Legal Question in Personal Injury in Indiana

Legal Rights of Injured Pedestrians in Indiana

A family member of mine was struck by a car and killed. This accident occured in Indiana and it is my understanding that in the state of Indiana there are not laws set to compensate the dead pedestrians family members (minor children and husband). We were told that if my family member would have been in a car instead of walking the compensation given would have been greater. Can you give me a source to find the pedestrian laws in Indiana?

Asked on 9/09/01, 5:37 pm

4 Answers from Attorneys

Jeffrey Friedman Law Office of Jeffrey Friedman

Re: Legal Rights of Injured Pedestrians in Indiana

Please be very skeptical of claims that the status of the victim (pedestrian or motorist) determines his or her rights against the wrongdoer. In general, a victim of negligence may recover if he or she establishes the elements of negligence, and has nothing to do with who the victim is, unless it is shown that the victim is indeed the one at fault. Please consult with an attorney who will review the circumstances of this situation thoroughly.

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Answered on 10/26/01, 10:46 am
C. David DuMond Law Offices of David DuMond

Re: Legal Rights of Injured Pedestrians in Indiana

It is untrue that Indiana law treats pedestrians differently than passengers. Have you, by any chance, been lied to by an insurance adjuster? The issues for a pedestrian or passenger in an automobile accident are the same: was the driver of the other car at fault? Did the injured or killed person do anything to contribute to the accident? The surviving husband and children should consult with attorneys as soon as possible, and absolutely do not rely on statements made by insurance company representatives.

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Answered on 10/25/01, 6:59 pm
Michael Cortson Law Office of Michael D. Cortson, Esq.

Re: Legal Rights of Injured Pedestrians in Indiana

I have handled such matters before. The wrongful death statutes in Indiana are awful. Who would be the personal reresentative for the estate? I have a similar case pending before the Supreme Court. I you need help call me on my personal line, 219-340-3890.

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Answered on 10/25/01, 9:55 pm
Brian Halloran Brooking and Halloran, PLLC

Re: Legal Rights of Injured Pedestrians in Indiana

Along the lines of Mr. DuMonds response, keep in mind that Insurance Adjustors may not advise you on legal matters and if this erroneous information was given to you by an adjustor in an attempt to get you to settle the claim short of it's true value, you may have a bad faith claim against the insurance company, as well as an unauthorized practice of law claim. You need to consult an attorney in person. This issue is much to serious for the internet and emails. Call one of the attorneys here, or call the Indiana State Bar Association and ask for the Lawyer Referral program. They will be able to help you find a good attorney. Good Luck!

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Answered on 11/06/01, 2:06 pm

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