately, not all pedestrians have auto insurance. Some pedestrians might not even own cars and would not need insurance. If you are injured as a pedestrian, the driver can be held liable in a lawsuit, and you may recover compensation for your injuries and damages. We can help you file a lawsuit whether or not you have insurance.
Filing a lawsuit for a pedestrian accident always begins with a complaint. The complaint is extremely important because it is the first step in your lawsuit. What is contained in your complaint may set the tone for the rest of your case. Our Hammond, IN pedestrian accident attorneys, can help you file your complaint with the appropriate court.
Your complaint should contain information about your accident. Specifically, it should address how your accident happened and why you believe the defendant is responsible. Your complaint should also explain what remedy you want from the court. In most cases, this remedy is financial compensation for damages.
To get all the compensation you need, seek help from experienced Hammond, IN pedestrian accident lawyers. Both tangible and intangible damages should be assessed and added to your total calculations. An attorney can help you keep track of all your damages and work to maximize your compensation.
Accident claims tend to be based on “negligence.” Multiple legal elements must be satisfied to prove someone negligent in a pedestrian accident case. Negligence involves the violation of a legal duty the defendant owed to you. Proving negligence requires establishing four important elements: duty, breach, causation, and damages.
Duty refers to the legal duty of care the defendant owed you. In a pedestrian accident case, this duty is the driver’s obligation to drive with reasonable care under the current road conditions. The breach is a violation of this duty. When a driver drives dangerously or violates traffic laws, they violate their duty to be safe on the road.
Causation is the connection between your injuries and the defendant’s breach. The breach must be the direct cause of your injuries to prove negligence. Finally, you must show that your damages are real and not potential or hypothetical.
In more unusual cases, a pedestrian accident is an intentional tort instead of a negligence claim. In these cases, you must prove that the defendant hit you on purpose. These cases often involve criminal charges, and you might have to be a witness in a criminal trial in addition to your civil lawsuit.
A hit-and-run accident is when a driver flees the scene. In many of these cases, drivers drive off before being identified. Not only is this a serious criminal offense, but it makes it much more difficult for injured pedestrians to get compensation for their damages.
The first thing you should do is report the accident to the police. Even if you feel like your injuries are not that serious, you should contact the police to report all hit and runs. Additionally, the accident report from the police can help you get coverage from insurance. Remember, when a driver cannot be identified or has no insurance, you might be able to file a claim with your uninsured or underinsured motorist coverage.
If you do not have access to insurance coverage for your injuries, the criminal investigation might identify the defendant. Once the police find the driver who hit you, you can sue them for damages with help from our Hammond, IN pedestrian accident lawyers. It is also important to note that if the defendant is found guilty in a criminal case for the hit and run, that conviction can be used to support your claims in civil court.
If you were injured in a pedestrian accident, you deserve justice and fair compensation from the driver. Our Hammond, IN pedestrian accident lawyers can help you get just that. Call Wruck Paupore at (219) 322-1166 for a free case review.
Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.
More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.
In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.
Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.
For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.
Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.
Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.
Contact Us:
Wruck Paupore P.C.
Injury Lawyers
275 Joliet St. Suite #250
Dyer, IN 46311
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