Indianapolis Pedestrian Accident Attorney

Pedestrian Accident Lawyers in Indianapolis, IN

If you or a loved one was struck by a car while you were out for a walk or run, you could be facing a long road back to health. Pedestrian accident victims may experience serious or life-threatening injuries. You may need extensive medical treatment and care, and you may not be able to return to work for weeks or even months. Meanwhile, you may have no way to pay your medical bills or cover your basic living expenses.

Pursuing legal action against the motorist who struck you can help get you the financial resources you need to get back on your feet. If your accident took place in Indiana an experienced Indianapolis pedestrian accident attorney from Gerling Law can help.

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.

Why Do Pedestrian Accidents Occur?

Although you can suffer an injury accident in virtually any manner, wrongful actions by motor vehicle drivers are some of the most common causes of pedestrian accidents. Some of the most common reasons why motorists hit pedestrians include the following:

• Distracted driving,
• Drunk driving,
• Aggressive driving,
• Excessive speed,
• Failure to stop,
• Failure to yield, and
• Failure to obey traffic signs and signals.

Sometimes external factors, such as roadway obstructions, poor signage, obstructed views, etc., can cause or contribute to these accidents. You could also slip and fall on cracked or broken sidewalks or asphalt or slip due to poorly maintained sidewalks during bad weather.

Whatever the circumstances of your injury accident might have been, chances are you suffered a variety of serious injuries.

Why Pedestrian Accidents Are Especially Dangerous

When a motorist strikes a pedestrian, the impact rarely does much more than cause some minor damage to the passenger vehicle. It is rare that the vehicle’s driver or passengers sustain serious injuries. For the pedestrian who was struck, however, the results can be much more dire.

These types of accidents can throw the victim a significant distance, depending on the circumstances and the speed of the car. In other cases, the victim can be crushed under the vehicle’s tires or sustain burns from hot engine parts under the car.

Some of the most common types of injuries that occur in pedestrian accidents include:

• Broken or crushed bones,
• Dislocated joints,
• Abrasions,
• Lacerations,
• Internal injuries,
• Concussion,
• Traumatic brain injury (TBI),
• Spinal damage,
• Thermal burns,
• Paralysis and
• Lost digits or limbs.

Long-term or permanent injuries are not uncommon when a pedestrian is struck by a motor vehicle. Victims can be left with paralysis, brain damage, or other types of permanent injuries and disabilities. Pedestrian accidents frequently end in death for the victim and devastation for the surviving family members.

What Is the Value of My Pedestrian Accident Claim?

If you were injured in a pedestrian accident, you might be wondering what your claim could be worth.

An insurance settlement or jury award can provide the financial resources you need to obtain comprehensive medical treatment and to pay your bills until you can return to work. Typically, you can pursue compensation for your medical treatment, lost wages and benefits, pain and suffering, and more.

If you need future treatment or care or if you will experience future lost income, your attorney can include those damages in your claim, along with compensation for any permanent injury, scarring, etc. that you suffered.

The value of your claim could be affected by other variables. For example, if the at-fault party can demonstrate that your actions contributed somehow to the accident, you may not be entitled to collect 100% of your award.

These and other factors make estimating a claim value difficult or impossible without additional details. Talking to a knowledgeable injury attorney is the easiest and fastest way to determine the potential settlement value of your case.

Are Motorists Always at Fault in a Pedestrian Accident?

Anyone who drives a vehicle has the legal obligation or duty to act reasonably, so as not to expose others to undue harm on the roadways. Drivers should not drive while tired or impaired, for example. They should obey posted traffic control signage and all applicable laws.

If a driver fails to uphold this duty and, as a result, causes an accident in which others are harmed, the driver will likely face responsibility for the damages of any injured party.

Can Pedestrians Be at Fault for an Injury Accident?

In some cases, pedestrians can cause or contribute to an accident in which they sustain injuries. However, as long as they take reasonable precautions, pedestrians should not have to fear being harmed by motorists.

For example, a pedestrian in a marked crosswalk should not have to fear being struck by a car unless they are crossing against a traffic signal or darting out in front of oncoming traffic. You should be safe while on the sidewalk as well.

If a pedestrian fails to act reasonably, however, they could bear some responsibility for any accident that subsequently occurs. For example, darting out into the street from between parked cars might not provide a motorist with adequate warning to stop in time to avoid a collision. If the driver was not paying attention or driving at an excessive speed, that motorist might still bear the majority of the responsibility for the accident and, consequently, the victim’s damages.

Even if you did do something to contribute to an injury accident, you still have legal rights and, potentially, the ability to pursue a legal claim. Talking to an Indianapolis pedestrian accident attorney will help you explore your options and decide on the best course of action.

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