Pedestrian accidents can leave you feeling overwhelmed and unsure of what to do next. The physical pain, emotional distress, and financial strain often create a challenging situation for victims and their families. If you have been involved in a pedestrian accident in Indiana, you are likely seeking answers to pressing questions about liability, compensation, and how to move forward. We understand that this is a confusing and worrisome time, and our firm is here to help. This guide will provide you with an overview of pedestrian accident liability in Indiana and explain how fault is determined in these cases. At Wyant Law, we are committed to helping accident victims seek justice and fair compensation for their injuries.
Understanding Pedestrian Accident Liability
Determining liability in pedestrian accidents can be complicated. Indiana follows the concept of comparative fault, which means multiple parties may share responsibility for an accident. The key question in these cases is who acted negligently. Negligence occurs when someone fails to act with reasonable care, resulting in harm to another person. In the context of pedestrian accidents, this could involve drivers failing to yield, pedestrians crossing outside designated areas, or even a combination of actions from both sides.
Liability often hinges on a careful examination of the circumstances surrounding the accident. For example, if a driver was speeding, distracted, or failed to obey traffic signals, they might be considered at fault. On the other hand, a pedestrian who crossed a busy roadway without using a crosswalk or ignored a traffic signal could share some responsibility. In Indiana, if a pedestrian is found to be more than fifty percent at fault for the accident, they may not be eligible for compensation. This system of comparative fault underscores the importance of a thorough investigation to establish the facts.
Common Causes of Pedestrian Accidents
Pedestrian accidents happen for a variety of reasons, many of which involve preventable behaviors. Distracted driving is one of the leading causes of these accidents. Drivers who are texting, talking on the phone, or otherwise not paying attention to the road are more likely to strike pedestrians. Similarly, speeding reduces the time a driver has to react to someone crossing the street, increasing the risk of a collision.
Other common factors include failing to yield at intersections, driving under the influence of drugs or alcohol, and disregarding traffic signals. Poor visibility can also play a role, especially in accidents that occur at night or during inclement weather. Pedestrians are often at a disadvantage in these situations because they are less visible to drivers and have little protection against the force of a vehicle.
Attorney Christopher Wyant is here to help you.
With over 17 years of experience, Attorney Wyant has spent his entire legal career representing individuals who have been injured or killed as a result of the carelessness of others. With trial experience in over 20 jury trials, he has handled cases involving wrongful death and personal injury arising out of automobile crashes, premises liability, slips and falls, dog attacks, and civil rights violations.
Legal Responsibilities of Drivers and Pedestrians
Both drivers and pedestrians have a duty to exercise reasonable care on Indiana’s roads and sidewalks. For drivers, this means obeying traffic laws, yielding the right of way when required, and remaining alert to the presence of pedestrians. For pedestrians, it involves following traffic signals, using crosswalks, and staying aware of their surroundings. When either party fails to fulfill these responsibilities, the likelihood of an accident increases.
In many cases, drivers are presumed to hold more responsibility due to the potential harm their vehicles can cause. However, pedestrians must also adhere to traffic rules, and their actions are considered when determining liability. A pedestrian who suddenly darts into traffic without warning, for instance, may share responsibility for the resulting accident. This shared duty of care is a critical factor in assessing fault in pedestrian accident cases.
Steps to Take After a Pedestrian Accident
If you have been involved in a pedestrian accident, taking the right steps immediately afterward can significantly impact your ability to recover compensation. First and foremost, seek medical attention for any injuries, even if they seem minor. Some injuries may not be immediately apparent and can worsen over time if left untreated. Documenting your injuries through medical records is also essential for building your case.
You should also gather as much evidence as possible from the accident scene. This includes photographs of the location, any visible injuries, and damage to vehicles or other property. If there were witnesses, ask for their contact information. Their statements can be valuable in corroborating your version of events. Reporting the accident to the police is another important step. The police report will provide an official record of what occurred, which can be used to support your claim.
My husband and I were involved in an auto accident. The driver that hit us was without a doubt at fault. In less than 2 days we were getting calls from the driver’s insurance company wanting us to accept 15% fault. The calls kept coming to try and push us into a settlement. We decided to get legal help and found Chris Wyant. Once Chris took over we felt a big load lifted. He is very knowledgeable, well prepared and makes everything so much easier to understand the process. Chris has a very diligent work ethic that gets results. We are so very grateful to have found Chris. We highly recommend Chris Wyant.”
- Kathaleen Boyce
Chris was awesome from the very first meeting. Very professional and knowledgeable. He knew what needed to be done and what he needed from us. He was exceptionally easy to work with and very patient with all of the questions we had. All we had to do was either call or email him with a question and he responded as quickly as he could. I couldn’t be happier with his services. I would definitely recommend his practice to anyone."
- Rita Bridge
God Bless Wyant Law. I can honestly say that Chris went to bat for me in such a huge way during such a trying time. He was very professional and upfront about every step he took. I would 100 percent recommend Wyant Law for your legal needs."
- Briana Shouse
Finally, avoid discussing the accident with insurance companies or making statements that could be interpreted as accepting fault. Insurance adjusters often look for ways to minimize payouts, and anything you say could be used against you. Consulting with an attorney before engaging with insurance representatives can help protect your rights and interests.
Proving Fault in a Pedestrian Accident Case
Proving fault in a pedestrian accident case requires a combination of evidence and legal knowledge. Evidence such as surveillance footage, eyewitness testimony, and accident reconstruction reports can help establish what happened. Traffic laws and local ordinances also play a critical role in determining whether the driver or pedestrian violated their legal obligations.
An experienced attorney will carefully analyze all available evidence to build a strong case on your behalf. They may work with accident reconstruction experts, review medical records, and consult with witnesses to uncover the truth. This thorough approach is necessary to ensure that fault is accurately assigned and that you have the best chance of recovering compensation for your injuries.
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Compensation Available in Pedestrian Accident Cases
Victims of pedestrian accidents may be entitled to compensation for a variety of damages. These can include medical expenses, lost wages, pain and suffering, and emotional distress. In cases involving severe injuries, future medical costs and loss of earning capacity may also be considered. The goal of compensation is to help you recover from the financial and emotional impact of the accident and move forward with your life.
The amount of compensation you can receive depends on several factors, including the severity of your injuries, the circumstances of the accident, and the degree of fault assigned to each party. An attorney can help you understand the potential value of your claim and negotiate with insurance companies or represent you in court if necessary.
Navigating the legal process after a pedestrian accident can be overwhelming, especially when you are dealing with physical pain and emotional stress. An attorney can provide the guidance and support you need to pursue your claim effectively. They will handle all aspects of your case, from investigating the accident and gathering evidence to negotiating with insurance companies and advocating for you in court.
Having legal representation also ensures that your rights are protected and that you are not taken advantage of by insurance companies or other parties. An attorney will work tirelessly to secure the best possible outcome for your case, allowing you to focus on your recovery.
If you or a loved one has been involved in a pedestrian accident in Indiana, you do not have to face this challenging time alone. At Wyant Law, we are committed to helping accident victims seek justice and fair compensation for their injuries. Our empathetic and dedicated approach ensures that your concerns are heard and your case is handled with the utmost care. Contact us today to schedule a consultation and take the first step toward recovering from your accident.
