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.

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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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.

Pedestrian Accident Lawyers Indiana 317-881-2700

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?

Craven, Hoover, & Blazek P.C.

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Understanding Who is Liable in a Pedestrian Accident Case

Pedestrian Accident Liability Information