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!

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.

Indianapolis Pedestrian Accident Lawyers 317-881-2700

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.

Craven, Hoover, & Blazek P.C.

Tag Archives: Pedestrian Accident Claims Indiana

The Legal Rights of Wrongly Injured Pedestrians in Indiana