A fatal pedestrian accident in Lawrenceburg has resulted in multiple felony charges against the driver, who was allegedly operating the vehicle under the influence of alcohol and marijuana. The crash, which occurred at the intersection of U.S. 50 and Front Street, claimed the life of a 39-year-old woman, and has renewed focus on driver accountability and the legal rights available to families who lose loved ones to impaired driving. When a pedestrian is killed due to another person’s negligence, a pedestrian accident lawyer can help the surviving family members pursue justice and financial compensation through a wrongful death claim.
Toxicology testing confirmed the driver who caused the Lawrenceburg wreck had both alcohol and Tetrahydrocannabinol (THC), the primary psychoactive compound in marijuana, in his system at the time of the fatal pedestrian accident. The autopsy of the victim showed that she was also under the influence of alcohol at the time of the collision. That does not, however, absolve the driver of responsibility under Indiana law. Motorists have a legal duty to exercise reasonable care to avoid striking pedestrians, regardless of whether the pedestrian might have been impaired.
If your family has lost a loved one in a pedestrian accident in Dearborn County, Lawrenceburg, Aurora, or anywhere in Indiana, you do not have to face this difficult time alone. Contact our pedestrian accident lawyers at Young, Reverman & Bolotin today at 513-400-0000 to discuss your rights and explore your legal options.
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Understanding Liability in Indiana Pedestrian Accident Cases
Indiana law establishes clear duties for drivers when pedestrians are present on roadways. Drivers must yield to pedestrians in crosswalks, exercise heightened caution in areas where pedestrians are likely to be present, and maintain full control of their vehicles at all times. When a driver operates a vehicle while impaired by drugs or alcohol, their ability to fulfill these duties is compromised.
In cases involving intoxicated drivers, the presence of controlled substances and alcohol strengthens the basis for liability. Driving under the influence represents a clear breach of the duty of care owed to all road users, including pedestrians crossing streets in Dearborn County communities like Lawrenceburg and Aurora.
Even when a pedestrian may have contributed to an accident, such as by crossing outside a designated crosswalk or while impaired, Indiana’s comparative fault rule allows families to recover damages. The rule does provide, however, that the pedestrian cannot have been more than 50% at fault. The total recovery may then be reduced by the percentage of fault attributed to the deceased, but families can still pursue meaningful compensation through a wrongful death claim with help from a pedestrian accident lawyer.
Legal Rights Available to Families After a Fatal Pedestrian Crash
When a pedestrian is killed in a traffic accident, Indiana’s wrongful death statute allows certain family members to file a claim against the at-fault party. The personal representative of the deceased’s estate typically brings the action on behalf of surviving dependents, which may include a spouse, children, parents, or other close relatives who depended on the deceased.
Recoverable damages in a wrongful death case include:
- Funeral and burial expenses
- Medical bills incurred before death
- Loss of the deceased’s earning capacity and financial support
- Loss of companionship, guidance, and emotional support
- Mental anguish and emotional distress suffered by family members
- Punitive damages in cases involving egregious conduct such as drunk or drugged driving
Time is critical in these cases, even if criminal charges are still pending or have been dismissed. Waiting too long can result in losing the ability to seek compensation entirely.
When Criminal Charges and Civil Claims Intersect
Many families are unaware that criminal charges against a driver do not prevent them from pursuing a civil wrongful death claim. These are separate legal proceedings with different standards of proof and different outcomes.
In criminal cases, prosecutors must prove guilt beyond a reasonable doubt. The penalties focus on punishment, deterrence, and public safety. Civil cases, by contrast, require proof by a preponderance of the evidence, a lower standard. The outcomes of these cases focus on compensating the victim’s family for economic and non-economic damages.
A pedestrian accident lawyer can help families navigate both processes simultaneously. While the criminal justice system holds the defendant accountable through incarceration and fines, a civil wrongful death claim ensures the family receives the compensation for medical expenses, funeral costs, loss of financial support, and the profound emotional suffering caused by their loved one’s death.
The recent case in Lawrenceburg demonstrates this dual-track approach. The driver faces criminal prosecution that could result in prison time. However, this does not address the financial and emotional losses suffered by the victim’s family. A separate civil claim would be necessary to secure compensation for these damages.
Frequently Asked Questions
Can multiple family members file separate wrongful death claims for the same accident?
No. Indiana law requires a single wrongful death action to be brought by the personal representative of the deceased’s estate on behalf of all eligible survivors. The compensation is then distributed among qualifying family members according to Indiana’s intestacy laws or the deceased’s will. This prevents multiple lawsuits and ensures fair distribution among all dependents.
How long does it typically take to resolve a wrongful death claim after a pedestrian accident?
The timeline varies significantly based on case complexity, whether the defendant contests liability, and whether the case settles or goes to trial. Simple cases with clear liability may settle within 6–12 months, while complex cases involving disputed facts or multiple parties can take 2–3 years or longer. Your attorney can provide a more specific timeline once they review the details of your case.
How long do I have to file a wrongful death claim in Indiana?
Indiana law requires wrongful death claims to be filed within two years of the date of death. Missing this deadline typically results in losing your right to seek any compensation, regardless of how strong your case may be. It is important to consult with a pedestrian accident lawyer as soon as possible to ensure all deadlines are met and evidence is preserved.
Moving Forward After Tragedy
No amount of money can bring back a loved one lost in a pedestrian accident. However, financial recovery can ease the burden of medical bills, funeral expenses, and lost income, allowing families to focus on healing rather than financial survival.
If you have lost a loved one in a pedestrian accident caused by an impaired or negligent driver, contact Young, Reverman & Bolotin today at 513-400-0000 for a free consultation. We are committed to fighting for justice and the full compensation your family deserves during this difficult time.
