South Bend Pedestrian Accident Lawyers

Pedestrian accidents can have devastating effects on individuals and their loved ones. Unlike other types of motor vehicle collisions, pedestrians are entirely exposed to the force of impact, leading to severe injuries or even death.

The aftermath of a pedestrian accident can be overwhelming, especially when medical bills, lost wages, and rehabilitation costs are involved. Victims and their families may face a complex legal process when attempting to recover damages. The South Bend pedestrian accident lawyers at Wilson & Kinsman, LLC will clarify your legal steps and fight to pursue justice for your damages.

What Are the Common Causes of Pedestrian Accidents in South Bend?

Pedestrian accidents can happen in various circumstances, and several common factors may lead to these incidents:

  • Negligence by drivers is one of the leading causes, including failing to stop at stop signs, driving under the influence, speeding, or not yielding the right of way to pedestrians at crossings.
  • Distracted driving, such as texting or using a mobile device, is another contributing factor.
  • Other causes may include poor visibility, inclement weather, or improperly marked crosswalks.
  • In some cases, unsafe conditions on sidewalks, parking lots, or other areas may lead to pedestrian injuries.

Identifying the cause of a pedestrian accident is a key step in determining liability and assessing how damages may be recovered. Our South Bend pedestrian accident lawyers at Wilson & Kinsman, LLC can investigate the circumstances surrounding an accident to determine the contributing factors.

Who Can Be Held Responsible in a Pedestrian Accident Case?

The answer to that question depends on the specific facts of each case. The most common parties involved in pedestrian accidents are drivers of motor vehicles, but pedestrians can also be held responsible. When negligent actions cause pedestrian accidents, either party may be held accountable for the resulting damages.

Other parties may include local municipalities if the accident occurred due to poorly maintained roads, broken traffic signals, or improperly marked crosswalks. Additionally, property owners can be held liable if unsafe conditions on their property contribute to a pedestrian’s injury. Our team can analyze the evidence and determine all potential parties that may bear legal responsibility.

How Can Pedestrians Be Held Liable for Car Accidents?

Like all states, Indiana has right-of-way laws that also apply to pedestrians:

  • Do not cross intersections diagonally unless a traffic control device authorizes it.
  • Do not suddenly step into the path of an oncoming vehicle.
  • Do not walk on the road when a sidewalk is there.

Drivers must also follow pedestrian right-of-way laws in Indiana. They must:

  • Yield the right-of-way to pedestrians when operating a vehicle across a sidewalk.
  • Not overtake or pass a stopped vehicle at a crosswalk or intersection when a pedestrian is crossing.

Keep in mind that Indiana is a modified comparative fault state. This rule means that a plaintiff’s potential compensation can be reduced by a court’s assigned percentage of fault. If a pedestrian is found to be 50 percent or more at fault for the accident, they cannot receive compensation.

How Long Do I Have to File a Pedestrian Accident Claim?

The statute of limitations in South Bend determines the amount of time available to file a pedestrian accident claim. Statutes of limitations set time limits for individuals to bring legal action, and failure to meet these deadlines can result in losing the right to recover damages.

Indiana Code states that claimants have two years to initiate personal injury or property damage claims. This is a fundamental law that influences case outcomes, so it is essential to be aware.

Certain delays, like waiting for additional medical evaluations, can affect the timeline, but legal action should not be delayed unnecessarily. Taking early action can make it easier to gather evidence, identify witnesses, and build a strong legal claim. Our South Bend pedestrian accident lawyers can help you meet all the legal deadlines for your case.

What Types of Evidence Are Necessary for a Pedestrian Accident Claim?

The success of a pedestrian accident claim relies on gathering sufficient evidence to support the case. Common types of evidence include:

  • Medical records outlining injuries and treatments received.
  • Accident reports from law enforcement agencies.
  • Photographs of the accident scene, including injuries, vehicle damage, skid marks, traffic signs, and weather conditions.
  • Eyewitness statements.
  • Surveillance footage from nearby cameras showing the sequence of events leading to the accident.
  • Records of lost wages or other financial expenses resulting from the accident.
  • Expert opinions, such as those from accident reconstruction specialists, to determine accident circumstances and responsibility.

Our team can gather and analyze this evidence, presenting it effectively to support the claim during settlement negotiations or in court.

What if the Insurance Company Offers a Settlement?

Insurance companies may extend settlement offers to quickly resolve a pedestrian accident claim, but we advise against signing them before consulting with our South Bend pedestrian accident lawyers. While these offers can provide immediate financial relief, they may not fully address the damages suffered. Your injuries might require ongoing medical care, and there might be other costs that are not immediately apparent. Insurance companies are focused on minimizing their financial liability, and their initial offers may not adequately cover your medical expenses, lost wages, or long-term rehabilitation costs.

We can review any settlement offers to determine whether they are fair and reflect the full extent of the losses suffered. If a fair settlement cannot be reached through negotiation, our South Bend pedestrian accident lawyers can proceed with litigation to pursue appropriate compensation. Families and injured individuals should not feel pressured to accept a settlement that does not fully account for the financial burdens they may face.

The Experienced South Bend Pedestrian Accident Lawyers at Wilson & Kinsman, LLC Offer Free Consultations

Pursuing a legal claim to recover damages from these kinds of accidents can feel daunting, but the South Bend pedestrian accident lawyers can handle the work so you can focus on recovery. For a free consultation, call Wilson & Kinsman, LLC at 574-522-1900 or submit our online form. Located in Elkhart and South Bend, Indiana, we serve clients in Goshen, Mishawaka, Granger, Osceola, Bristol, and La Porte.

Give us a call!

574-522-1900
Wilson & Kinsman

Contact our Firm

Consent

Testimonials

Read what our former clients have to say:

Honest and professional

I was charged with an OWI in Elkhart County and Eric was my first call. He was very helpful and personable throughout the entire process. I certainly appreciated his honesty and professionalism. Eric is definitely well experienced in handling these matters. Thanks to his help and guidance, we were able to have all of our necessary steps done before going to court that helped to retain driving privileges. The judge even remarked at how well the case had been managed during the hearing. With Eric’s help, I was able to obtain specialized driving privileges very promptly. I am still able to tend to my life’s responsibilities and my work. I would highly recommend Eric to anyone else needing help with OWI/DUI charges.

anonymous

Fought my case relentlessly

This law firm fought my case relentlessly for two years to get the settlement that I was seeking.

C.A.

Eternally grateful to Eric Kinsman and his staff

Eric Kinsman is a kind, professional, and compassionate lawyer who saved our lives when we were falsely accused. We were terrified, confused, and stunned by the situation and he gave us guidance and help in the most stressful moment in our lives. He knows how to break down the game plan in easy to understand language so you know what is going to happen and you don’t feel disconnected or unsure of what is happening. He is very talented and knowledgeable and knows how to work with the prosecutor and really help his clients through the whole process. You’re not a number in Eric’s office – you’re a person and his staff treats you that way too. I will be eternally grateful to Eric Kinsman and his staff and their kindness and compassion.

L.M.

A man of utmost integrity

Tom is very kind and personable. He is a great attorney to work for and work with. He is a man of the utmost integrity and is forthright in his practice. I would confidently recommend his legal services to any person I cared about.

Kayla Christofeno

5 stars from start to finish

5 Stars from start to finish – Tom is real and knew exactly what to do to navigate through the obstacles and achieve the best outcome in my case. He got it done, well-done, but more importantly, time and again, Tom and his team demonstrated that they possessed the empathy, foresight, professionalism, and organizational capability to make the difference I needed as they managed my case to a successful conclusion. The team at Wilson Law were attentive and supportive, the terms were fair and affordable, the relationship was forthcoming and they enabled me to confidently understand and manage my own role in my own case.

M.L.

Went out of their way to help me with my case

Tom Wilson and his team went out of their way to help me with my case. I had different attorneys throughout the 4.5 years, Tom and the team picked up and finished my case at awesome time. Thank you Tom and your team are very awesome!!!!!

L.S.

Incredibly thankful

I would like to first give thanks to Eric Kinsman for all he has done for me. I got a criminal mischief charge and was facing a year in jail, this is because I have a past that didn’t look good on me. The prosecutor was determined to get me jail time which gave me high stress, it’s been a long 6 months. What Eric did behind the scenes was incredible not only did he keep me informed on everything the whole time dealing with this case, he also managed to talk the prosecutor into giving me good behavior for a year. I didn’t think there was a chance in the world to make this happen but with the great knowledge he carries he seen things most would have not in this case. He was determined to keep me out of jail and off papers. I’m incredibly thankful to have chosen him as my attorney in this case.

N.W.