What You Need to Know About Pedestrian Car Accident Injury Cases

Car and traffic accidents, like collisions, rearends, fender benders, side-swipes, and off-road wrecks, typically involve automobiles. Yet, there is another common type of victim that can exist in a motor vehicle accident: those on foot, or in the terms of traffic law, pedestrians. So, what are the lawful rights for a pedestrian who has been hit or injured by a driver? Depending on certain and specific criteria, a pedestrian may or may not have legal rights to a settlement for any damages or losses sustained as a result of their accident. Although a harsh possibility, anyone injured in a pedestrian car accident should consult with an experienced personal injury lawyer to confirm their options for pursing legal action against a wrongful party.

Continue reading to learn more about pedestrian rights, including the potential legal opportunities for pedestrians injured in a car accident.

Pedestrian Injury Lawyer Indianapolis Indiana 317-881-2700
Pedestrian Injury Lawyer Indianapolis Indiana 317-881-2700

Right of Way for Pedestrians and Drivers

The first aspect to consider in a car accident pedestrian injury case is fault. Was it the driver’s fault for hitting the pedestrian with their vehicle? Or was it the pedestrian’s fault that the driver hit them? Depending on the circumstances of the accident, it could go either way. In drivers’ education, they avidly teach pupils that pedestrians always have the right of way, and to always yield to pedestrians at marked crosswalks, parking lots, and other designated areas decreed in the state’s vehicle code.

Drivers’ education curriculum also covers a driver’s legal responsibility to obey all traffic laws, traffic signals, traffic signs, and speed limits. If a pedestrian is struck by a driver who is violating any traffic laws, the driver is automatically to blame for the accident. However, not all pedestrian car accident injury cases so cut-and-dry. If an individual is walking in a non-pedestrian designated area, like the side of the interstate or through the middle of a major roadway, then they are likely to be apportioned the majority of the fault if struck by a vehicle.

Personal Injury Compensation For Injured Pedestrians

If a pedestrian suffers injuries after being hit by a car because the driver was disobeying traffic laws, they are likely to be compensated by the driver’s insurance carrier. Injured pedestrians can collect compensation for their medical expenses, hospital bills, lost wages, pain-and-suffering, and more, depending on the severity of their injuries.  If an at-fault driver is insured, a lawsuit can be filed against the at-fault driver and their insurance carrier pays and judgment or settlement.

If a driver is not insured, which is not usually the case, an injured victim can pursue a personal injury lawsuit against them in civil court. If the driver does not retain any significant assets or finances to garnish, which is usually the case since the person did not even have auto insurance, the injured victim can make an uninsured motorist claim and attempt to collect their damages from their own insurance policy if they have uninsured motorist coverage.  It is vital to all persons to purchase uninsured motorist coverage when they buy an auto policy so that they and anyone else in their vehicle is fully protected and collect for any personal injury damages.

It is possible for an injured pedestrian to walk away empty handed if there is no insurance coverages available or money to pay for their damages.

Are you an injured pedestrian looking for legal answers to your personal injury questions in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation with an Indianapolis pedestrian injury lawyer, today. We represent clients throughout the state, plus Indiana residents injured in other states and residents from other states injured in Indiana.

Related Posts:

Are Bicyclists Considered Drivers if They Ride on the Street?
A Brief Overview of Indiana Pedestrian Laws
Who is Liable When a Driver Hits a Pedestrian?

Learn About Bicycle Accident Injuries and Lawsuits

Bicycle Accident Claims 317-881-2700

Bicycle Accident Claims 317-881-2700

It is likely for bicyclists to recover compensation for injuries sustained as a result of another person or entity’s negligence. Winning bicycle accident injury cases is a possible feat; however, it requires highly acute and professional legal counsel. It is important to hire an accomplished personal injury attorney in order to win a bicycle injury lawsuit. They can either negotiate a settlement, or take it to court for trial.

The specific circumstances of the accident, the actions of the individuals involved, and the injuries sustained determine a victim’s eligibility for compensation and their likelihood of winning their case. Continue reading to learn more about bike accident injury claims, and who to talk to for answers you can trust.

Bicycling Rules and Rights

Bicyclists are protected by local and state law, and have rights on the road just like drivers and pedestrians. Not all roads allow bikers and pedestrians, but on roads that do, everyone is expected to obey the rules of the road and each other. This includes bikers, walkers, joggers, and drivers alike. Negligent accidents happen to bicyclists when drivers are distracted, careless, or under the influence. Driver carelessness is one of the main causes for bicycle accident injuries in America. People injured on a bicycle by a negligent driver has a good chance of winning a case against them for their injuries and damages. Again, it is vital to hire a respected personal injury lawyer for professional legal guidance and counsel.

There are several circumstances that involve or cause bicycle accidents. For example, if park administrators fail to post signs for speed limits, or assign proper bicycle paths, they can be held accountable for injuries sustained by a biker for those specific causes. If a person is driving under the influence of drugs or alcohol, and injures a bike rider, their Breathalyzer and sobriety tests can be used as irrefutable evidence against them in a court of law.

Although bicycle riders are often injured by negligent drivers, there are cases in which the biker themselves is responsible for their injuries or accidents. For example, if a person is riding their bicycle in the dark without proper reflective lighting or apparel, they may not have a strong case against a driver that hits or injures them. It can be pointed out by opposing counsel that the biker was not using responsible judgment by riding their bike at night without appropriate gear. If the biker was under the influence themselves at the time of the accident, it can also be used against their case in a court of law. So long as the bike rider was obeying all the rules of the road and all traffic laws, they will most likely not be considered a negligent party in an accident injury case.

Bicycle Pedestrian Accident Attorneys

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for details about bicycle accident injury claims and pedestrian accidents in Indianapolis, Indiana. We offer free initial consultations to assess your case and determine if you are eligible for compensation for your damages.

Parking Lot Personal Injury Accident Information

Pedestrian Accident Lawyers 317-881-2700

Pedestrian Accident Lawyers 317-881-2700

It is astonishing to learn that nearly 50 percent of all auto accidents happen in parking lots? It is incredible that so many car accidents happen in parking lots; areas where drivers should be using low speeds while looking out for pedestrians and other drivers. On the other hand, it is understandable why several parking lot car accidents occur so often. They are confined spaces in which several variations of driving happen.

Pulling out of parking spots, parking, cruising over speed bumps, turning corners, peering through lanes for available spots, and more are examples of what happens on a daily basis in a commercial or residential parking lot. Pedestrians, shopping carts, speed bumps, handicap spaces, and other drivers are all potential distractions or obstructions in a parking lot.

Parking Lot Accidents

Pedestrians and other drivers are the usual victims of parking lot car accidents. Accidents in parking lots happen for several reasons. For example, cars backing up can bump into people or other parked cars, two cars backing up at the same time can run into each other, blind spots can cause drivers to hit pedestrians, and much more. The possibilities are endless. Although parking lot accidents typically occur at low speeds, injuries can still be severe or even fatal.

If another driver or entity is responsible for an accident resulting in a person’s injury, they can be held accountable for their negligence in a court of law. It is important is obtain fair and full compensation for injuries sustained in these types of accidents; especially if the other driver or property is at fault. Determining who is at fault in a parking lot accident can be complicated and very confusing. Many times, people are unaware that someone or something is responsible for the accident.

It is vital to consult a personal injury lawyer for advice and legal counsel. They are able to quickly determine if you are entitled to compensation for injuries and damages following the parking lot accident. An experienced personal injury auto accident attorney can assess whether or not the other driver or property was negligent.

Car Accident Injury Lawyers

Personal Injury Attorney Indianapolis

Personal Injury Attorneys 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with one of our seasoned car accident injury lawyers in Indianapolis, Indiana. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek have extensive trial and litigation experience in car accident injury cases. We offer first consultations at no charge, and if we accept your personal injury case, we do not collect lawyer fees unless we recover compensation for you! Call 317-881-2700 to speak with a knowledgeable attendant about your recent parking lot accident in Indianapolis, IN.

A Courtesy Wave Can Hold Drivers Liable for Pedestrian Injuries

Pedestrian Injury Claims 317-881-2700

Pedestrian Injury Claims 317-881-2700

Are you the type of driver that happily pauses and waves on other cars and passer-byers on the road? If so, this politeness can sometimes create liability on your part if your courtesy causes another person to have an accident. In Indiana, anyone can be held liable for another person’s damages and losses if their negligence causes that person to become a victim of a serious injury.

This means a good-mannered wave to another pedestrian, biker, or driver creates a duty of care to ensure the wave is not putting them into harm’s way. Continue reading to learn more about what this duty of care means, and how a polite wave to another pedestrian can hold you liable for subsequent accidents and injuries.

Be Careful Giving the “OK” to Pedestrians

When you are driving your car and see someone on foot or bike attempting to pass the street, it is unlawful to stop and allow them to go unless it is at a designated cross-walk. If you do, however, decide to stop and allow a pedestrian the right-away by means of friendly waving, you better be sure there isn’t traffic coming the other way that the pedestrian cannot see. If there is another car that drives by in the other lane, and it hits the pedestrian you waved through, you could be held liable for their injuries and losses.

Pedestrian Injury Claims 317-881-2700

Pedestrian Accident Claims 317-881-2700

When you give a pedestrian the “right to cross” you are taking on a duty of care that the pedestrian will be safe at your gesture to cross the road. If you were to wave to a pedestrian to cross in front of your car, you need to be sure that the passage is safe for them in ALL lanes and on ALL sides. Otherwise, you are responsible for any accidents since you signaled that it was okay to cross. You would be blamed for allowing the pedestrian to cross the road and walk into ongoing traffic. This is especially applicable to child injuries and accidents since children trust adults for guidance and are not mature enough to properly gauge danger.

If you were involved in an accident that resulted from a friendly wave, it is vital to contact a personal injury attorney for legal representation. You may be entitled to compensation for your losses, by both the insurance company and the person who caused your injuries. For pedestrian injuries, retaining a licensed accident lawyer is your best opportunity at recovering the full and fair compensation you deserve.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers

Personal Injury Lawyers 317-881-2700

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a compassionate pedestrian accident attorney you can trust. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek are seasoned litigators with decades of experience practicing personal injury law. First consultations are free and we never collect lawyer fees unless we successfully recover for you. Call 317-881-2700 and schedule a free initial consultation with an Indianapolis personal injury lawyer to assess your case and file your claim today.