Every day, numerous individuals navigate Indiana’s streets and walkways on foot. Walking offers an eco-friendly and healthy alternative to driving, but pedestrians are incredibly vulnerable to being struck by a car. Many pedestrians injuries can be serious or fatal as a result of negligent drivers, but motorists aren’t always at fault for these collisions. Although pedestrians are far more likely to suffer from injuries in an accident, they may be partially or wholly responsible for the incident if they violate Indiana pedestrian laws.
If you were in an accident involving a pedestrian or were struck by a motorist, you need to contact a pedestrian accident attorney. An experienced lawyer can greatly increase your likelihood of recovering compensation after a crash.
In this blog, you’ll learn about common causes of pedestrian accidents, which party may be liable, and recovering damages for pedestrian injuries.
Pedestrian Accident Statistics
The number of pedestrian injuries and fatalities has greatly increased in the last decade. Pedestrian deaths grew by an alarming 53% between 2009 and 2018, surging from 4,109 deaths to 6,283 deaths nationally.
Additionally, the National Highway Traffic Safety Administration stated that 7,388 pedestrians were killed in 2021 alone, and over 60,000 pedestrians suffered from injuries.
Some of the factors that likely contributed to this dramatic increase in pedestrian injuries and deaths include:
- Population growth
- Increase in SUV and pickup truck purchases
- Drivers traveling greater distances
- More distracted drivers and pedestrians
- Increased marijuana usage due to decriminalization
Although car-pedestrian accidents can occur on any road, they’re far more common in urban areas. They are especially frequent on college campuses because there’s significant foot traffic. Additionally, the majority of pedestrian accidents happen at night when motorists may struggle to spot walkers. For that reason, it’s important for pedestrians to avoid wearing dark clothing.
Who’s Liable After a Pedestrian Injuries after an Accident?
To recover compensation after a pedestrian accident, victims need to be able to prove that another party was at fault. It’s important to note that both drivers and pedestrians have the potential to be liable for a crash.
In cases where motorists fail to yield the right of way, drive distractedly, or exceed speed limits, the fault typically lies with the driver. On the other hand, walkers may contribute to accidents by jaywalking, crossing without proper visibility, or disregarding traffic signals.
Further, multiple parties may share responsibility after an accident. For example, if a pedestrian jaywalks and is struck by a motorist who drove over the speed limit, they may both be considered partially negligent.
Indiana uses a modified comparative negligence system, meaning that your percentage of fault after a crash directly impacts your ability to recover compensation for medical bills and other damages, and you cannot recoup losses if you’re considered more than 51% liable. For example, if you were considered 10% liable after an accident, that would reduce the total amount of compensation you can recover by 10%.
Commons Causes of Pedestrian Accidents
Now that you know that both pedestrians and motorists can be liable for collisions, let’s dive into some of the most common causes of these unfortunate accidents.
Some of the most common ways that a motorist may be at fault include:
- Speeding and reckless driving
- Failing to yield when a pedestrian has the right of way
- Driving while distracted
- Ignoring traffic signals
- Not checking their backup camera or mirror when driving in reverse
- Driving while under the influence of drugs or alcohol
- Operating a vehicle while fatigued
- Failing to spot a pedestrian
- Driving too closely to the road’s shoulder
A pedestrian may be at fault if they:
- Walk while using a smartphone or engage in another distraction
- Cross the road outside of a crosswalk when one is available
- Wear dark clothing in poor visibility conditions
- Ignore pedestrian traffic signals
- Walk while under the influence of drugs or alcohol
- Fail to yield when motorists have the right of way
- Walk on the road rather than using an available shoulder or sidewalk
Additionally, there could be an issue with a crosswalk, intersection, or road that contributes to or causes a pedestrian accident. Some examples include:
- Insufficient street lighting
- Lack of accessibility for disabled pedestrians
- Inadequate sidewalks
- Defective traffic signals
- Lack of crosswalks
- Improper safety measures at intersections
Injured After an Accident? Contact an Indianapolis Pedestrian Accident Attorney Today
Being hit by a car can result in injuries that are severe and life-altering, and if your accident was caused by another party’s negligence, you shouldn’t be forced to pay out of pocket for your medical bills and other damages. Fortunately, you can seek legal assistance to help navigate the complex process of filing a claim.
A skilled legal team will assess the details of your case, gather evidence, negotiate with insurance companies, and advocate for your rights so that you can recover the most money possible for your injuries.
For experienced Indianapolis pedestrian accident attorneys, contact Crossen Law Firm. We’ll work tirelessly to secure you fair compensation. Depending on your case, you may be entitled to money for medical bills, lost wages, loss of future earnings, emotional distress, pain and suffering, and more.
Call us today at 317-401-8626, or you can contact us online here.
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