Noblesville Pedestrian Accidents Lawyer
When someone is walking along and injured because of the fault of someone else, the injured party has the right to seek compensation. A Noblesville pedestrian accidents lawyer is there to know the applicable law, what it means in each particular case, and to work towards a fair settlement.
Dollard Evans Whalin serves clients throughout the state of Indiana from our Noblesville office. We combine deep attention to detail with strong legal advocacy to fight for our clients. Call us at (317) 854-5877 or contact us online to set up a free consultation.
Pedestrian Rights & Responsibilities in Indiana
Liability in pedestrian accident cases often comes down to three words–right of way. Who had it and who didn’t? Indiana law gives pedestrians both rights and responsibilities, the same as they do for the drivers of cars, trucks, bikes, and motorcycles. Title 9 of the Indiana Code, which deals with traffic regulations, addresses right of way.
Notable points include the following:
- Pedestrians have the right of way when in a marked crosswalk
- Pedestrians have the right of way in an intersection
- When one car stops to allow a pedestrian to pass, another car cannot try and pass that vehicle
On the other side of the rights coin are the responsibilities, which include:
- Pedestrians must obey traffic control, from Walk/Don’t Walk lights to manual directions from a police officer
- Pedestrians may not walk along a road when a sidewalk is there
- Pedestrians cannot cross intersections diagonally
Of course, every case is different, and not every set of circumstances fits neatly into the boxes outlined by state law and municipal ordinances. But these serve as the basis for a Noblesville pedestrian accidents lawyer to make the case for negligence.
The attorneys at Dollard Evans Whalin understand that proving negligence is a meticulous legal process. It requires both hard work and determined advocacy for the best interests of the client. That’s what we provide. Call the Noblesville office at (317) 854-5877 or contact us online to set up a free consultation.
Proving Negligence in Pedestrian Accident Cases
All personal injury lawsuits come down to demonstrating negligence on the part of the defendant.
This process can be generally outlined as follows:
- Prove that the defendant owed a duty of care to the plaintiff. If the accident in question took place in the public square (e.g., a sidewalk, intersection or anywhere else that’s not private property), then all parties owed this duty to each other.
- Prove that the defendant breached the duty of care. This is where Title 9 of the Indiana Code can be valuable. Violations of the code can certainly demonstrate a breach. If nothing happened that was officially illegal, breach can still be shown by establishing that a defendant failed to act as a reasonable person would (“reasonable” being subject to definition by a court).
- Prove that the breach is what caused the accident. This might seem obvious and in many cases it will be. But if a pedestrian fell and injured themselves, the defense counsel might argue that even if the defendant did breach the duty, that the fall would have occurred anyway. It’s the job of the pedestrian accidents lawyer on the plaintiff’s side to show that the breach and the injury are linked.
- Prove that the injury caused damages. Damages are both financial–medical expenses, lost wages, and rehabilitation–and non-financial, which include pain and suffering. A person who loves to walk or run and can no longer do so might cite this loss of enjoyment as part of the pain and suffering.
Dollard Evans Whalin approaches pedestrian accident cases with a studious and detail-oriented approach to the applicable law and the unique circumstances of every case. Then we bring a fighting spirit to negotiations with the insurance company and litigation if that proves necessary.
Call our Noblesville office today at (317) 854-5877 or contact us online today to set up a free consultation.
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