A Comprehensive Guide to Pedestrian Accidents in Indiana
Pedestrian accidents can happen for a variety of reasons, such as when the pedestrian or the driver fails to use appropriate caution. As per Stracci Law Group accidents involving pedestrians frequently result from:
- Failure to cede the right of way by pedestrians or motorists;
- Jaywalking; failing to look both ways before crossing the street;
- wearing dark clothing;
- stepping out into traffic;
- playing or working in the middle of the road;
- fatigued drivers;
- intoxicated pedestrians or drivers;
- distracted pedestrians or distracted drivers;
- visibility issues,
- weather issues,
- bad road design, and car problems.
It’s critical to determine what caused a pedestrian accident so that those accountable can be held accountable and victims can receive compensation.
Who Has a High Chance of Being in a Pedestrian Accident?
Two demographics are more likely to perish in a pedestrian accident. Twenty percent of all pedestrian accident fatalities involve adults over 65. Additionally, 20.4% of pedestrian accident fatalities involve children under the age of five.
What Injuries Occur Most Frequently in Pedestrian Accidents?
Cuts, scratches, and bruises; internal organ damage; bone fractures; traumatic brain injury; spinal cord injury; amputation/loss of limb; dental injuries; eye injuries, such as loss of vision; and death are among the common injuries sustained in pedestrian accidents.
Injuries in pedestrian accidents are frequently very serious since pedestrians do not have a car or safety equipment to protect them from the collision of a motor vehicle.
When a Pedestrian Accident Occurs, Who Is at Fault?
In a pedestrian accident, either the pedestrian or the driver, or both, could be to blame. The automaker can be at fault if there is an issue with the vehicle. The government agency or other organization responsible for maintaining the roadways could be held liable if the shoddy design or upkeep of the roads caused the accident.
- Multiple parties may occasionally be at fault. When this occurs, whether wounded people are eligible for compensation depends on the state’s laws on contributory or comparative negligence.
- If a victim contributed to the accident in a state that recognizes contributory negligence, they are not eligible to file a claim for damages. Even if they are just 1% at fault, this is still true. Even if they share responsibility for the incident, victims in states with comparative negligence may still be eligible for some compensation. Some states have a strict comparative fault system that permits victims to file a claim even if they are largely at fault. In states with modified comparative fault, victims can only file a claim if they bear less than 50% or 51% of the blame for the accident.
Rules for comparative negligence are often followed. In some areas, even if the pedestrian contributed to the collision, they might still bring a claim against a negligent driver who injured them.
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