Any vehicle accident can result in severe injuries to the occupants of both vehicles and, in some cases, even death. However, the risk increases when a motor vehicle collides with a pedestrian. Even small cars weigh thousands of pounds, making a human being no match for a motor vehicle barrelling down the road. Unfortunately, pedestrian accidents happen more often than you might think. In fact, pedestrian accidents have increased in recent years.
If you or a loved one suffered injuries in a pedestrian accident, you should contact an Indianapolis pedestrian accident lawyer right away. Our team at Gerling Law is committed to helping our clients recover the compensation they deserve. We have extensive experience working with clients throughout Indiana, Illinois, and Kentucky and helping answer their questions about their pedestrian accident settlement. Gerling Law was founded on “client first” principles. In every situation, we do what’s best for our clients. During our long history, we’ve recovered over $500 million for people in the tri-state area, and we want to help you too.
Pedestrian Accident Statistics in Indiana
The Indiana Criminal Justice Institute partners with the Indiana University Public Policy Institute to create an annual series of fact sheets on different categories of Indiana traffic accidents. According to their research, approximately 1,412 pedestrians were involved in collisions in Indiana in 2020. These collisions resulted in 18 fatalities along with 1,070 injuries. Additionally, approximately 62 pedestrians were involved in speed-related car accidents.
According to the Indianapolis Star, pedestrian deaths are trending in the wrong direction. Between 2015 and 2020, 148 pedestrians lost their lives in Indianapolis car accidents. However, in the previous five-year span, only 107 pedestrians lost their lives. In the five-year period prior to that one, only 78 pedestrian fatalities occurred in Indianapolis.
The most recent census survey of Indianapolis residents indicated that only 3.5% walk or use public transit to get to work. Despite this low number, pedestrians have made up approximately 25% of the city’s traffic fatalities since 2016. Many attribute these numbers to the lack of sidewalks on over half of the city’s road mileage.
Striking a pedestrian is a serious offense, but pedestrian accident laws do not always address it appropriately. For example, criminal cases only came out of less than half of the fatal pedestrian and cyclist crashes in 2020 and 2021. In most cases, the only way to hold the responsible driver accountable is by filing a personal injury lawsuit against them.
Causes of Pedestrian Accident Injuries and Fatalities
A pedestrian accident can occur for any number of reasons, just like a normal car accident. However, many pedestrian accidents happen in busy, densely populated areas, where pedestrians are highly concentrated. Some common driver behaviors that can result in a pedestrian accident injury or death include:
- Running a red light,
- Running a stop sign;
- Using a cell phone while driving,
- Driving while under the influence of alcohol or drugs,
- Refusing to allow a pedestrian to go across a crosswalk,
- Speeding, or
- Aggressive driving.
Drivers owe a duty to everyone on a roadway, including other motorists as well as pedestrians, to use reasonable care in the operation of their vehicles. If a driver fails to use reasonable care when operating a motor vehicle, they breach their duty to other motorists and pedestrians on the road. If this breach results in harm to another party, the injured party can hold the driver liable for the damages arising out of that harm.
What Damages Can I Recover After a Pedestrian Accident?
If you can show that the at-fault party breached their duty of care and the breach resulted in your injuries, they can face liability for any harm you suffered due to their negligence. Types of damages you claim after a pedestrian accident may include:
- Out-of-pocket expenses;
- Medical bills;
- Future medical bills;
- Rehabilitation costs;
- Lost wages
- Loss of future earning capacity; or
- Pain and suffering.
Experienced Indianapolis pedestrian accident lawyers can help determine what level of compensation you deserve. We will not rest until you receive a pedestrian accident settlement offer that compensates you for your losses.
What Should I Do After a Pedestrian Accident?
The aftermath of a pedestrian accident is often a traumatic, stressful experience for a victim. Here are some steps you should take right away to ensure you are safe and you have the necessary information about your accident.
Seek Medical Treatment
Your well-being is the primary concern. If you suffer injuries in an accident, you should seek medical attention as soon as possible. The medical reports generated during your visit will provide solid evidence of your injuries and some of the damages you suffered.
If you did not suffer serious injuries, you can stay at the scene to collect additional information. However, if there is even a slight chance that you are injured, you should seek the advice of a professional. Some injuries may not be readily apparent but still, need professional treatment.
Once you are in a safe place, you should contact the local authorities to report the accident. A law enforcement agent will respond and complete an accident report detailing information about the collision. That can include photographs, crash diagrams, witness statements, contact information, and other information. The accident report can offer crucial evidence to your personal injury suit later down the road.
After you contact law enforcement, you can still take your own steps to investigate the scene before law enforcement arrives. You can take photographs of the scene, locate any eyewitnesses to the crash, and gather insurance information from the involved parties. If you do not gather this information at the scene, it may disappear forever.
Contact our Indianapolis Pedestrian Accident Attorneys
Suffering injuries in a pedestrian accident is a devastating scenario that could affect anyone. In many cases, the only way to ensure the responsible party faces punishment for their negligence is through a personal injury claim. Our team of pedestrian accident attorneys at Gerling Law has over 125 years of combined experience fighting for the rights of our clients. We are not afraid of going up against large corporations and insurance companies to advocate on behalf of our clients.
Contact our office today so we can start reviewing your case. Go with Experience. Go with Gerling.®