Pedestrians Struck by Vehicles
Pedestrian accidents can be some of the most severe injuries Shaw Law handles. This is often due to the unprotected nature of the pedestrian who comes into contact with a moving vehicle.
One of the most common types of accidents are those that involve pedestrians. The National Highway Traffic Safety Association (NHTSA) alleges that nearly 5,000 fatalities each year involve pedestrians and vehicles (in 2012) and that over 75,000 pedestrians were struck by automobiles in all.
When a pedestrian is injured, there might be more than one person or business responsible. Depending on the circumstances, the responsible parties can include:
- The driver of a vehicle that hits the pedestrian (*or his employer if he was on the job at the time);
- If a slip and fall, it can be the landowner who is responsible for maintaining the sidewalk, path, parking lot (or the business).
One of the most common occurrences happens when a pedestrian attempts to cross a roadway or highway. In those circumstances, it is vital to prove that the pedestrian was within the prescribed crosswalk. (Earlier in his career, Attorney Jeff JJ Shaw won a big case when he was able to prove that a pedestrian was in the proper area of a crosswalk in an unwitnessed crash involving a city of East Chicago truck by collecting and scientifically examining the rubber deposits left from the pedestrian’s sneakers located within the proper area of the crossway).
In addition to pedestrian/vehicle accidents, there are thousands that occur involving poor sidewalk maintenance or parking lot defects or construction materials left in areas creating dangerous conditions for shoppers and other people who walk.
A pedestrian can recover damages for injuries if the negligence (fault) of somebody else caused or contributed to his or her injuries. Negligence is the failure to do (or not do) something that a reasonable person in a similar situation would do to protect pedestrians from risks that are foreseeable.
The majority of pedestrian auto accidents take place at intersections and crosswalks where drivers fail to yield the right of way. It is also common at numerous construction sites, where constructions workers have been struck by drivers while working on the highways and roads of Indiana.
In our Indiana pedestrian accidents, cases we work with investigators to take pictures and videos of the accident scene. We can then retain experts such as engineers, accident reconstructionists, traffic signal experts, human factors experts, and roadway construction experts, if necessary to prove the collision was NOT your fault.
In most cases there are very few eyewitnesses available or willing to come forward, therefore it is important to rely on scientific evidence in order to prove your case.
Insurance companies will always vigorously defend these cases. Most times, they will claim you did something wrong or were not where you were supposed to be at the time of the impact.
We will fight to prove them wrong and get you the compensation you deserve. Contact us today!
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Attorney Shaw got me a fair settlement, much more than I thought we were going to get.- Randy & Kathy M
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