Pedestrian Accident Attorney Indianapolis
Distracted, incompetent, or speeding drivers are a threat to the safety of all people on the road, including pedestrians. When a pedestrian is involved in a collision, they can suffer extremely severe injuries as they don’t have protection from bodily harm. Unfortunately, Indiana has the 12th highest rate of pedestrian accidents that result in deaths. If you have been a pedestrian accident victim, you may be entitled to compensation for your damages.
What is a Pedestrian Accident?
A pedestrian accident is when a motor vehicle, bicycle, or another type of transportation device collides with a person on the road, sidewalk, parking lot, or any open area. Whether it is a minor or major pedestrian accident, the victim may be able to recover compensation for their damages.
Pedestrian accidents can result from the motorist’s negligence or wrongdoing, and to get compensation, the victim must prove that the driver was at fault.
Pedestrian accidents often occur at intersections where a driver may make the wrong turn or hit a pedestrian due to a lack of road visibility. In some cases, pedestrians are at fault if they do not follow the basic rules of crossing the road or walking on designated footpaths on the streets.
Common Causes of Pedestrian Accidents in Indianapolis
The leading contributor to pedestrian accidents is distracted driving. The driver may be checking their phone while operating the vehicle, which causes them to collide with a pedestrian on the road. Often when a distracted driver is involved in a pedestrian accident, their cell phone records are required in court to establish liability.
Driving Under the Influence
Alcohol is the second leading cause of pedestrian accidents in Indianapolis. The driver or pedestrian may be under the influence of alcohol. Alcohol impairs reaction times, increasing the chances of an accident.
Speeding can cause different kinds of road accidents, including pedestrian accidents. For example, a speeding motorist would be unable to brake their vehicle in time to avoid a deadly collision with a pedestrian. Evidence of speeding can serve as sufficient evidence to establish liability in court or to prove to the insurance company that the driver was at fault.
Traffic violations, such as a driver running a red light or making a wrong turn, can lead to a pedestrian accident. For example, a negligent driver who runs a red light may collide with a pedestrian, causing severe injuries or death.
Failure to Yield
A motorist’s duty of care covers any potential damage to road users, including pedestrians. Pedestrians always have the right of way at intersections. A driver who fails to yield to pedestrians may cause a pedestrian accident. In addition, any motorists passing a school zone must drive under a specific speed limit. Violating the speed limit in a school zone is the driver’s failure to provide a duty of care, which can make them liable in court.
Crosswalk Rules Violation
In Indianapolis, pedestrians must follow crosswalk rules, such as not passing in front of a vehicle in the middle of the road. Pedestrians should not cross the road diagonally or walk on the road when a sidewalk is present. A person who violates these rules and gets involved in a pedestrian accident may be partially or entirely at fault for the accident. Disobeying traffic devices, such as not crossing the road at designated areas, is a traffic violation.
Injuries Caused By Pedestrian Accidents
In pedestrian accidents, the most common injuries, such as ligament damage or tears to the leg muscles or joints, occur to the lower extremities. In addition, fractures involving the pelvis, knees, feet, and legs are also common in pedestrian accidents. Severe lacerations can also result from pedestrian accidents depending on the impact and the vehicle’s speed.
In fatal pedestrian accidents, the person can endure severe head or spinal cord trauma. Spinal cord injuries can result in temporary paralysis or permanent disability. These catastrophic injuries require immediate medical attention.
Compensation in Indiana After a Pedestrian Accident
The victim in the pedestrian accident is entitled to compensation paid by the at-fault driver’s insurance provider. If the driver is uninsured, the victim’s insurance company can pay for the damages sustained in the accident through collision coverage or personal injury protection insurance. However, in Indiana, if the pedestrian is 50% or more at fault for the accident, they might not receive any compensation for the damages.
Proving liability in a pedestrian accident can become complicated because the defendant can try to shift the blame to the pedestrian. Therefore, it is vital to get legal counsel before pursuing legal action against the opposing party in a pedestrian accident.
There are specific rules for obtaining compensation for any children involved in a pedestrian accident in Indiana. In a case of wrongful death, the victim’s family must adhere to Indiana’s statute of limitations to pursue a wrongful death claim and obtain compensation. An Indianapolis injury lawyer can guide you on all these matters related to a pedestrian accident in Indianapolis, IN.
Tips to Stay Safe as a Pedestrian
- Walk on the sidewalk. If there is no sidewalk on the road, walk facing the incoming traffic to avoid accidents.
- Obey traffic devices, road pavements, and traffic signals.
- Cross the street using the crosswalk. If there is no crosswalk, be alert of your surroundings, such as the incoming traffic, and avoid distractions, such as using your cell phone while crossing the street.
Contact Pedestrian Accident Attorney in Indianapolis
An experienced pedestrian accident attorney in Indianapolis can inform you about all legal proceedings of the case and help you prove the liability of the negligent driver or pedestrian. In addition, Indianapolis pedestrian accident lawyers can gather relevant evidence to help you build a strong case and obtain fair compensation for all your economic and noneconomic damages. We encourage you to get in touch with us at RileyCate, LLC, to get experienced legal representation.