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Des Moines, Iowa Personal Injury Lawyers

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Johnston Pedestrian Accident Lawyer

4.8 Rating - 163 Reviews

Pedestrian Accident Lawyer Johnston, IA

If you were hit by a car while walking in Johnston, the injuries you sustained may be far more severe than what you would expect from a standard traffic accident. Pedestrians have no barrier between them and a moving vehicle, and the medical consequences can include fractured bones, head injuries, internal bleeding, spinal damage which can require months or even years of treatment.

Our Johnston, IA pedestrian accident lawyer at Law Group of Iowa has represented injured pedestrians across Iowa for more than two decades. We offer free consultations, and you pay nothing unless we recover compensation on your behalf.

Why Choose Law Group of Iowa for Pedestrian Accident Cases in Johnston, IA?

Founding Partners With Decades of Personal Injury Experience

Christopher Martineau has practiced since 2003, handling automobile collisions, construction injuries, premises liability claims, and wrongful death cases. He is a member of the Million Dollar Advocates Forum, an organization that limits membership to attorneys who have obtained verdicts or settlements above one million dollars. He also belongs to the Minnesota State Bar Association.

Christopher Johnston has practiced since 2001 and handles pedestrian accidents, car crashes, motorcycle collisions, wrongful death claims, semi-truck cases, and civil rights matters. Chris is admitted in Iowa, Minnesota, the U.S. Court of Appeals for the 8th Circuit, and Federal Court in Minnesota. He was recognized as Up and Coming Attorney of The Year in 2007 and named a Rising Star by Minnesota Law and Politics in 2011. His memberships include the American Association for Justice and the Iowa Bar Association.

Law Group of Iowa has helped clients across the state recover millions of dollars in personal injury cases, and that track record gives insurance adjusters reason to take our clients’ claims seriously from the outset.

We Counter the Blame Game With Evidence

The insurance company defending the driver will almost certainly argue that you, the pedestrian, share responsibility for the collision. They may claim you crossed outside a crosswalk, that you weren’t paying attention, or that visibility was poor. We’ve encountered every version of this defense, and we know how to respond with the kind of evidence that shifts the narrative back to where it belongs: on the driver who hit you.

We secure traffic camera footage before it is deleted, interview witnesses while their memories are fresh, and work with accident reconstruction professionals when the facts are disputed. As a personal injury attorney in Johnston, IA, we prepare every pedestrian case with the assumption that it will go to trial, because that preparation is what drives fair settlement offers.

You Pay Nothing Unless We Win

We take pedestrian accident cases on a contingency fee basis. There is no retainer, no hourly rate, and no upfront cost. If we don’t recover compensation for you, you owe us nothing.

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“Johnston/Martineau is an excellent personal injury firm. They are very attentive to their clients and take the time to answer any and all questions to ease the process as much as possible, allowing clients to focus on their healing. I would highly recommend them!” — Debra Larson

Read more reviews on our Google Business Profile.

Types of Pedestrian Accident Cases We Handle in Johnston

Pedestrian accidents happen across a range of settings in Johnston, and the circumstances surrounding the collision determine who is liable and what legal theories apply. Here are the pedestrian cases our attorneys handle.

  • Crosswalk accidents. Drivers who fail to yield at marked or unmarked crosswalks violate Iowa law. We pursue full compensation in these cases, which often involve severe injuries including traumatic brain injuries and spinal cord damage.
  • Intersection collisions. Many pedestrian accidents in Johnston occur when a driver making a left or right turn focuses on traffic gaps instead of checking for people already in the crosswalk. These crashes produce serious injuries because the pedestrian is struck with little or no warning.
  • Hit-and-run crashes. NHTSA pedestrian data shows that roughly one in four fatal pedestrian crashes nationally involves a driver who left the scene. When the driver flees, we work with law enforcement and pursue recovery through the victim’s own uninsured motorist coverage.
  • Distracted driving collisions. A driver who is texting, adjusting their GPS, or focused on something other than the road may not notice a pedestrian until it is too late. Establishing driver negligence in these cases requires phone records, witness testimony, and sometimes accident reconstruction.
  • Parking lot and driveway accidents. Drivers backing out of spaces or pulling through driveways without checking for pedestrians cause injuries that are more common than most people realize, and children and older adults are at the greatest risk in these situations.
  • Impaired driver crashes. A drunk or drug-impaired driver who strikes a pedestrian may face a claim for punitive damages in addition to standard compensation, depending on the level of impairment and the circumstances of the crash.

Iowa Legal Requirements for Pedestrian Accident Cases

Iowa law provides specific protections for pedestrians, but it also contains rules that can reduce or eliminate your recovery if they work against you. The details matter.

Iowa Code § 321.327 requires drivers to yield the right of way to pedestrians within marked crosswalks and within unmarked crosswalks at intersections. A driver who fails to yield commits a misdemeanor under the statute, and that violation serves as strong evidence of negligence in any civil claim that follows.

Under Iowa Code Chapter 668, Iowa uses a modified comparative fault system. If the insurance company convinces a jury that you were partly responsible for the accident, your compensation is reduced by whatever percentage of fault they assign to you. A pedestrian found 20% at fault on a $250,000 claim would recover $200,000. The cutoff that changes everything is 51% and once you hit that number, Iowa law bars you from collecting any damages at all. Insurance adjusters argue comparative fault in nearly every pedestrian case, which is why having a pedestrian accident attorney in Johnston, IA who can dismantle those arguments with evidence is worth the investment.

The statute of limitations for a pedestrian injury claim is two years from the date of the accident under Iowa Code § 614.1(2). Wrongful death claims also carry a two-year deadline, running from the date of death. For minors, Iowa Code § 614.8 generally extends the deadline to one year after the child turns 18, though a parent can file sooner.

What Damages Are Recoverable in Johnston Pedestrian Accident Cases?

Pedestrian injuries are often among the most severe in personal injury law, and the damages in these cases tend to be substantial.

Economic damages cover the documented financial losses that flow from the accident. Emergency room treatment, surgery, hospitalization, imaging, physical therapy, medication, and whatever future medical care your doctors project are all included. If the accident caused you to miss work, or if your injuries have permanently limited your earning capacity, those losses are part of the claim. Some pedestrian accident victims need assistive devices, home modifications, or in-home care, and those costs are recoverable as well. Getting medical attention promptly after a pedestrian accident matters both for your health and for the strength of your legal case.

Non-economic damages address the harm that cannot be measured in bills and receipts. Physical pain, emotional distress, anxiety, depression, loss of sleep, and the inability to participate in activities you enjoyed before the accident are all compensable under Iowa law. Iowa does not cap non-economic damages in most personal injury cases, and juries have wide latitude to award what they believe the evidence supports.

Punitive damages may apply when the driver’s conduct was willful and wanton, for instance, a motorist who was intoxicated or who deliberately ran a traffic signal before striking a pedestrian. These awards require clear and convincing evidence and are intended to punish reckless behavior.

When a pedestrian accident results in death, surviving family members can file a wrongful death claim. Funeral costs, the deceased’s projected future income, loss of companionship, and the emotional suffering of surviving relatives are all recoverable.

Contact Law Group of Iowa

If you or a family member was struck by a vehicle in Johnston, IA, our attorneys will review your case at no cost and with no obligation. We handle pedestrian accident claims on a contingency basis, and you owe nothing unless we recover for you.

We will go through the details of your accident, explain how Iowa law applies to your specific situation, and provide an honest assessment of what your case may be worth. We are available by phone or can set up a meeting at a time that works for you.

Contact us to speak with a pedestrian accident attorney in Johnston about your claim.

Law Group of Iowa

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