$5 million settlement
We recently won a $5 million settlement for a wrongful death & injury case to survivor due to car crash.
Pedestrian Accident Lawyer Helps Win Compensation
The pedestrian accident attorneys at Stephenson Rife represent clients throughout Indiana to make sure they get the compensation they deserve when injured by a negligent driver. Contact us today to schedule a free consultation.
When a car and a pedestrian collide, the pedestrian will never emerge unscathed. Pedestrians are much more likely than other road users to suffer serious and fatal injuries in an accident. Survivors often are left dealing with extreme pain and disabilities that require extensive medical treatment and surgery, and they face mounting medical bills and expenses at a time when they cannot work.
Many pedestrian collisions are preventable and are the tragic result of human error, such as those that occur when drivers are impaired or distracted by cell phones or other technology. If you or a loved one was injured or someone has died in a pedestrian accident that was caused by someone else’s negligence or fault, you can take legal action to receive compensation for your losses that can help you rebuild your life.
Indiana personal injury law is complicated; insurance companies will sometimes try to deny claims or get you to settle for as little as possible; and there are specific time limits for filing. Because of these factors, making mistakes can be very costly, so it’s difficult to fight for fair compensation on your own. Fortunately, the experienced Indianapolis pedestrian accident injury lawyers at Stephenson Rife are here to help. We represent clients in a wide range of personal injury claims to make sure they do not have to pay the price for a careless driver’s mistakes.
Call us today at (317) 680-2501 for a free consultation to evaluate your case and determine the best way to proceed.
Our Pedestrian Injury Attorney Helps You
Why Choose Stephenson Rife
When you are trying to recover from a serious pedestrian accident, it can be overwhelming to think of filing a lawsuit. Having the right attorney who has the experience and resources to go up against insurance companies can take the burden off you so you can focus on your recovery and your family. Here are some reasons why we believe you should choose Stephenson Rife to represent you:
- We are experienced. We have been meeting the needs of people throughout Indiana since 1976. Mike Stephenson has 40 years of experience handling injuries, and Brady Rife handles serious personal injury matters, handling both jury and bench trials as lead counsel.
- We get results, win large settlements, and have many satisfied clients. You can read their testimonials and information about our pedestrian case results.
- We are recognized in our field. Attorneys Mike Stephenson and Brady Rife have both been named as Indiana Super Lawyers and have won a distinguished place on The National Trial Lawyers: Top 100 and other legal awards. We are the law firm that other law firms consult for help.
- We handle all legal paperwork and court appearances as required by Indiana law.
- We communicate and negotiate with insurance companies for a fair settlement.
- We offer free initial consultations to get you started.
- We are able to provide cost-effective legal services to keep fees low, and you pay us nothing unless we win and you receive your compensation.
Our Pedestrian Injury Lawyer Works to Help
When you retain the Stephenson Rife legal team, we will get to work on your behalf immediately. We will:
- Meet with you to discuss how the accident occurred, who the at-fault parties may be, whether you have a valid lawsuit, and what type of settlement to go after
- Make sure you get proper medical care and that all symptoms and treatments are documented
- Conduct investigations to gather evidence (for example, photographs and videos from the accident scene; police, ambulance, hospital, and medical records; and interviews with witnesses and first responders)
- Utilize testimony from accident reconstruction professionals as to how the accident occurred and who was at fault
- Gather information from medical professionals and therapists as to the costs and effects of your injuries and the care you will need in the future
- Negotiate with insurance companies and opposition lawyers for a fair settlement
- Build your case, take it to court, and present it in front of a judge and jury if necessary.
We provide personalized service to fight for the justice and compensation you deserve.
Damages That Our Indianapolis Pedestrian Accident Attorney May Recover
In a successful personal injury case, our pedestrian accident attorney may recover compensation for your damages, meaning the injuries and financial losses that resulted from the accident. In Indiana, a damage award should cover both your economic and your noneconomic damages.
Economic damages (also called “special damages”) are for your monetary losses, including:
- Medical and rehabilitation expenses
- Lost income from being unable to work now and into the future
- Property damage.
Noneconomic damages (also called “general damages”) are for damages that do not have a specific dollar value but negatively impact your life, such as:
- Physical pain and suffering
- Emotional distress and mental anguish
- Loss of consortium and quality of life.
Punitive damages. — In some rare cases, punitive damages may also be awarded. These are intended to punish a defendant for especially malicious or intentional actions and to deter similar conduct from happening in the future. Punitive damages are capped at three times the compensatory damage award or $50,000, whichever is greater.
Amounts of Damage Awards
There are a wide range of settlement amounts possible in a pedestrian accident case, ranging from thousands to millions of dollars. The amount you may receive depends on the individual circumstances of your case and factors such as the actual costs of your damages, the severity and permanence of the injuries, whether you did something to contribute to the accident, and whether a wrongful death was involved. The skill of your attorney in negotiating, proving negligence, and building and presenting your case is also a factor.
Indianapolis Pedestrian Injury Lawyers Must Prove Negligence
Proving another party’s negligence — the failure to exercise a reasonable standard of care for the safety of others — is essential to winning a personal injury case. The vehicle driver is often negligent and at fault in pedestrian accidents, such as in situations in which the driver failed to yield the right of way, ran a red light, rolled through a stop sign, was speeding, or was driving while drunk or distracted. However, pedestrians do have a legal duty to follow the laws that apply to them, such as the Indiana law requiring pedestrians to obey traffic signals, and opposition lawyers will attempt to prove that you did something to cause or contribute to the accident.
To refute these allegations, our attorneys would conduct investigations and utilize experts to identify each party (the defendants in the case) who contributed to the accident. We would prove they were legally negligent by showing the existence of the following elements:
- Duty — The defendant owed you a duty of care not to cause harm.
- Breach — The defendant breached that duty by acting or failing to act.
- Cause – This breach caused the accident and your injuries.
- Damages — You suffered actual damages as a result.
In some cases, there may be multiple parties responsible for your injuries. For example, if the pedestrian accident was a drunk driving crash caused by someone driving a truck, you may be able to hold both the driver and the trucking company responsible. A municipality or road repair company may also be held responsible if dangerous road conditions that weren’t properly repaired contributed to the accident. Our attorneys will look to hold all potentially negligent parties as defendants since they all may have insurance and assets that can go toward a settlement.
Indianapolis Pedestrian Accident Attorney Answers FAQs
After a serious pedestrian accident, you are bound to have many questions. Individual concerns are best addressed at your free consultation, but to get started, here are some answers to questions our attorneys are often asked:
Are There Time Limits for Filing a Pedestrian Accident Lawsuit?
Yes, Indiana has a deadline called a statute of limitations (Indiana statute §34-11-2-4) that is generally two years from the date of the accident to file a personal injury lawsuit, and two years to file a wrongful death claim from the day of the death. Most often (though with some exceptions), if you fail to file on time, the courts will refuse to hear your case.
What If I Did Something that Contributed to the Accident?
According to Indiana’s modified comparative negligence statute (Indiana Code Title 34, Section 51-2-5, et seq.), you may still collect damages if your fault is not greater than fifty percent (50%) of the total fault involved in the incident, but damages will be reduced according to the percentage of fault you bear. For example, if the damage award is $100,000, and you are found to be 25% at fault, you can still collect $75,000.
What If a Pedestrian Dies from Their Injuries?
If the pedestrian accident results in death, Indiana’s wrongful death statute (IC 34-23-1-2) allows the personal representative of the deceased to file a wrongful death suit for damages for medical, hospital, funeral, and burial expenses as well as compensation for a loss of love and companionship and lost wages. Costs of pursuing the wrongful death claim, including reasonable attorney fees, are also reimbursable.
Should I Speak to the Insurance Company?
No, it’s best to say nothing to the insurance company. Insurance companies are often concerned with their bottom line, have high-powered lawyers working for them, and use deceptive tactics such as trying to get you to accept the lowest amount possible or asking leading questions to try to get you to admit that the accident was your fault. Tell the insurance company to speak to your attorney, and let Stephenson Rife handle all communications and negotiations.
What Are the Major Causes of Pedestrian Accidents?
Driver distraction causes many motor vehicle accidents, including those with pedestrians. Texting, talking on a cell phone, taking one’s eyes off the road to attend to passengers, or referring to GPS maps can distract drivers and cause them to hit a person walking or jogging by the road. Too many drivers try to make it through a yellow light before it turns red, or even blatantly run red lights, endangering pedestrians in the crosswalk. Dangerous road conditions sometimes contribute to accidents as well.
When you have Stephenson Rife working for you, we will be there to answer all your questions throughout the entire legal process.
Real-Life Case — Pedestrian Nearly Died After Being Knocked into Oncoming Traffic
M.A. was walking on the sidewalk along a bridge on his way home from work one evening when he was struck by a bicyclist who was riding his bicycle on the bridge in violation of local ordinances. M.A. was knocked into the path of oncoming traffic and was run over by at least one car and nearly died as a result of his injuries.
M.A. was hospitalized for several weeks after this pedestrian accident and incurred nearly $1 million in medical expenses. The bicyclist contested liability and, more importantly, claimed that he had no insurance coverage. Eventually, the bicyclist filed for bankruptcy to avoid paying any jury verdict personally.
Attorneys Stephenson and Rife dug into the background of the bicyclist and where he had been residing for several years prior to the accident. The bicyclist had maintained his sister’s house as his primary residence, although he had rented another apartment. After receiving suit papers, the home insurance company initially offered just $30,000 to settle the claim.
After a series of depositions and thorough investigation, a confidential settlement was reached for the benefit of M.A.
Call Our Pedestrian Injury Attorney for Help
We Will Put Our Resources to Work for You
Pedestrians have a legal duty to follow the laws that apply to them, but many times a driver is found to have been negligent, and our Indiana personal injury attorney can help win financial compensation for the victim.
The skilled pedestrian accident attorneys at Stephenson Rife have decades of experience fighting for the rights of injured citizens of Indianapolis and elsewhere in the state of Indiana. Let us help you collect compensation for medical expenses, pain and suffering, emotional distress, and financial loss or for the wrongful death of a loved one.
Call us today for a free, no-obligation consultation. We work on a contingency basis, so there are no fees to you unless and until we win your case.