Car accidents involving pedestrians are often some of the most severe collisions that occur across the State of Indiana. If you find yourself injured after someone else's negligent driving caused an accident, you can pursue damages through a lawsuit.
To help bolster your claim, you should always call 911 at the scene of an accident. If you are able, try to get contact information from any potential eyewitnesses at the scene. Once your injuries have been treated, you should consider filing a lawsuit against the negligent driver to recover compensation from their insurer. However, you must act quickly because you only have a certain amount of time before the clock runs out on your ability to sue.
Wruck Paupore’s diligent South Bend pedestrian accident attorneys offer free initial case assessments to all potential new clients. All it takes to get yours is to pick up the phone and call our offices at (219) 322-1166.
It can be hard to think straight after a serious accident, especially when a car runs into a pedestrian. This is why our experienced South Bend pedestrian accident attorneys have provided this helpful list of tips for victims who may find themselves in this situation.
You should always call the emergency dispatch line after being involved in an accident, even if you are not sure about the severity of your injuries. Taking this step serves three important purposes. First, the dispatcher can send law enforcement officers to take down information for an official accident report, which you can use for insurance claims or to form the basis of your lawsuit. Second, you can also request an ambulance to get immediate treatment if your injuries warrant it. Third, you can provide a description of the location of the accident and the other vehicle involved in case the driver decides to flee the scene. If you are involved in a hit-and-run, give the dispatcher as much information as possible so that patrols in the surrounding area can locate and detain the driver.
Once you leave the accident scene, some evidence may be lost for good. While police officers will do their best to document the situation for their official report, it is always best to have your own source of information for later. If you are able, you should take pictures and video at the scene of the accident that captures the road conditions, damage to vehicles, and any tire tracks left on the road. If possible, you should also include photos and video of any visible injuries you or loved ones have at the scene.
You should also attempt to speak with any passersby who saw the accident and could serve as a witness to what happened. Make sure you obtain their contact information and ask if they took any photos or videos that might be useful.
Even if you cannot tell whether you are injured or if you believe your injuries are minor, you should always visit an emergency room or urgent care facility immediately after you are involved in an accident. You may not be able to detect traumatic brain injuries (TBIs) or internal bleeding until well after the accident, at which point it may be too late. By acting immediately to get your injuries treated, you create a medical record to use for your recovery and may prevent any underlying conditions from worsening.
There is no need to spend your time reaching out to your lawyer before you get medical care. Your health should be your number one priority after any pedestrian car accident. However, once you have received a diagnosis and treatment, you can benefit from legal counsel in evaluating your next steps. We urge you to avoid speaking with any insurance company representatives or signing any documents from an insurance company before speaking with one of our experienced South Bend pedestrian accident attorneys.
Once you have received medical treatment for your injuries, it is time to think about your legal options for recovery. Our South Bend pedestrian accident attorneys can help you assess your case to determine who is responsible and what you stand to gain through a lawsuit.
When a pedestrian accident happens, negligence is a frequent cause. Often it is the driver of a vehicle who is the negligent party. “Negligence” is the failure to take reasonable care under the circumstances. Drivers take reasonable care by driving according to traffic laws and regulations and by accounting for the conditions of the environment where they are driving.
A pedestrian accident victim may recover damages if they can prove that the driver’s negligence caused the accident “by a preponderance of the evidence,” which essentially means more likely than not. The victim may recover some of their damages even if the court finds that they were partially responsible for causing the accident. Our South Bend pedestrian accident lawyers can give you a free initial case assessment to help you determine whether you have a case and how much it could be worth.
Indiana allows pedestrian accident victims only a certain amount of time to file their lawsuit. Under the statute of limitations, victims generally only have two years from the date of the accident to file their initial complaint in court. Once the two years have passed, the court that receives the lawsuit will likely grant a motion to dismiss, ending any chance for the victim to recover. If the claim involves the potential liability of a government entity, you must give the notice of a claim far sooner than the statute of limitations. For example, if it was a government worker who hit you these notice requirements may be required. An investigation may also reveal that government agencies did not provide adequate warning signs, did not provide crosswalks where needed, or otherwise contributed to the injury.
These are just a few of the many reasons why it is so important to get experienced legal counsel on your side as soon as possible. Our South Bend pedestrian accident lawyers can work with you from your first call to ensure that your claim meets every deadline and procedural requirement. This way, no arbitrary state restriction will stand in the way of getting the compensation you deserve for your injuries.
You can get a free initial assessment of your case simply by calling the South Bend pedestrian accident lawyers of Wruck Paupore at (219) 322-1166.
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.
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