Indiana Pedestrian Accident Lawyer
Indiana is considered the 20th most dangerous state to take a walk. A pedestrian accident occurs when a negligent driver of a car, motorcycle, or bicycle collides with someone outside a motor vehicle. While some accidents are fatal, most result in minor to moderate injuries. Regardless of the accident’s severity, the injured party can seek compensation for their losses with the help of an Indiana pedestrian accident lawyer.
An experienced Indianapolis pedestrian accident lawyer must establish the fault of the opposing party to recover compensation for the injured pedestrian. We will build you a strong case by gathering evidence like photos/videos from the accident scene, eyewitness testimonies, a police report, camera footage, etc. to obtain the damages you deserve.
The personal injury lawyers at Injury Lawyer Team, sponsored by Rosenfeld Law Offices, are fierce legal advocates for all pedestrians injured by negligent drivers. Call us today to schedule a free consultation and prove negligible in your injury claim.
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Contact our Indiana pedestrian accident lawyers to schedule a free consultation. All confidential or sensitive information shared with your Indiana pedestrian accident lawyer remains private through an attorney-client relationship.
Facts About Pedestrian Accident Cases in Indiana
According to the National Highway Traffic Safety Administration, almost 6,283 pedestrian fatalities were reported in 2018 traffic crashes, the highest deaths in more than 25 years. Meaning, on average a pedestrian lost their life every 83 minutes.
The Indiana University Public Policy Institute report indicates that Indiana witnessed nearly 1,650 accidents involving pedestrians in 2018. In the same year, 115 pedestrians and 22 pedal cyclists were killed.
The Indiana Criminal Justice Institute along with the Indiana University Public Policy Institute researched Indiana traffic accidents. The research showed that approximately 1,412 pedestrian collisions happened in Indiana in 2020. Out of these pedestrian accidents, 18 fatalities occurred along with 1,070 injuries. Furthermore, 62 pedestrians were involved in speed-related car accidents.
The data by the Indianapolis Star says that between 2015 and 2020, 148 pedestrians were killed in Indianapolis car accidents.
Drugs and alcohol pose significant risks as they impair the thinking, reasoning, and muscle coordination essential for safe driving and walking. Shockingly, nearly half (47%) of pedestrian fatalities in the U.S. involve alcohol, reports NHTSA.
The above-mentioned statistics represent the concerning state of pedestrian safety in Indiana and underscore the need for stricter traffic regulations and more pedestrian-friendly road infrastructure. If involved in an Indiana traffic crash, contact our pedestrian accident attorney to file a lawsuit or claim against the negligent driver.
Leading Causes Why Pedestrian Accidents Occur in Indiana
Both drivers and pedestrians have a duty to ensure reasonable care, and failure to do so is negligence. However, when negligent motorists operating thousands of pound motor vehicles collide with defenceless pedestrians, it’s the pedestrians who suffer catastrophic injuries or death.
A skilled pedestrian accident attorney will prove the exact cause of your Indiana traffic crash and secure the rightful compensation for you.
Common factors leading to driver negligence in pedestrian accidents include:
- Distracted Driving: Drivers preoccupied with texting or calling neglect safe driving practices, increasing the risk of accidents. Seek assistance from a pedestrian accident lawyer if affected.
- Alcohol-Impaired Driving: Alcohol-related impairment contributes significantly to pedestrian fatalities, posing a danger to both drivers and pedestrians. The Center for Disease Control and Prevention (CDC) reported that drivers or pedestrians under the influence of alcohol were in nearly half (49%) of pedestrian deaths in 2021.
- Speeding: NHTSA data on speeding shows that speeding-related fatalities killed 12,330 people in 2021 nationwide. That represents 29% of all traffic fatalities. Higher speeds reduce driver reaction time and worsen the impact of pedestrian accidents.
- Failure to Yield to Pedestrians: Turning drivers who neglect to yield to pedestrians at intersections endanger lives, potentially leading to tragic accidents. Failure to yield accounts for 70% of all accidents that occur at intersections, typically resulting from stop sign violations.
- Failure to Signal Turns: Pedestrians are at risk when drivers fail to indicate their turns, leaving them unaware of oncoming vehicles.
- Disregarding Traffic Signals or Signs: Motorists who ignore traffic signals put at risk pedestrian safety, especially at intersections. An Indianapolis pedestrian accident lawyer will determine the driver’s negligence in the following traffic rules.
- Jaywalking: Pedestrians crossing the road outside designated crosswalks or against traffic signals heighten the risk of being struck by motor vehicles, especially in busy urban areas.
- Poor Visibility: According to statistics from the National Center for Health Statistics (NCHS), 75 percent of fatal pedestrian accidents happened at night. Driving at night time, impaired views, or extreme weather conditions can obscure pedestrians from drivers’ sight, leading to fatal pedestrian accidents.
What Injuries Are Commonly Sustained by Indiana Pedestrian Accident Victims?
Indiana pedestrian accident injuries can vary from minor to life-threatening. Personal injuries like concussions or fractures might not show symptoms immediately, but there’s a need for urgent medical attention following pedestrian accidents, regardless of how you feel.
Typical pedestrian accident injuries are as follows:
In addition to physical injuries, fatal pedestrian accidents can leave lasting psychological trauma on victims like post-traumatic stress disorder (PTSD). An expert pedestrian accident attorney in Indiana can calculate the full extent of your damages, helping in securing rightful compensation for both physical and emotional suffering you experienced as a result of the injury.
Safety Tips Every Pedestrian Must Follow in Indiana
Chapter 9-21-17 of the Indiana Code outlines the rights and responsibilities of pedestrians on the state’s roads. The National Highway Traffic Safety Administration (NHTSA) offers safety tips to pedestrians and advises drivers on reducing traffic accidents:
- Walk on sidewalks or paths when available.
- If sidewalks or paths are absent, walk on the shoulder facing oncoming traffic.
- Stay vigilant; minimize distractions from electronic devices.
- Exercise caution both day and night when sharing the road with vehicles.
- Don’t presume a driver sees you; establish eye contact to ensure awareness.
- Maintain predictability; cross streets at designated crosswalks or intersections where drivers expect pedestrians.
- If there are no crosswalks or intersections, find well-lit areas and wait for safe crossing opportunities, while continuously monitoring traffic.
- Stay visible to drivers by wearing bright clothes during the day and carrying reflective gear or flashlights at night.
- Refrain from alcohol and drug consumption while walking, as they impair judgement and coordination.
If involved in a fatal traffic crash, consult an Indiana pedestrian accident lawyer to recover fair compensation for your personal injury case.
What Will Be the Value of My Indiana Pedestrian Accident Claim?
Under Indiana law, injured pedestrians can receive compensation for economic and non-economic damages with the help of an Indiana pedestrian accident attorney. Economic damages cover financial losses, such as
- Medical bills
- Lost wages
- Household service replacement costs
- Rehabilitation and therapy expenses
- Property damage
- Future medical treatments
Non-economic damages cover losses such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Mental anguish
- Loss of consortium
- Disfigurement or disability compensation
Proving non-economic damages in monetary value can be difficult but is important for a fair settlement. An Indiana pedestrian accident lawyer will prove your incurred losses based on evidence and strong arguments.
Comparative Fault Law in Indiana
The state of Indiana accepts the comparative fault law. Under Indiana law, if you are determined to be more than 50% at fault for the pedestrian accident, you may be ineligible for recovering compensation. If you are found to be 50% or less at fault, your compensation amount may be reduced in proportion to your percentage of fault.
Many times, the negligent driver involved in the pedestrian accident may shift the blame on you, alleging that you darted into traffic or crossed the street unlawfully. Your Indianapolis pedestrian accident lawyer will help prove the accurate percentage of your fault in the accident.
Requirements for Minimum Insurance Coverage
Injured pedestrians who want to seek compensation for their losses must start their journey to justice by filing a claim with the at-fault driver’s liability insurance. In Indiana, the minimum liability coverage required is $25,000 for bodily injury per person and $50,000 for bodily injury per accident.
The minimum liability coverage may not fully cover expenses incurred by the Indiana pedestrian accident, especially non-economic damages, which insurance companies generally undervalue.
Experienced pedestrian accident attorneys can tactfully negotiate with the insurance company of the at-fault party and ensure victims receive fair compensation.
Wrongful Death As a Result of a Driver Negligence
If an Indiana pedestrian accident unfortunately resulted in the death of a loved one, the surviving family members like spouses, parents, siblings, and others may be able to pursue a wrongful death claim.
How to Prove Liability of a Negligent Driver for an Indiana Pedestrian Accident?
In Indiana, injured pedestrians have the right to pursue legal action against the negligent driver responsible for their injuries. Under Indiana’s statute of limitations laws, pedestrians have two years to file a personal injury suit from the date of the accident or injury. To achieve success on a negligence claim, the plaintiff must prove four key points: duty, breach, causation, and damages.
- The defendant owed them a duty of care
- The driver breached that duty of care through negligent behavior
- Negligent actions by the driver caused the pedestrian accident
- The plaintiff suffered losses due to the pedestrian accident
Our Indiana personal injury lawyer attorney can build a strong case for you using compelling evidence under a negligence claim and secure maximum recovery.
Hire an Experienced Pedestrian Accident Lawyer to Recover the Compensation You Deserve
Did you get injured or lose a loved one due to driver negligence or intentional violence in a pedestrian accident? Are you looking to secure financial compensation for your injuries and damages?
The Indianapolis, Indiana pedestrian accident lawyers at the Injury Lawyer Team, sponsored by Rosenfeld Law Offices, are seasoned legal professionals representing injured pedestrians seeking compensatory damages for their economic and non-economic losses.
Contact our Indiana pedestrian accident attorney at (888) 424-5757 to schedule a free consultation. We accept all pedestrian accident cases on a contingency fee basis. This agreement ensures you pay no upfront fees for legal services until our injury lawyers win your case through a negotiated settlement or jury award.