Did you suffer severe injuries or was your loved one killed in a pedestrian accident in Indiana, Kentucky, or Illinois? If so, the experienced pedestrian accident lawyers of Chapman Injury Lawyers are prepared to help you get the maximum compensation for your injury claim. We fight for the rights of those who have been hurt by the negligent acts of others, and we’ll help you get back on your feet after a severe injury accident.
A report from the Governors Highway Safety Association (GHSA) projected 6,227 pedestrian fatalities in 2018, which was the highest total in almost 30 years. According to the GHSA, pedestrian fatalities increased by 35 percent from 4,414 deaths in 2008 to 5,977 deaths in 2017 even as all other traffic deaths declined by six percent.
Insurance companies are rarely willing to provide pedestrian accident victims the amount of compensation they need and deserve, but Chapman Injury Lawyers will fight to make sure that you get every last dollar you are entitled to. Our firm can provide a complete evaluation of your case as soon as you call (812) 461-6261 or contact us online to set up a free consultation.
While you might understandably believe that a negligent driver is clearly to blame for your accident, you should never assume the insurance company is going to draw the same conclusion. An insurer must minimize a negligent driver’s liability, and one way this is usually accomplished is by pinning as much blame as possible on an injured pedestrian.
One way insurance companies get the evidence they need is through direct conversations with victims. Insurers will often be quick to call you soon after your accident, and you should avoid saying anything to them until you have an attorney.
When a claims adjuster asks you to provide a recorded statement, you should always decline. Let a lawyer handle all conversations with insurance companies on your behalf so you do not risk saying anything that could jeopardize your case.
You should also be prepared for an insurance company to try and pressure you into accepting a lump sum settlement instead of going to court. Do not accept any settlement without first talking to an attorney who will likely be able to help you recover far more than you are initially being offered.
Chapman Injury Lawyers makes three guarantees to its clients: we will provide a free consultation regardless of whether you hire us, we will communicate with you through text messages when you prefer, and we will handle every aspect of your case.
Neil Chapman is a member of the Indiana Trial Lawyers Association and Evansville Bar Association with nearly 25 years of legal experience. Stephen Thomas is licensed in Illinois, Kentucky, and Indiana and is a member of the Indiana Trial Lawyers Association, Evansville Bar Association, and Kentucky Justice Association.
Chapman Injury Lawyers can negotiate a just settlement to your case. If the insurance company does not make an acceptable offer, we will take your case to court.
You should also know that you will not have to worry about paying us anything up front because we represent clients on a contingency fee basis. In other words, you only pay when you obtain a financial award.
Most pedestrian crashes involve motor vehicles and are caused by some driver negligence. The specific types of negligence can vary depending on the situation, but common causes of pedestrian accidents often include without being limited to:
Not all pedestrian accidents necessarily involve automobiles. Some pedestrians may have possible claims against property owners who do not correct hazards such as holes in walkways.
Most pedestrians have no protection whatsoever when they are involved in these kinds of accidents. The result is usually extremely catastrophic injuries that may include, but are not limited to:
It is entirely possible that some pedestrians will die from the injuries they suffer. The family of such victims may be able to file a wrongful death lawsuit against the negligent party or parties.
Always make sure you get medical care after a pedestrian accident, even if you do not think you were hurt. Remember that some injuries involve delayed symptoms, and an insurance company for the negligent driver will use any delay in treatment to argue that your injuries are not compensable because you did not treat them properly.
It is also crucial to file a police report about your accident, even when the other driver does not want to involve law enforcement. While you are at the scene of your crash, try to take as many pictures as possible, and get photographs from lots of different angles and distances. Look for any people who might have seen your accident and try to get their names and phone numbers in case they are needed as witnesses. You want to make sure that a lawyer is the first person you talk to about your accident, and avoid any mentions of the accident or your injuries on social media websites.
While Kentucky Revised Statute § 413.140(1)(a) establishes that a person has one year from the date of an accident to file a lawsuit, Indiana Code 34-11-2-4 and 735 Illinois Compiled Statutes (ILCS) 5/13-202 both give victims two years. The standard statute of limitations assumes a person is not under a “disability” that prevents them from filing, as the limitations period can be tolled (or delayed) in such cases.
Kentucky Revised Statute § 413.170, Indiana Code § 34-11-6-1, and 735 ILCS 5/13-211 all provide for the tolling of limitations periods when victims are under such disabilities as being less than 18 years of age or being incapacitated. The respective limitations periods in such cases will not begin until the date that these disabilities are removed, whether it is a person turning 18 years of age of not being incapacitated anymore.
When a defendant leaves Indiana, Kentucky, or Illinois, then Indiana Code § 34-11-4-1, Kentucky Revised Statutes § 413.190, and 735 ILCS 5/13-208 all establish that the period of absence will not be counted against the limitations period.
When a pedestrian accident occurs in Indiana or Illinois, a victim can only recover when they were not more than 50 percent at fault. Even victims who are entitled to file such actions will still have their awards reduced in proportion to their own negligence, which means that a pedestrian who is awarded $100,000 in a pedestrian accident they were found to be 65 percent at fault for will have their award reduced by $65,000 and receive $35,000.
Kentucky, on the other hand, uses a pure comparative fault system, so victims can file lawsuits even if they were more than 50 percent at fault. Just like Illinois and Indiana, Kentucky will also reduce the final award by a victim’s percentage of contributory negligence.
Were you or someone you love hurt in a pedestrian accident in Indiana, Kentucky, or Illinois? Chapman Injury Lawyers has the right team, right resources, and the right experience to help you get the compensation and justice you’re owed. We won’t let someone else’s negligence cost you your health and financial stability. Our firm has a record of success that includes multiple six-figure settlements and verdicts. Call (812) 461-6261 or contact us online to take advantage of a free consultation.
Don’t face this alone.
NEIL CHAPMAN, LAWYER
Rebecca Stock B.