In most cases of pedestrian car accidents, the ultimate cause is negligence. Common acts of negligence in such cases include reckless driving, intoxicated driving, underage driving, failing to keep a proper lookout and speeding. On the other end of the spectrum, a pedestrian can also be negligent in some motor vehicle accident situations.
Continue reading to learn who is liable when a driver hits a pedestrian, as well as additional frequently asked legal questions about such incidents and injuries.
Below, please review some frequently asked legal questions about driver-pedestrian car accidents in Indiana. If you have not yet spoken with an Indiana personal injury lawyer about filing a claim against the at-fault party, be sure to do so immediately. There are time limits on making accident claims in Indiana, so do not hesitate to learn about your rights to recovering full and fair compensation for your losses.
Who is Held Responsible in a Car and Pedestrian Accident?
The state of Indiana uses a comparative negligence analysis to determine who is liable for an accident, and by how much. See our blog, “What is Comparative Fault Analysis in a Personal Injury Case?” to learn more about this legal principle and how it works. Essentially, whichever party is less than 51% at-fault for the accident is the party who can potentially recover damages in a personal injury lawsuit. Liability in pedestrian car accident cases vary depending on the unique facts and circumstances of each case, so in order to know where you stand, you must speak with a licensed Indiana car accident lawyer for personalized guidance.
Can a Pedestrian Sue a Driver for Hitting Them?
As discussed in the last question, Indiana is a comparative fault state, which means that if a driver is 51% at-fault or more for a pedestrian accident, they are likely to be the liable party. For instance, if you cross a major intersection outside of an established crosswalk, and a driver hits you as they were speeding under the influence of alcohol, you may still be able to file a claim with the driver’s insurance carrier and recover certain damages. In an opposite example, if a pedestrian is under the influence of drugs or alcohol, and wanders out into the middle of traffic, they would likely not recover damages in the case of a car accident.
Who Pays the Verdict or Settlement?
In nearly all situations, when a plaintiff/pedestrian receives a settlement or verdict from an at-fault driver, it is the at-fault driver’s insurance company that pays the verdict or settlement amount. In Indiana, there is a judge made rule that seeks to keep the jury from hearing this fact and keeps the jury from hearing that the at-fault driver had auto insurance at all.
Can a Driver Be Arrested and Charged for Hitting a Pedestrian?
There are many situations in which a driver might face criminal charges if they hit a pedestrian. Circumstances that might render these legal repercussions include fatalities, intoxicated driving, high driving, etc…
How Do I Make a Personal Injury Claim as an Injured Pedestrian?
Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with our licensed Indianapolis accident injury attorneys who can determine the best strategies for your pedestrian accident claim. Not only does our law firm offer free consultations, we never collect lawyer fees unless we recover a settlement for you! Call our personal injury law firm to get started on your pedestrian car accident claim, today. We represent clients throughout the State of Indiana.