The Legal Rights of Wrongly Injured Pedestrians in Indiana

Posted on February 6, 2025 by admin

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.

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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!

Hit-and-Run Survival Guide: Essential Steps and Legal Insight

Posted on May 17, 2024 by admin

Every year, thousands of individuals become victims of hit-and-run accidents, leaving them not only with physical injuries but also with a sense of injustice and frustration. From drivers and passengers to pedestrians, cyclists, bikers, and more, these incidents can have severe implications, affecting victims physically, emotionally, and financially. Understanding the correct steps to take immediately after a hit-and-run accident is crucial for your safety, recovery, and the pursuit of justice.

Call 317-881-2700 When You Need a Hit and Run Accident Lawyer in Indiana

The Severe Impact of Hit-and-Run Accidents

Hit and run accidents are traumatic events that can leave lasting scars. The sudden shock, confusion, and anger can be overwhelming, making it difficult to know what to do in the aftermath. However, the actions you take immediately following the incident are critical in ensuring your well-being and securing your legal rights.

Immediate Steps to Take After the Accident

❶ Secure Your Safety and the Scene

Your first priority should be your safety and the safety of any passengers. Move to a safe location if possible and turn on your hazard lights to alert other drivers. Assess yourself and others for injuries, remembering that some injuries may not be immediately apparent due to adrenaline.

❷ Call Emergency Services and Report the Accident

Even if there are no visible injuries, it’s crucial to call 911. Reporting the accident is not only a legal requirement in many areas but also ensures that you have official documentation of the event, which is vital for insurance and legal processes.

❸ Gather Evidence

If you can, take photos of the scene, including your vehicle, any property damage, and the surrounding area. Look for any possible witnesses and ask for their contact information. Note down anything you remember about the hit-and-run driver, such as their race, hair color, sex, etc… or their vehicle, such as color, make, model, or any part of the license plate number.

❹ Notify Your Insurance Company

Inform your insurance provider about the accident as soon as possible. Be prepared to provide them with all the collected evidence and the police report once it’s available. This step is crucial for starting the claims process.

Legal and Financial Implications for Hit-and-Run Victims

Uninsured Motorist Coverage

Most insurance policies include uninsured motorist coverage, which can be invaluable in hit and run situations. This coverage can help pay for your medical expenses and repairs to your vehicle, even if the at-fault driver is never identified.

Legal Recourse Against the At-Fault Driver

If the negligent driver is located, you have the right to pursue legal action against them. A skilled car accident lawyer can guide you through the process of filing a personal injury claim to seek compensation for damages and injuries.

Compensation for Damages

Compensation in hit and run auto accident cases may cover medical expenses, hospital bills, lost wages, vehicle repairs, and in some cases, pain and suffering. While the process can be complex, securing compensation is crucial for your recovery and financial stability.

Long-Term Recovery and Support for Hit-and-Run Victims

Physical and Emotional Recovery

Recovering from a hit-and-run accident involves more than just healing physical injuries. The emotional impact can be significant, and seeking support from professionals, such as counselors or support groups, can be beneficial.

Community and Legal Support

Remember, you’re not alone. Numerous resources and communities are available to support hit-and-run victims. Legal professionals who concentrate on auto accidents can offer guidance and help you navigate the complexities of insurance claims and legal proceedings.

Conclusion: The Importance of Taking Immediate Action

The aftermath of a hit and run accident can feel daunting, but taking immediate and correct actions can significantly impact your recovery and the outcome of your case. Securing your safety, gathering evidence, and seeking professional legal advice are crucial steps in protecting your rights and interests.

If you’re a victim of a hit-and-run accident, don’t hesitate to seek the support and compensation you deserve. Remember, justice may be a complex road, but with the right guidance, recovery and resolution are within reach. For more information and support, you should consult a car accident lawyer who can provide you with personalized advice tailored to your situation.

For an expert personal injury auto accident attorney, contact Craven, Hoover, and Blazek P.C. at 317-881-2700 today. Our Indianapolis car accident lawyers provide contingency-fee representation, so you don’t pay anything unless we successfully secure a settlement or verdict on your behalf. We offer the option to hold meetings either by phone, at your residence, online, or at the hospital if necessary.

Understanding Pedestrian Accidents in Indiana: What Victims Should Know

Posted on February 27, 2024 by admin

Pedestrian accidents are a somber reality, a testament to the vulnerability of human beings on the roadways. In a state like Indiana, where the car is king and pedestrian-friendly infrastructure is still burgeoning, the risks for those on foot can be quite pronounced. With this guide, we delve deep into the statistics, the crucial legal landscape, and the preventative strategies one should be aware of to attempt to navigate Indiana’s roadways safely. Of course however, there will always be inattentive and non-safe drivers out on the roads.

Call 317-881-2700 to Speak With a Pedestrian Accident Lawyer in Indianapolis Indiana

Pedestrian Accidents in Indiana: More Than Just Numbers

The picture that statistics paint is often stark and bleak – such is the case with pedestrian accidents in Indiana. A notable increase in the number of pedestrian accidents has been recorded over the past decade, making it an issue that demands attention and action. The trend is concerning, hinting at a complex interplay of various factors, from the state’s weather to changing driving habits, new onboard technologies, and substance use.

> Current Data and Trends

Indiana’s pedestrian accidents have risen by a significant percentage, a jump that far eclipses national averages. From the rural back roads to urban thoroughfares, the uptick in these incidents paints a worrying trend, one that begs the question – what’s causing this surge?

> Top Causes

Distracted driving, a scourge of the modern era, is a significant contributor. The compulsion to glance at screens or multitask doesn’t wane behind the wheel, often with disastrous consequences. Similarly, impaired driving, exacerbated by an alcohol culture, contributes to the grim statistics. Additionally, speeding, itself a manifestation of the need for speed and impatience, further compounds these issues.

The Impact on Pedestrian Accident Victims

Beyond mere data, there’s a human element – the impact on the victims. Pedestrian accidents inflict not just physical injury, but a psychological and financial burden that can be just as crippling.

> Physical Injuries and Emotional Trauma

The injuries sustained in pedestrian accidents can be catastrophic or deadly, often leading to life-changing adjustments. And it’s not just the physical scars; the emotional trauma, especially when the victim is a child, can linger long after the casts and bandages are gone.

> Financial Losses

The financial implications are multifaceted. From medical bills to loss of income, the costs spiral rapidly. In this context, understanding the rights and legal avenues available to victims becomes integral to navigating the recovery process.

Legal Rights and Recourse

When the unthinkable happens, knowing where the law stands can provide a semblance of control and a path forward. The legal terrain for pedestrian accidents is complex, but essential knowledge for anyone navigating this territory.

> Hiring a Personal Injury Lawyer

Personal injury lawyers are the beacon in the legal labyrinth, guiding victims through the nuances of pedestrian accident claims. Understanding that there’s a voice willing to advocate for the wronged can be a source of comfort and empowerment.

> Filing a Pedestrian Accident Claim

For those contemplating a claim, understanding the process and the key considerations is vital. Gathering evidence, establishing liability, and pursuing just compensation are steps that require insight and persistence – qualities an experienced personal injury lawyer can offer.

Tips for Preventing Pedestrian Accidents

In the realm of pedestrian safety, it transcends beyond the realm of legislators or law enforcers; it stands as a shared objective. Urban planners and vehicle manufacturers, among others, each have a role to play. Yet, at its core, individual choices and persistent endeavors are paramount.

Cities and urban landscapes serve as the primary battleground for pedestrian safety. Investments in infrastructure and the execution of adaptive policies act as pivotal forces that can tip the balance in favor of safety. Additionally, simple, practical advice for pedestrians and motorists can notably diminish accident risks. For pedestrians, visibility and alertness are fundamental; for drivers, patience, visibility, alertness and a gentle touch on the accelerator can be lifesaving.

IN SUMMARY

Safety represents a shared mission, a cause that demands the involvement of every citizen. Join this cause – champion improved pedestrian rights, endorse safety-centric policies, and most crucially, embody the individual who opts for caution and mindfulness on the streets. The narrative of pedestrian incidents in Indiana isn’t a tale of despair, but a testament to resilience and determination. It tells of individuals and communities uniting to uphold the value of human life, where every step and every turn of the wheel is made with a conscious effort to reduce risks. Let these insights and instructions guide the way to a safer, more compassionate Indiana, where every journey – whether on foot or by vehicle – is approached with care and accountability.

If the unfortunate does transpire, don’t face it alone. Seeking legal counsel isn’t just a right; it’s a wise decision that can expedite the recovery process and ensure that the responsible parties are held accountable. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free, one-on-one meeting with an experienced pedestrian accident lawyer in Indianapolis, Indiana. We represent victims all throughout the state, including Indiana residents injured in other states.

Legal Rights of Hit and Run Accident Victims in Indiana

Posted on January 5, 2024 by admin

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.

Understanding Who is Liable in a Pedestrian Accident Case

Posted on June 8, 2023 by admin

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

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.

The Benefits of Hiring an Attorney for Your Pedestrian Accident Claim

Posted on February 20, 2023 by admin

Pedestrian accidents are a serious issue in the United States and can result in severe injuries or even death. If you’ve been involved in a pedestrian accident, it is important to take steps to protect your rights and interests. One of the best ways to do this is by hiring an experienced attorney who concentrates on pedestrian accident cases. A personal injury lawyer who is well-versed in pedestrian car accident cases will be able to assess your case and help you get the compensation that you deserve for any injuries or losses you have suffered because of the other party’s negligence.

Continue below to learn some of the key benefits of having an experienced lawyer on your side during a pedestrian accident claim.

Call 317-881-2700 to Speak With a Pedestrian Accident Attorney in Indianapolis.

Comprehensive Knowledge of the Law

A qualified personal injury attorney understands the complexities of pedestrian accident cases. Pedestrian accident claims involve a number of complex legal issues, such as determining fault and establishing liability. An experienced pedestrian accident lawyer will understand the nuances of these types of cases and can help ensure that all parties are held accountable for their actions or negligence in causing the accident.

Insurance Company Dealings

A pedestrian accident attorney can help you navigate the insurance company process. Insurance companies are notorious for trying to reduce or deny claims in order to save money. An experienced injury lawyer will be able to negotiate with the insurance company on your behalf and ensure that your rights and interests are fully protected.

Accurate Claim Evaluation

An accident attorney can help you determine the full value of your claim. It is important to understand that the compensation you receive should account for not only physical injuries and damages, but also any emotional trauma or mental distress related to the accident. A pedestrian accident lawyer will be able to evaluate all aspects of your claim, including medical bills, lost wages and pain and suffering, in order to determine a full and fair settlement amount.

Astute Legal Advice and Counsel

Your attorney can provide proper legal advice and representation. The process of filing a claim for damages related to a pedestrian accident can be complicated, and it is important to have someone in your corner who understands the law and how it applies to your case. An experienced pedestrian injury lawyer will be able to provide you with helpful advice and represent you at trial, if necessary.

Find a Trusted Personal Injury Lawyer for Your Pedestrian Claims Case

Hiring an experienced civil litigator to help with your pedestrian injury claim can be beneficial in a number of ways. They will be able to provide you with the knowledge and expertise needed to navigate the legal process and ensure that you get the compensation that you deserve.

If you’ve been involved in a pedestrian accident, reach out to an experienced lawyer who can help you protect your rights to a settlement or award. Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with a skilled pedestrian accident lawyer in Indianapolis, Indiana. We represent clients throughout the state, as well as Indiana residents injured in other states and those injured while visiting Indiana.

What You Need to Know About Pedestrian Car Accident Injury Cases

Posted on September 20, 2022 by admin

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

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.

A Brief Overview of Indiana Pedestrian Laws

Posted on September 27, 2021 by admin

When it comes to pedestrians and crosswalks, who has the right of way? Here in Indiana, the law is quite clear. Continue below to review some basic facts about Indiana pedestrian laws and what to do if you are wrongly injured in a pedestrian accident in Indiana.

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Laws Surrounding Pedestrian Accidents in Indiana

It the case of traffic laws and regulations, it is important to protect and preserve the rights of pedestrians because they are the most vulnerable and at risk. Unlike drivers who are protected behind the metal and rubber structures of their vehicles, pedestrians are on foot, and therefore openly exposed.

For this reason, pedestrian accidents tend to result in serious injuries and fatalities all across the United States. According to the National Highway Traffic Safety Administration (NHTSA), more than 6,000 pedestrians lost their lives in negligent car accidents in 2018. In Indiana that same year, 115 pedestrians were killed in traffic accidents.

Some of the most common causes of pedestrian traffic accidents include:

🚸 Failing to Yield
🚸 Running a Red Light
🚸 Running a Stop Sign
🚸 Distracted Driving
🚸 Intoxicated Driving
🚸 Impaired Driving
🚸 Failure to Stop at a Crosswalk
🚸 Speeding
🚸 Failing to Keep a Proper Lookout

Indiana Drivers Must Yield to Pedestrians Within Crosswalks

Indiana law gives requires all drivers to yield the right of way to pedestrians at designated crosswalks. Blind pedestrians, which are distinguishable by the use of a cane or walking stick, have the right of way in all cases, whether they use a marked crosswalk or not.

If a pedestrian walks into the road without using a marked crossing point, and a vehicle stops for them, other vehicles approaching are not legally permitted to go around the stopped vehicle because this puts the pedestrian in danger.

Pedestrians Have to Obey Laws Too

When it comes to crosswalks and designated crossing paths and routes, pedestrians essentially have the right of way, so long as they are obeying the law. You see, not only do drivers have laws and regulations they must follow for the purpose of pedestrian protection, but pedestrians themselves must also adhere to all state and local traffic laws, including crosswalk and bridge crossing traffic signals.

As a lawful pedestrian, you would obey “Follow” and “Not Follow” traffic signals on the road, while also refraining from using non-designated crossings and disturbing the flow of traffic. If a pedestrian chooses to cross the road without using a crosswalk, they must yield to traffic. In some jurisdictions, not using a marked crosswalk is considered a minor infraction informally known as J-walking.

When Pedestrians Must Yield

Pedestrians must yield for all authorized emergency vehicles, like ambulances and fire trucks. As for sidewalks, a pedestrian is required by Indiana law to use one if there is one available and practical. If there are not sidewalks, a pedestrian may walk on the very outer edge of the road. If walking along a highway, a pedestrian must walk as far right onto the shoulder as possible.

Pedestrian Accidents and Injury Claims

If a pedestrian is injured in an accident by a negligent driver, they are entitled to pursue legal action against them. A wrongfully injured pedestrian may be able to recover compensation for their damages and losses, such as medical expenses, hospital bills, lost wages for missing work, pain-and-suffering, and more. It is vital for Indiana pedestrian accident victims to contact an experienced Indiana personal injury attorney to represent their case. It is important to act fast before all evidence is lost to support your claim or time runs out on the scheduled statute of limitati ons.

Are you ready to begin your pedestrian accident claim 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 a seasoned Indianapolis civil litigator you can trust. We represent clients throughout the state of Indiana.

You Should Also Read:

Are Bicyclists Considered Drivers if They Ride on the Street?
A Courtesy Wave Can Hold Drivers Liable for Pedestrian Injuries
Who is Liable When a Driver Hits a Pedestrian?

Local Indianapolis Personal Injury Law Firm 317-881-2700 — Schedule a Free Consultation!

Parking Lot Personal Injury Accident Information

Posted on April 12, 2016 by admin

Pedestrian Accident Lawyers 317-881-2700

It is astonishing to learn that nearly 50 percent of all auto accidents happen in parking lots? It is incredible that so many car accidents happen in parking lots; areas where drivers should be using low speeds while looking out for pedestrians and other drivers. On the other hand, it is understandable why several parking lot car accidents occur so often. They are confined spaces in which several variations of driving happen.

Pulling out of parking spots, parking, cruising over speed bumps, turning corners, peering through lanes for available spots, and more are examples of what happens on a daily basis in a commercial or residential parking lot. Pedestrians, shopping carts, speed bumps, handicap spaces, and other drivers are all potential distractions or obstructions in a parking lot.

Parking Lot Accidents

Pedestrians and other drivers are the usual victims of parking lot car accidents. Accidents in parking lots happen for several reasons. For example, cars backing up can bump into people or other parked cars, two cars backing up at the same time can run into each other, blind spots can cause drivers to hit pedestrians, and much more. The possibilities are endless. Although parking lot accidents typically occur at low speeds, injuries can still be severe or even fatal.

If another driver or entity is responsible for an accident resulting in a person’s injury, they can be held accountable for their negligence in a court of law. It is important is obtain fair and full compensation for injuries sustained in these types of accidents; especially if the other driver or property is at fault. Determining who is at fault in a parking lot accident can be complicated and very confusing. Many times, people are unaware that someone or something is responsible for the accident.

It is vital to consult a personal injury lawyer for advice and legal counsel. They are able to quickly determine if you are entitled to compensation for injuries and damages following the parking lot accident. An experienced personal injury auto accident attorney can assess whether or not the other driver or property was negligent.

Car Accident Injury Lawyers

Personal Injury Attorneys 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with one of our seasoned car accident injury lawyers in Indianapolis, Indiana. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek have extensive trial and litigation experience in car accident injury cases. We offer first consultations at no charge, and if we accept your personal injury case, we do not collect lawyer fees unless we recover compensation for you! Call 317-881-2700 to speak with a knowledgeable attendant about your recent parking lot accident in Indianapolis, IN.

A Courtesy Wave Can Hold Drivers Liable for Pedestrian Injuries

Posted on November 5, 2015 by admin

Pedestrian Injury Claims 317-881-2700

Are you the type of driver that happily pauses and waves on other cars and passer-byers on the road? If so, this politeness can sometimes create liability on your part if your courtesy causes another person to have an accident. In Indiana, anyone can be held liable for another person’s damages and losses if their negligence causes that person to become a victim of a serious injury.

This means a good-mannered wave to another pedestrian, biker, or driver creates a duty of care to ensure the wave is not putting them into harm’s way. Continue reading to learn more about what this duty of care means, and how a polite wave to another pedestrian can hold you liable for subsequent accidents and injuries.

Be Careful Giving the “OK” to Pedestrians

When you are driving your car and see someone on foot or bike attempting to pass the street, it is unlawful to stop and allow them to go unless it is at a designated cross-walk. If you do, however, decide to stop and allow a pedestrian the right-away by means of friendly waving, you better be sure there isn’t traffic coming the other way that the pedestrian cannot see. If there is another car that drives by in the other lane, and it hits the pedestrian you waved through, you could be held liable for their injuries and losses.

Pedestrian Accident Claims 317-881-2700

When you give a pedestrian the “right to cross” you are taking on a duty of care that the pedestrian will be safe at your gesture to cross the road. If you were to wave to a pedestrian to cross in front of your car, you need to be sure that the passage is safe for them in ALL lanes and on ALL sides. Otherwise, you are responsible for any accidents since you signaled that it was okay to cross. You would be blamed for allowing the pedestrian to cross the road and walk into ongoing traffic. This is especially applicable to child injuries and accidents since children trust adults for guidance and are not mature enough to properly gauge danger.

If you were involved in an accident that resulted from a friendly wave, it is vital to contact a personal injury attorney for legal representation. You may be entitled to compensation for your losses, by both the insurance company and the person who caused your injuries. For pedestrian injuries, retaining a licensed accident lawyer is your best opportunity at recovering the full and fair compensation you deserve.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a compassionate pedestrian accident attorney you can trust. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek are seasoned litigators with decades of experience practicing personal injury law. First consultations are free and we never collect lawyer fees unless we successfully recover for you. Call 317-881-2700 and schedule a free initial consultation with an Indianapolis personal injury lawyer to assess your case and file your claim today.