Accidents involving cars and trucks are the leading cause of pedestrian injuries and fatalities across the country. Pedestrians are particularly vulnerable in these situations and often sustain catastrophic injuries when an accident occurs. Despite common misconceptions, pedestrians do not always have the right-of-way in Indiana, particularly if they are not crossing within a designated crosswalk area. If you or a loved were injured while jaywalking or violating other right-of-way laws in Indiana, you may be wondering about your options to pursue compensation for injuries and damages.

In Indiana, an injured pedestrian may still have a case even if they were jaywalking, but the outcome of such a lawsuit will depend on a variety of factors, including the concept of comparative fault. This means that even if a pedestrian was partially at-fault in an accident, they may still be able to recover compensation if their fault is not greater than 50%.

If a pedestrian is injured or killed, the courts will assess all the details to determine the degree of fault for both the pedestrian and the driver. Factors will include whether a driver was speeding or distracted, visibility conditions, and the location of the incident. Conversely, a court will also weigh a pedestrian’s potentially negligent actions, which may include crossing in a poorly lit area, distractions, intoxication, failing to yield, or crossing while a “Don’t Walk” sign is flashing.

Even if a pedestrian was jaywalking, drivers still have a duty to exercise reasonable care to avoid hitting pedestrians. Similarly, responsibility extends beyond drivers and pedestrians should take measures to ensure they are not in violation of the law. Failure to implement safety protocols may constitute negligence on the part of a pedestrian, impacting the allocation of fault attributed to each party.

Consulting with an experienced personal injury attorney experienced with pedestrian-related accidents is imperative in such situations, as your attorney can help gather evidence, establish fault, and navigate the legal complexities to seek appropriate compensation.

If you or a loved one have been involved in a pedestrian accident, contact Hurst Limontes to discuss your options. We have over a century of combined experience fighting for our clients and work on a contingency basis, meaning there is no cost to you unless we reach a settlement or jury verdict award on your behalf.

Call 317-636-0808 or complete the form below for a FREE and confidential consultation.