Pedestrians share roads with vehicles every day, yet the gap in protection between a person on foot and a moving vehicle is absolute. When a driver makes an error behind the wheel, the pedestrian almost always bears the full physical consequence. Fatality rates for pedestrians in the United States have not followed the downward trend seen in other categories of traffic deaths, and Indiana’s numbers reflect that pattern.
The pedestrian accident attorneys at Wagner Reese represent Indiana residents who have been injured or who have lost someone in a pedestrian accident caused by a driver’s negligence. Our team helps clients determine fault, document their damages, and pursue the compensation they may be entitled to under Indiana law.
Pedestrian Fatality Trends in Indiana
Data from the Governors Highway Safety Association has shown that nearly 6,000 pedestrians were killed in automobile crashes in a single year nationally, even as all other categories of traffic deaths decreased by 14 percent. Pedestrians represent a category that continues to see increasing annual fatalities while other traffic groups see improvement.
Indiana’s pedestrian fatality rate is among the higher ones in the nation, with the state historically ranking in the top 15 nationally for pedestrian deaths per 100,000 residents. Urban areas see higher concentrations of pedestrian accidents due to the density of vehicle and foot traffic, but fatal and serious pedestrian crashes occur in suburban and rural settings as well.
Common Driver Errors That Cause Pedestrian Accidents
Most pedestrian accidents are caused by driver error, leaving little room for the pedestrian to avoid the incident. Common contributing factors include:
- Inexperienced or newly licensed drivers
- Illegal U-turns near crosswalks or intersections
- Failure to follow school zone driving rules
- Failure to make a complete stop at intersections or crosswalks
- Speeding, impaired driving, and distracted driving
Even when a pedestrian is partially at fault, the driver who struck them often carries significant liability under Indiana’s comparative fault rules. In most pedestrian-vehicle collisions, a driver bears meaningful responsibility regardless of whether the pedestrian’s own actions contributed in some way.
Pedestrian Safety Recommendations From the NHTSA
The National Highway Traffic Safety Administration recommends the following precautions for anyone on foot near roadways. Following these steps can reduce risk, but none of them eliminate the danger posed by a negligent driver:
- Look in all directions when crossing, including at crosswalks with a walk signal or at driveways.
- Never dart across a road quickly when you cannot see clearly in both directions.
- Stay alert to changes in your environment and keep your head up, whether you are a child or an adult.
- Do not assume a driver will yield the right of way. Watch for vehicles and motorcycles before stepping into any roadway.
Avoid alcohol and drugs when walking near traffic, wear bright or reflective clothing when visibility is reduced, and stay off freeways and other pedestrian-prohibited roadways. When a sidewalk is available, use it. When there is none, walk on the shoulder facing oncoming traffic.
Seek Financial Recovery for Your Injury With Wagner Reese
If you or someone you care about has been injured or killed in a pedestrian accident in Indiana, our attorneys can help you develop a plan for pursuing accountability. Wagner Reese assists clients in identifying all responsible parties, documenting the full scope of their damages, and pursuing compensation from those whose negligence caused the accident.
Submit our online contact form to connect with our team. An attorney will review your information and respond promptly to discuss your situation and legal options.
Who can be held liable in a pedestrian accident in Indiana?
In most pedestrian accidents, the driver who struck the pedestrian carries significant liability. Depending on the circumstances, additional parties such as a vehicle owner, employer, or even a municipality responsible for maintaining safe road conditions may also share responsibility. An attorney can help investigate all contributing factors and identify the full range of liable parties.
What should I do immediately after being hit by a vehicle as a pedestrian?
Seek medical attention immediately, even if you do not feel seriously injured. Many injuries, including internal trauma and head injuries, do not become apparent until hours or days later. Document the scene if you are able, obtain the driver’s information, and ask any witnesses for their contact details. Keep records of all medical care and how the injury affects your daily life, and consult with an attorney as soon as possible to understand your legal options.
Can I still recover compensation if I was partly at fault for the accident?
Possibly. Indiana follows a modified comparative fault rule, which means you may still recover compensation even if you were partially at fault, as long as your percentage of fault does not exceed 50 percent. Your total recovery would be reduced in proportion to your share of fault. An attorney can help assess how fault is likely to be allocated and what impact that has on your potential recovery.
How is compensation calculated in a pedestrian accident claim?
Compensation in a pedestrian accident claim may include medical expenses, future medical care, lost wages, loss of earning capacity, pain and suffering, and the impact of the injury on your quality of life. In cases involving a fatality, surviving family members may be able to pursue a wrongful death claim. The specific damages available depend on the circumstances of the accident and the nature and severity of the injuries sustained.
