Being a pedestrian should be one of the safest ways to travel; however, pedestrian accidents remain a serious issue across Indiana. From bustling city streets to quiet suburban neighborhoods, unfortunately negligently driving a vehicle and hitting a pedestrian can lead to severe injuries, emotional distress, and financial hardship.

If you or someone you know has been injured or killed in a pedestrian accident, understanding your legal rights is vital. This guide walks you through pedestrian accident statistics in Indiana, legal protections available to injured pedestrians, and how to take steps to secure the justice and compensation you deserve.

Call 317-881-2700 to Speak With Our Indiana Pedestrian Accident Lawyers

Understanding Pedestrian Accidents in Indiana

Alarming Statistics on Pedestrian Accidents

Pedestrian accidents are more common than many might think. Recent data from the Indiana Criminal Justice Institute shows troubling trends:

Between 2017 and 2022, Indiana reported an average of 1,500 pedestrian accidents annually.
Fatal pedestrian accidents have steadily risen, with urban areas accounting for a majority of cases.
Distracted driving, speeding, and failure to yield are leading contributors to pedestrian injuries and deaths.

For every figure reported, there’s a person whose life was turned upside down. These accidents take a heavy toll, not only physically but also emotionally and financially.

Common Causes of Pedestrian Accidents

Understanding the common causes of pedestrian accidents can help victims and their families recognize liability:

Distracted Driving: Drivers using phones or other devices often fail to notice pedestrians in time. Eating, drinking, putting on makeup and addressing others in your vehicle also contribute to accidents.
Impaired Driving: Alcohol and drug use behind the wheel are recurring factors in pedestrian accidents.
Driver Negligence: Failing to yield at crosswalks, ignoring traffic signals, or violating pedestrian laws endangers walkers.
Poor Visibility: Nighttime conditions, poor or inoperable headlights and failure to use glasses or have regular vision exams by drivers contribute to accidents.

Recognizing the cause of an accident is crucial, as it plays a key role in determining legal responsibility.

Impact on Victims

Pedestrian accidents often result in catastrophic injuries, including fractures, traumatic brain injuries, and spinal damage. Beyond physical harm, victims may find themselves drowning in medical bills, unable to work, and struggling to process the trauma. Having avenues for accountability and compensation can bring a sense of justice while easing some of the financial burdens.

What Are the Legal Rights of Injured Pedestrians?

Pedestrians in Indiana have specific rights designed to protect them under the law. Understanding these rights is the first step to ensuring fair treatment and justice after an accident.

Indiana Pedestrian Accident Laws

Indiana law prioritizes pedestrian safety and assigns a degree of accountability to motorists:

The Right of Way: Drivers are expected to yield to pedestrians at marked and unmarked crosswalks under state traffic laws.
Duty of Care: Motorists are required to exercise caution in areas with pedestrian traffic, including near schools, parks, and neighborhoods.
Anti-Hit and Run Laws: Leaving the scene after striking a pedestrian is a crime in Indiana, subject to significant legal penalties.

Non-compliance with these laws may result in the driver being held legally responsible for a pedestrian’s injuries.

Legal Recourse for Injured Pedestrians

If you’ve been injured as a pedestrian, you may have the right to:

File a Personal Injury Claim: Compensation may be sought to cover medical expenses, loss of income, and pain and suffering.
Pursue Negligence Claims: Proving that a motorist acted negligently (e.g., distracted or reckless driving) opens the door for financial recovery.
Access Insurance Benefits: Pedestrians injured in hit-and-run accidents may be able to access uninsured motorist benefits through their own insurance policies and the automobile liability insurance policies of negligent drivers.

Navigating Indiana’s legal landscape—and knowing when to involve the court—can help secure monetary relief for damages caused.

Steps to Protect Your Rights as an Injured Pedestrian

Take Immediate Action After the Accident

The moments following a pedestrian accident are critical. Here’s what you should do:

1. Call Emergency Services

Seek immediate medical help, even if injuries seem minor at the time. An official police report and EMS record can provide valuable documentation.

2. Gather Information

Take note of the driver’s contact and insurance details.
Capture photos or videos of the accident scene, vehicle damage, road conditions, and injuries.
Obtain names and contact information from any eyewitnesses.
If you are too injured, have a witness or other person who comes upon the scene obtain this information.

3. Report the Accident

File a formal report with law enforcement if one isn’t done at the scene for some reason.
Talk with your own attorney and notify your insurance company to start the claims process promptly.

Document Evidence Thoroughly

Solid evidence strengthens claims and helps document a strong case:

Keep medical records detailing your injuries and treatments. Your attorney will help.
Save copies of accident reports and insurance correspondence. Your attorney will help.
Save all witness contact data, photos, videos, etc… Your attorney will help.

Avoid Speaking to Insurance Adjusters Alone

Insurance companies often aim to minimize payouts, which is why it’s important to avoid signing agreements or giving recorded statements before consulting legal counsel.

Why You Need an Indiana Personal Injury Attorney

Navigating the legal system can feel overwhelming when dealing with physical and emotional recovery, especially since you do not know all the rules and laws which need to be followed. Partnering with an experienced personal injury attorney will make all the difference.

Expertise in Pedestrian Accident Claims

An Indiana personal injury attorney brings knowledge of intricate state laws, including pedestrian-related protections. They’ll provide guidance on:

Analyzing the specifics of your case.
Negotiating full and fair settlements with insurance companies.
Pursuing litigation if necessary to ensure you receive just compensation.

Legal Representation Protects Your Interests

Attorneys handle the complexities so you can focus on recovery. Key benefits include:

Thorough Investigation: They’ll uncover evidence, interview witnesses, and consult experts.
Maximized Compensation: Attorneys calculate damages accurately to account for long-term impacts like lost earning potential, permanent pain and suffering and loss of enjoyment of life or ongoing therapy and other medical care.
Peace of Mind: Legal matters will be managed professionally, allowing you to focus on rebuilding your life.

KEY POINTS

When it comes to pedestrian safety, knowledge is your greatest resource. Understanding Indiana pedestrian accident laws and taking the right steps after an injury can empower you to seek justice and full and fair compensation.

If you or a loved one has been injured in a pedestrian accident, don’t wait. Whether it’s dealing with insurance companies, proving negligence, or guiding you through court proceedings, experienced Indiana personal injury attorneys are here to protect your rights.

Act now to take the first step toward justice, accountability, and recovery. Contact Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with an experienced personal injury lawyer who is well-versed in pedestrian accidents in Indiana. We represent clients throughout the state, plus Indiana residents injured in other states and residents from other states injured in Indiana. We have collected millions and millions of dollars in settlements and jury verdicts for our clients over the last 30 years. Do not wait – act now while you still have time!

Experiencing a hit and run accident is a traumatic event that can leave victims feeling helpless and uncertain about their rights. In Indiana, where hit-and-run incidents are alarmingly common, victims should be aware of their legal rights and the course of action they can pursue.

This blog post aims to provide an informative guide on the legal rights of car accident victims in Indiana, shed light on the role of hit and run accident lawyers, and offer insight into the process of filing a personal injury lawsuit. Here, we unpack the complex legal landscape and provide you with the knowledge you need to navigate your way toward justice and compensation.

Call 317-881-2700 to Speak With a Hit and Run Injury Lawyer in Indianapolis Indiana

Understanding Hit and Run Accidents

A hit and run accident occurs when a driver involved in a collision flees the scene without exchanging their personal and insurance information with the other party. Sadly, such accidents are all too common on Indiana’s roads, with over 3,500 hit and runs reported in 2022 alone. These accidents can result in serious injuries or even fatalities, leaving victims and their families to deal with physical, emotional, and financial consequences.

Injuries sustained can range from minor to life-threatening. Pedestrians are particularly vulnerable to hit-and-run accidents, and injuries often include broken bones, head trauma, and internal organ damage. In car accidents, victims can suffer cuts, bruises, whiplash, and more severe injuries such as spinal cord injuries and traumatic brain injuries (TBIs). It’s important for those who have been injured in a hit-and-run accident to seek medical attention and contact the authorities for help.

Legal Rights of Hit-and-Run Victims

Under Indiana law, hit-and-run car accidents are treated as criminal offenses, and the driver who flees the scene can face severe penalties if caught. As a victim of such an accident, you have the right to hold the responsible party accountable and seek compensation for your losses.

First and Always Call the Police

For any hit and run incident or any incident at all, always call the police and make sure that a police report is made. The police will take down information that is vital to your case including the fact the incident happened and where.

Seeking Compensation

If you have sustained injuries or property damage in a pedestrian or car accident, you may be entitled to financial compensation. In Indiana, personal injury accident victims can pursue compensation through their own insurance company’s uninsured motorist coverage. However, this process can be complex and requires the assistance of an experienced personal injury lawyer.

Time Limit for Filing a Lawsuit

In Indiana, the statute of limitations for filing a personal injury lawsuit in a hit and run accident is two years from the date of the incident in most situations. Therefore, it is crucial to consult with an experienced auto accident lawyer and take legal action within this time frame to protect your rights and receive fair compensation. It is always best to contact an attorney as soon as possible following the incident so vital facts and evidence can be obtained and stored.

The Role of Hit and Run Accident Lawyers

Navigating the legal process can be overwhelming for accident victims, especially when dealing with a hit and run incident. A skilled and knowledgeable hit and run accident attorney can provide valuable guidance and support throughout every step of your case. They can help you gather evidence, negotiate with insurance companies, and represent you in court if necessary. Most personal injury law firms work on a contingency fee basis, meaning they only get paid if you receive compensation for your injuries. This allows victims to seek legal representation without worrying about upfront fees and ensures that their lawyer will strive for the best possible outcome for their client.

Conclusion

Being involved in a hit and run accident is a distressing experience, but it’s essential to remember that you have rights as a victim. Seeking legal guidance from hit and run accident lawyers can help you understand your options and hold the responsible party accountable for their actions. So, know your rights and take the necessary steps to protect them. Remember, you are not alone, and help is available to guide you towards a fair resolution. Let’s work together to make our roads safer for everyone.

Are you or a loved one currently dealing with the aftermath of a hit and run accident? Contact the law firm of Craven, Hoover, and Blazek P.C. at 317-881-2700 today.Our Indianapolis civil litigators provide free initial consultations and never collect lawyer fees unless we recover a settlement or verdict for you. Whether hit while walking, riding, or driving, you have rights. Call today before time runs out and evidence disappears.

Craven, Hoover, & Blazek P.C.

Tag Archives: hit and run accident attorney

The Legal Rights of Wrongly Injured Pedestrians in Indiana