Pedestrian Accident Laws in Indiana: Who's Liable When You're Hit?

Walking should be safe, but careless drivers who violate pedestrian right-of-way laws are often liable for causing serious accidents and injuries to people walking. Whether you're crossing a street in Merrillville, walking your dog through a Crown Point neighborhood, or stepping off a curb in Hammond, you have the right to share public spaces without fearing for your life.

Unfortunately, pedestrian accidents happen every day in Northwest Indiana, and the injuries they cause are often catastrophic. If you or a loved one has been hit by a car as a pedestrian, one of the first questions you'll face is: who is legally responsible? The answer isn't always as simple as pointing to the driver. Indiana's pedestrian accident laws involve a careful examination of fault, negligence, traffic rules, and the specific facts of each case.

Contact our Indiana pedestrian accident attorneys at Wilson & Novak for a free case evaluation today.

Indiana's Fault-Based System

Indiana is an at-fault state when it comes to personal injury claims, including pedestrian accidents. That means the party responsible for causing the accident is also responsible for compensating the injured person. To recover damages, you'll generally need to prove that another party was negligent, that their negligence caused the accident, and that you suffered real harm as a result.

Negligence, in legal terms, means failing to act with the level of care that a reasonable person would exercise under similar circumstances. For drivers, this often means:

• Violating traffic laws
• Driving while distracted
• Speeding
• Failing to yield

When a driver is to blame, their mandatory liability insurance should cover the pedestrian's injuries and losses.

When Is the Driver Liable?

Drivers owe a duty of care to all other road users, including pedestrians. In Indiana, that duty is particularly important in situations where pedestrians are most vulnerable. A driver is often liable for a pedestrian accident when they:

• Fail to yield to a pedestrian in a marked or unmarked crosswalk at an intersection. Indiana law requires drivers to yield the right-of-way to pedestrians who are lawfully crossing within a crosswalk.
• Run a red light or stop sign. Speeding through an intersection is one of the leading causes of pedestrian fatalities.
• Drive while distracted or impaired. Texting, phone use, and driving under the influence of alcohol or drugs dramatically increase the risk of striking a pedestrian.
• Fail to exercise due care near schools, playgrounds, and residential areas. Indiana law also places special responsibility on drivers to watch for children and other pedestrians in areas where they are commonly present.
• Back out of a driveway without checking for pedestrians. Many pedestrian accidents occur in parking lots and driveways, not just on roadways.

When a driver's negligence causes a pedestrian's injuries, that driver, and in some cases, their employer or the vehicle's owner, should be liable for medical expenses, lost income, pain and suffering, and other damages.

What About Pedestrian Fault?

Indiana follows a modified comparative fault rule under Indiana Code 34-51-2-6. This is an important concept for anyone injured in a pedestrian accident to understand. Under this rule, your ability to recover compensation depends on your percentage of fault for the accident.

If you are found to be less than 51% at fault, you can still recover damages. However, your total compensation will be reduced by your percentage of fault. For example, if your damages total $100,000 but you are found to be 20% at fault for crossing outside of a crosswalk, your recovery would be reduced to $80,000. If you are found to be 51% or more at fault, you are barred from recovering any compensation under Indiana law.

This rule makes it critical to work with an experienced accident attorney who can build the strongest possible case and push back against insurance company attempts to shift blame onto the injured pedestrian.

Other Potentially Liable Parties

In some pedestrian accident cases, more than one party may share liability. For example:

• A government entity may be responsible if poorly designed or maintained roadways, broken traffic signals, missing crosswalk markings, or inadequate lighting contributed to the accident.
• A property owner may be liable if the accident occurred on or near private property where unsafe conditions existed.
• An employer may be liable if the driver who struck you was operating a vehicle in the course of their employment at the time of the crash.

Identifying all potentially liable parties is one of the most important steps in maximizing your compensation, and it's not always obvious who those parties are without a thorough investigation.

What Damages Can You Recover?

Pedestrian accident victims in Indiana may be entitled to compensation for a wide range of losses , including current and future medical expenses, lost earnings, and other economic losses. Non-economic damages are just as important, especially for serious injuries. These cover pain and suffering, which accounts for the physical pain and emotional distress caused by the accident and recovery process, as well as permanent disability or disfigurement. In cases involving a fatally injured pedestrian, the victim's family may also have grounds for a wrongful death claim.

Why You Need an Experienced Pedestrian Accident Attorney

Insurance companies are not often willing to pay everything that you deserve right away. When a driver's insurer contacts you after a pedestrian accident, their goal is to minimize what they pay out , not to ensure you receive fair compensation. They may attempt to argue that you were partly or mostly at fault, offer a quick settlement that falls far short of your actual losses, or use your own statements against you to reduce your claim.

At Wilson & Novak Law Offices, we have spent over 25 years fighting for injured people throughout Northwest Indiana. We know how insurance companies operate, and we're not afraid to take your case to trial if that's what it takes to secure the compensation you deserve. Our attorneys will investigate the circumstances of your accident, gather evidence, consult experts when necessary, and build the strongest possible case on your behalf.

If you or a family member has been struck by a vehicle as a pedestrian anywhere in Northwest Indiana, contact Wilson & Novak Law Offices today for a free, no-obligation case evaluation.