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?

Rights Surrounding Pedestrian Accidents and Injuries

Pedestrian Injury Claims 317-881-2700

Pedestrian Injury Claims 317-881-2700

Pedestrian accidents are very unfortunate and often times fatal. With fall coming to an end and spring tapping on our shoulders, more and more people are venturing out onto the sidewalks and streets for warm weather recreational fun. Bikers, joggers, dog walkers, kids walking home from school, and more are all vulnerable to becoming victims of motor vehicle accidents and pedestrian injuries.

Unfortunately, pedestrian accidents and fatalities occur more often than we would think. Recent statistics demonstrate that over seventy-five thousand people are injured in pedestrian incidents each year; and from those numbers, more than 5,000 are fatal. Statistics also show that the majority of pedestrian injuries occur in urban areas that are heavily populated; while the majority of fatalities occur in rural areas because speed limits are often higher and people drive faster. When it comes down to safety, pedestrians cannot be protected from reckless drivers and traffic, making it more likely for them to sustain serious and severe injuries.

Pedestrian accidents and injuries and was happen during rush-hour periods and heavy traffic times. In fact, these accidents seem to frequently take place between the hours of 3 PM and 4 PM on weekdays. During these times, people are commonly distracted by their eagerness to get home from work or being rushed to pick up their kids from school, and so on. Also during these times, cyclists and pedestrians are sharing these same roads and sidewalks as rush hour traffic. This mix is a common catalyst for pedestrian accidents. Anyone harmed or killed in a pedestrian accident is a victim to matter what the case; however, there are some circumstances in which the pedestrian is at fault instead of the driver. Continue reading to learn these circumstances and more regarding the laws surrounding pedestrian accidents and injuries.

When is a Driver “At Fault” in a Pedestrian Accident?

When a pedestrian is harmed or killed as a result of drivers’ negligence or carelessness, they become a victim of personal injury or fatality. There are several circumstances in which a driver can be “at fault” for pedestrian incident. Many pedestrian accidents occur from drunk driving cases. Other pedestrian personal injuries result from negligent driving, reckless driving, speeding, driving under the influence of an illegal substance, distracted driving, and much more. Any driver that has harmed or killed a pedestrian while demonstrating these behaviors is the “at fault” individual or party within a personal injury lawsuit. If any of these situations have recently taken place in the lives that you are loved one, immediately contact an Indianapolis pedestrian accident attorney at 317-881-2700 right away. The sooner you take action on a personal injury claim, the more ahead you’ll be in your case.

When is a Pedestrian “At Fault” for Sustaining Injuries in a Motor Vehicle Accident?

Although it can be hard to imagine, there are situations in which a pedestrian can be “at fault” for sustaining injuries in a motor vehicle accident. For example, if a person neglects to obey pedestrian traffic signals and commands, and then gets hit by a car, they will most likely be labeled the “at fault” or negligent party within a pedestrian accident lawsuit. Pedestrians can also exhibit other careless behaviors that can cause them to become victims of hit and run or car accidents; such as starting out in front of traffic, jaywalking, disregarding designated crosswalks, or attends to walk along the road with limited pedestrian access. If a person on foot or bicycle demonstrates any of these careless behaviors, they may have a hard time winning a personal injury accident lawsuit.

Indianapolis Pedestrian Accident Lawyers

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 and schedule your free initial consultation with our pedestrian accident attorneys in Indianapolis, Indiana today. We are highly proficient and experienced personal injury attorneys that are well-versed in pedestrian accident law in Indiana. Our staff is more than happy to answer your questions regarding a potential pedestrian accident injury claim. If you are loved one has been recently injured as a pedestrian, take immediate action so to stay within Indiana statutes of limitations for filing a personal injury claim. You never require startup money as a client of our law firm because our attorneys do not collect or charge lawyer fees unless we win your case. Contact Craven, Hoover, and Blazek P.C. at 317-881-2700 for more information about pedestrian accident laws in Indiana today.