Growth continues to be a theme for the city of Indianapolis. Expansion has touched every facet of downtown life, including the areas of apartments/condos, retail/restaurants, hotels, new and returning conventions, office space, higher education (IUPUI & Ivy Tech), etc.
And whether you live or work downtown, it is obvious that sidewalks and roads have become increasingly more crowded in recent years. The end result is an increased risk in serious accidents involving pedestrians.
According to data from the Indiana Criminal Justice Institute, Marion County recorded a total of 400 pedestrian-related accidents in 2017. Twenty-eight of those incidents involved fatalities, with 312 resulting in various non-fatal injuries. (2018 and 2019 data were not available at the time of this posting.)
Attorney Matt Boulton has not only witnessed an increase in the number of pedestrian accidents occurring in downtown Indianapolis, but he has also noted a larger number of traumatic injuries that occur in these incidents.
“I spent several years working at an Indianapolis-based personal injury firm, and the wide-ranging injuries a person can sustain after being hit by a vehicle is frightening. Unfortunately, some injuries are life-altering, others are fatal. I also saw a number of near misses during my daily commute or drives to and from the Marion County courts.” —Matt Boulton
Common pedestrian accident injuries
It comes as no surprise that the large majority of pedestrian-related incidents that involve a motor vehicle result in traumatic injuries. Typically, victims will sustain a combination of internal and external injuries to their head, chest, arms and/or legs.
The following are the most common pedestrian injuries we see at the Boulton Law Group:
Closed-head injuries – In most cases, a traumatic brain injury results from the head coming into contact with the vehicle or as a result of striking the pavement/sidewalk after being thrown to the ground.
Broken bones – Depending on the type of vehicle, speed it was traveling, and point of contact, a pedestrian can sustain a wide-range of broken bones, including compound fractures. Our pedestrian clients often require surgical intervention that includes permanent hardware to correct the break(s) and ensure proper healing.
Spinal cord injuries – In some cases, injured pedestrians may incur damage to their spinal cord, leaving them with permanent or temporary paralysis or loss of sensation. We always recommended that you retain experienced legal representation in these cases due to their complexity.
Wrongful death – Indiana’s wrongful death laws can be unforgiving to families that lost a loved one in a pedestrian-related accident. The reason for this is because their are strict statute of limitations that can bar any recovery if deadlines are missed. We can help you determine who has the legal right to file a claim on your loved one’s behalf as well as your statute of limitations date.
Severe cuts and punctures – Almost all of the pedestrian cases handled by Boulton Law Group see our clients suffering from various lacerations. Depending on the location and severity, clients may require corrective plastic surgery and/or treatment for infections.
Liability and insurance concerns in pedestrian accident cases
Due to the serious nature of the injuries sustained by a victim, pedestrian accident cases will often be aggressively defended by insurance companies. Tens of thousands in medical bills mean increased exposure for the insurance carrier and their goal will be to limit how much they pay out, often by any means possible.
Some of the potential liability concerns and tactics an insurance company may try to leverage, include:
- Placing a percentage of fault on the pedestrian
For example, the insurance company may say that the pedestrian did not have the right of way, or did not properly use a crosswalk.
- Trying to blame pre-existing injuries for your current pain
Insurance companies will ask injured pedestrians to sign medical records authorizations that allow them to dig into your health history. Often times, they are searching for examples of pre-existing health conditions that they will say is responsible for your current injuries.
- Relying on faulty witness statements
Insurance companies will seek out witnesses to corroborate a version of events that assign some or all fault to the victim. It is critical that you have an experienced pedestrian injury lawyer investigate evidence related to the accident that can counter or exclude improper witness statements.
Because these cases often result in tens of thousands of medical bills, lost wages, and other financial concerns, Boulton Law Group will work to ensure that all possible means of compensation are located. In addition to the defendant’s insurance policy, there may be an opportunity to recover from the victim’s underinsured policy and/or third party assets.
Talk to an award-winning Indianapolis injury lawyer
Attorney Boulton has more than 20 years’ experience helping injured people recover what was taken from them. In fact, the Boulton Law Group’s sole focus is personal injury law and absolutely nothing else.
Whether you need our help investigating liability and collecting evidence, helping deal with creditors, or proving your case to the insurance company, attorney Boulton and his staff offer their clients a first-class legal experience that makes you feel like you are family.
We also believe everyone should have access to award-winning legal representation, no matter their financial situation. This is why we offer injured pedestrians and their family a Zero Fee Guarantee. This means that you will never pay for consultations and the firm receives nothing for its legal services until we win your case.
To speak to attorney Boulton now about your potential case, call direct at 317-350-2680, or write to us by using our confidential contact form.
Attorney Matt Boulton is an award-winning personal injury attorney with more than 20 years of experience helping seriously injured people throughout Indiana reclaim what was taken from them. His firm was created for for the client who expects exceptional service and passionate, successful legal representation.