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While pedestrians generally have the right of way, this doesn’t mean they’re always free from liability. In Indiana, both drivers and pedestrians can potentially bear responsibility for an accident, and knowing how fault is determined in these cases is crucial to protecting your rights.
At Christie Farrell Lee & Bell, our experienced Indiana car accident lawyers can defend your best interests and manage all of your claim’s legal aspects to ensure fair compensation. Here, we’ll cover the state’s fault laws regarding pedestrian accidents: understanding them is crucial for anyone trying to recover damages or defend against them.
How Fault Is Determined in Indiana Pedestrian Accidents
According to the Indiana Traffic Safety Report, pedestrians and bicyclists accounted for 14% of all traffic fatalities in Indiana in 2022. To determine fault in these accidents, we need to analyze the actions of both the driver and the pedestrian and understand the applicable laws.
First, it’s necessary to determine the exact root cause of the accident. Commonly, pedestrian accidents in Indiana are caused by:
- Pedestrian crossing outside of a crosswalk: If a pedestrian crosses the street outside of a designated crosswalk, they may be held partially or entirely responsible for the accident.
- Ignoring traffic signals: When pedestrians disregard traffic signals (such as crossing against a red light) they increase their liability.
- Speeding or reckless driving by the driver: If the driver is speeding or driving recklessly, their liability increases, even if the pedestrian is partially at fault.
- Distracted walking or walking while intoxicated: Distracted walking (such as texting) or walking under the influence of alcohol or drugs can result in pedestrians being found at fault for an accident.
Clarifying the cause of the accident allows us to assign or distribute fault accurately. According to Indiana’s comparative fault law, responsibility is divided based on each party’s role in causing the accident, so pedestrians aren’t automatically cleared of fault.
When Is a Pedestrian at Fault in an Indiana Car Accident?
Pedestrians can sometimes be found primarily at fault in car accidents, but under Indiana Code § 34-51-2, they may still recover compensation if their fault is less than 51%. Nevertheless, the amount of compensation will be reduced based on their percentage of fault, reflecting their share of responsibility in the incident.
It’s important to work with a lawyer to minimize any comparative fault considerations. Common examples of pedestrian fault in car accidents include:
- Jaywalking or crossing outside a designated crosswalk
- Walking under the influence of drugs or alcohol
- Ignoring traffic signals
- Walking in prohibited areas, like highways
Legal Rights of Pedestrians in Indiana Accidents
Even if a pedestrian is partially at fault, they still have certain legal rights after a car accident in Indiana:
- Right to seek compensation for medical expenses, lost wages, and pain and suffering if driver negligence caused the accident.
- Right to file a personal injury lawsuit against the responsible party.
- Right to legal representation, allowing the injured party to hire an attorney to pursue fair compensation and navigate the legal system.
- Right to file a claim through the at-fault driver’s insurance to recover damages directly related to the accident. Sometimes, depending on their policy, the pedestrian can seek compensation from their own insurance.
Do Pedestrians Have the Right of Way in Indiana?
Pedestrians have the right of way when they’re within marked crosswalks. However, pedestrians must also follow traffic signals and avoid suddenly entering the path of a vehicle that is too close to stop safely.
So, the right of way is not absolute, and if a pedestrian violates traffic laws or acts negligently, they can be held responsible for the accident.
What Compensation Can Pedestrians Seek After an Accident?
After a pedestrian accident in Indiana, you can claim the following damages:
- Medical expenses: This covers the cost of immediate treatment, hospitalization, surgeries, and ongoing medical care.
- Lost wages: If the accident left you unable to work, you can recover lost income for the time you missed work, as well as for any reductions in earning capacity.
- Pain and suffering: Compensation for the emotional distress, physical pain, and reduced quality of life caused by the accident.
- Rehabilitation and long-term care costs: For those with severe injuries, you can include ongoing rehabilitation or long-term care costs in a personal injury claim.
- Property damage: If personal belongings (such as a phone or bicycle) were damaged in the accident, you can also seek compensation for those losses.
In a pedestrian accident, the settlement amount you’re able to recover will depend on diverse factors, primarily the complexity of the accident and the severity of your injuries.
Our team at Christie Farrell Lee & Bell can compare your situation with case results we’ve helped achieve in the past. During a free consultation, we’ll listen to your story and provide an estimate of your claim’s potential value.
How Long Do Pedestrians Have to File a Claim in Indiana?
According to Indiana’s statute of limitations for car accident cases, you have two years from the date of the accident to file a personal injury claim.
Failing to file within this window can result in losing the right to seek compensation altogether, so make sure you act quickly. Consult with a lawyer as soon as possible after the accident to preserve your legal rights, gather evidence, and build a strong case.
Get a Free Consultation with an Indiana Pedestrian Accident Lawyer
After a pedestrian accident in Indiana, whether you believe you’re at fault or not, consulting with our expert team of lawyers will help you get a clear understanding of your rights, legal options, and your case’s potential outcome.
During a free consultation, our attorneys can assess your case and start strategizing the best path moving forward. To schedule a meeting with us and take the first step to rightful compensation, contact us today.