Understanding Who is Liable in a Pedestrian Accident Case

Pedestrian accidents can be devastating, leading to serious injuries and even death. But when it comes to who is liable for the accident, things can quickly become complicated. If you’ve been involved in a pedestrian accident, it’s important to understand your rights and who may be responsible for the subsequent damages.

In this blog post, we will discuss some of the most common scenarios involving pedestrian accidents and outline how liability is determined in each case. From understanding negligence laws to filing an insurance claim, we’ll cover everything you need to know about navigating a pedestrian accident case so that you can seek justice and financial compensation for any injuries or losses sustained because of the incident.

Call 317-881-2700 to Speak With a Pedestrian Injury Attorney in Indianapolis Indiana
Call 317-881-2700 to Speak With a Pedestrian Injury Attorney in Indianapolis Indiana

Pedestrian Accident Liability Information

When a Driver is Involved

In most cases, liability for a pedestrian accident will fall on the driver of the vehicle involved. This is because drivers have a duty of care to other motorists, cyclists, and pedestrians on the road. If a motorist fails to obey traffic laws or otherwise acts in a negligent manner that causes harm to another person, they can be held liable for any resulting injuries and related damages and you can seek compensation from their insurance carrier. In some states, there may even be criminal penalties for negligence if it leads to an accident resulting in death or serious injury.

For example, if a driver runs a red light and hits someone in the crosswalk, then they may be deemed legally responsible for the pedestrian’s injuries. A driver must also exercise caution and be aware of their surroundings when it comes to pedestrians. If a driver is not paying attention, fails to yield the right of way, or otherwise ignores a pedestrian’s presence then they could potentially be liable for an accident.

When a Driver is Not Involved

In some cases, a pedestrian may be injured due to the negligence of a property owner or tenant. For instance, if someone slips and falls on an icy parking lot that was not salted outside of a store, then the store’s owner or tenant could potentially be liable for any resulting injuries.

Determining Liability in Pedestrian Accident Cases

When it comes to understanding who is liable in a pedestrian accident case, it all boils down to determining negligence. To do this, you must identify who had a duty of reasonable care to the pedestrian and whether or not that duty of care was breached (either through negligent action or by failing to take reasonable action). If negligence can be proven on the part of a driver, property owner, or another party then they may be held liable for any resulting damages and their insurance carrier would have to pay any judgment or settlement with the at-fault party.

It’s important to note that in many pedestrian accident cases, more than one party may be deemed negligent and thus liable for the injury (for example if a property owner and property manager both failed to take reasonable action). In these instances, it’s typically up to insurance companies or the courts to decide how much each party is responsible for in terms of damages.

In Summary

With understanding who is liable in a pedestrian accident case can help you determine whether you have a viable claim against an at-fault party. If you have suffered injuries due to someone else’s negligence, speaking with an experienced personal injury attorney can offer additional insight into your legal rights and the options available to you. This could potentially help you seek justice and financial compensation for any losses or injuries that you have suffered due to a pedestrian accident.  You should speak with an attorney as soon as possible after your injury. 

Were you or someone you love injured in a pedestrian motor vehicle accident in Indiana or while vacationing elsewhere in the nation? Contact Craven, Hoover & Blazek, P.C. at 317-881-2700 to schedule a FREE initial personal injury case evaluation with a trusted and skilled pedestrian accident lawyer in Indianapolis, today. Meet with us over the phone, video conference, or in person at our Indy office.

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The Benefits of Hiring an Attorney for Your Pedestrian Accident Claim
What You Need to Know About Pedestrian Car Accident Injury Cases
Are Bicyclists Considered Drivers if They Ride on the Street?

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.

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Pedestrian Accidents and Laws in Indiana

Pedestrian Injury Claims 317-881-2700

Pedestrian Injury Claims 317-881-2700

Sadly, all over the United States, thousands of men, women, and children are seriously injured or killed in pedestrian accidents each year. Motor vehicle and traffic accidents are the number one causes behind pedestrian injuries and deaths. There are various laws and rules regarding pedestrian protection in our state, but unfortunately, they are commonly forgotten or overlooked after traffic school. Continue reading for a brief overview of standard pedestrian laws and regulations in Indiana.


Just like all other driver’s on the road, pedestrians have rules and guidelines to follow too. In Indiana, pedestrians must obey all traffic and pedestrian control signals at all times. This means anyone traveling by foot is required to comply with “Walk” and “Don’t Walk” traffic signals; as well as, any other traffic control devices or signs. They are also expected to always use crosswalks and pathways designated for pedestrian use. This means no J-walking! These rules are just in that they protect everyone by establishing a safe, consistent, and effective plan that we can all easily understand and obey.

An At-Fault Driver

A driver cannot overtake or pass another vehicle that is stopped in front of them at a crosswalk for pedestrians or cyclists. This at-fault driving scenario puts any pedestrian crossing the path at that time, in danger of being hit by the driver. This is why it is illegal. All drivers must obey all traffic control signals, and yield to pedestrians that have the right away at crosswalks and other pathways. They must also yield to blind pedestrians; discernible by a white cane or seeing-eye dog.

An At-Fault Pedestrian

Pedestrian Injury Claims 317-881-2700

Pedestrian Accident Claims 317-881-2700

Pedestrians, just like drivers, can be at fault in a motorist-pedestrian accident. If a pedestrian darts out into a busy road from a safe place or sidewalk, they could be at fault if they are hit by an oncoming car. The law explains that in this situation, drivers that are acting in accordance with with their traffic rules do not have enough response time to stop for a wandering pedestrian. Also, any person on foot is expected to use a sidewalk, rather than the edge of the road, for safety. If there is no sidewalk, they are allowed to walk on the direct edge or shoulder of a highway or street. If a pedestrian is crossing a road that is not marked with traffic control signals or a crosswalk, they are expected to yield the right away to all traffic.

There are several more pedestrian safety laws and guidelines that begin to get very specific, such as pedestrian law IC 9-21-17-11; that states all pedestrians should move along the right half of all crosswalks. Not such a serious violation. The important Indiana pedestrian laws are general, but important. Vehicles are prohibited to overtake a vehicle stopped at a crosswalk; pedestrians have to obey all traffics control devices unless otherwise specified by a police officer, pedestrians must yield to oncoming traffic if there is no marked crosswalk or path, they cannot walk along the shoulder or edge of a road with a functioning sidewalk, and motorists are responsible to yield to blind pedestrians at all times. Keep these rules in mind and protect yourself and others on the road.

Pedestrian Accident Attorneys

Personal Injury Lawyers

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 if you are a victim of a pedestrian accident in Indiana. Indianapolis pedestrian accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, are seasoned injury lawyers that are eager to recover he rightful compensation you deserve after being wrongly injured in a pedestrian accident. Our law firm offers free initial consultations and will not collect attorney fees unless we prevail for you. Call 317-881-2700 for pedestrian accident and injury representation and legal counsel in Indianapolis, IN.

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.