The Rise of Pedestrian Accidents Across the Country

The AP News recently reported that in the United States, pedestrian accidents and deaths are at the highest level in 40 years. Advocates, community managers, and residents are urging for pedestrian safety and new traffic laws with the goal of reducing driver negligence, distracted driving, and hit-and-run accidents.

The National Highway Traffic Safety Administration (https://nhtsa.gov/), reported that the number of pedestrians killed nationwide in 2022 was up 13% and that cyclist fatalities were up 2% for the year. Improving public transportation is a focus, but in the meantime, there are still many pedestrian injuries and fatalities happening, especially in our state of Indiana. If you were a victim, or have a loved one who was injured or killed, there are legal actions that you can take.

What Legal Action Can Be Taken After a Pedestrian Accident?

The first thing you should do is call an attorney if you were injured as a pedestrian. The sooner you get an attorney involved in the case, the better.

A pedestrian accident attorney will review your case, typically for free, as well as review any police reports. Ensuring that you have legal counsel will help you get justice from the liable party and file a claim to get maximum compensation from insurance companies. Our Indianapolis pedestrian accident lawyers have the experience and knowledge to help you get the compensation you deserve. We will review your claim and work with you through every step of the process. Christie Farrell Lee & Bell will fight for your rights and ensure that justice is served.

Christie Farrell Lee & Bell legal team

Common Causes of Pedestrian Accidents

Poor road design

Poor road design can be a major contributing factor to pedestrian accidents. Inadequate sidewalks, crosswalks, and lack of proper safety measures are a few ways that poor road design can lead to serious injury or death for pedestrians. Unmarked crosswalks and broken traffic signals are also related causes.

Visibility and lighting

Visibility and lighting play an important role in pedestrian safety, as both can have a major impact on the ability of a pedestrian to see approaching vehicles. Poor visibility, inadequate lighting, or lack of traffic devices can create dangerous conditions for pedestrians and dramatically increase the likelihood of a catastrophic accident.

Distracted driving

Distracted driving is one of the leading causes of pedestrian accidents in Indianapolis. It occurs when drivers engage in activities that take away their focus from the road and the environment around them. Examples of distracted driving include talking on cell phones, texting, adjusting radio controls, eating or drinking while driving, and more.

Driver negligence

In Indianapolis, pedestrian injuries are unfortunately common due to negligent driving. Driver negligence is a term used to describe the careless or reckless actions of a driver that result in an accident or injury. Negligent drivers put other drivers, passengers, pedestrians, and bicyclists at risk of serious injury.

Hit-and-run accidents

Hit-and-run accidents are one of the most dangerous and heartbreaking types of car accidents. When a driver flees the scene after hitting a pedestrian, it is not only a crime but also an act of extreme negligence. Victims may be left injured, traumatized, and without answers as to who was responsible for their pain. Fleeing the scene of an accident is illegal in every state and Indianapolis is no exception.

Drunk driving

Drunk driving is a serious public health issue in the United States and around the world. It affects all age groups, but particularly young people. According to the National Highway Traffic Safety Administration (NHTSA), more than 10,000 people die each year in alcohol-related traffic accidents. Additionally, alcohol-related crashes cost society an estimated $44 billion annually in medical costs, lost wages and

Speeding

If you or a loved one has been injured in a catastrophic accident as a result of someone speeding, it is important to contact an experienced Indianapolis pedestrian accident lawyer. Drivers that are speeding are one of the leading causes of pedestrian accidents. An experienced Indianapolis attorney will have the knowledge and resources to ensure that your case is handled properly and that you receive the compensation

What are the most common injuries sustained in pedestrian accidents?

The most common types of injuries sustained in pedestrian accidents are broken bones, soft tissue damage, skull fractures, traumatic brain injuries (TBI), internal organ damage, spinal cord injuries, neck injuries, scrapes and bruises, fatal injuries, and much more.

One of the most dangerous intersections in Indianapolis, Indiana is 38th Street and Franklin Avenue.

The area just outside 465 is known for traffic congestion and speeding drivers. Additionally, the lack of proper lighting and pedestrian walkways has resulted in pedestrian injuries, such as a hit-and-run incident in 2017 that resulted in a fatality.

38th and franklin intersection map

Drivers should always exercise caution and maintain their focus on the road, regardless of their familiarity with an intersection. Distracted driving and speeding are leading causes of traffic accidents and can be considered forms of negligence or failure to exercise reasonable care.

Are Children and Older Adults More At Risk for Pedestrian Accidents in Indianapolis?

In Indianapolis, the heightened vulnerability of children and older adults to pedestrian accidents is deeply concerning. According to the National Highway Traffic Safety Administration, fifteen percent of children 14 and younger who are killed in traffic incidents are pedestrians, while older adults, those 65 and above, account for 19% of pedestrian fatalities.

It’s our commitment to fight for those who have to deal with such unfortunate accidents, recognizing the vulnerability of children and older adults on our streets. In such cases, this vulnerability can be a key component of your claim to ensure your family receives the rightful compensation they need to recover.

What Compensation is Available After a Pedestrian Accident

Victims of pedestrian accidents often face unique challenges and devastating injuries, which the Indiana law recognizes through various forms of compensation. As your personal injury lawyers, we will consider these in your claim:

Immediate and Long-term Medical Care

Compensation can cover both emergency treatments and long-term care needs stemming from the accident.

Lost Income Due to Injury

This includes wages lost during recovery and potential future earnings lost if the victim cannot return to their former employment.

Physical and Emotional Trauma

Acknowledges the pain and suffering caused by the accident, compensating for both physical injuries and emotional distress.

Diminished Quality of Life

Compensation for the loss of ability to engage in daily activities and enjoyment of life that was possible before the accident.

Punitive Damages for Gross Negligence

In cases of extreme negligence, additional damages may be awarded to punish the offender and deter similar conduct. For example, in the cases of speeding or hit and run accidents.

Laws That Apply to Both Pedestrians and Motorists

According to Indiana Vehicle Operation Laws, there are many rights and obligations that pedestrians have while walking or crossing the streets, and we can help you determine if some of these regulations were not respected at the moment of the accident. Some of the most common laws that apply to these cases include:

Right of Way

Indiana law states that pedestrians have the right of way at crosswalks and intersections, but they must yield the right of way when crossing outside of a marked crosswalk or an intersection. Motorists must yield the right of way to pedestrians in crosswalks and intersections, and they are prohibited from overtaking a vehicle stopped at a crosswalk.

Pedestrian Control Signals

Pedestrians must obey all traffic control signals unless otherwise specified by a police officer.

Driving Under the Influence

Addresses the prohibition against operating a vehicle or walking in public spaces while under the influence of substances, underlining its legal and safety implications.

Distracted Driving

Motorists are prohibited from using electronic devices while driving or walking in a manner that interferes with their ability to safely navigate the roadway. Otherwise, this can considered distracted driving

Speeding

Motorists are prohibited from exceeding the speed limit, which is designed to ensure the safety of all road users, including pedestrians.

Jaywalking

Pedestrians are prohibited from crossing a street at an unmarked crossing area, as motorists are not expected to slow or stop for someone in an undesignated area of the road.

What is the Role of an Indianapolis Pedestrian Accident Lawyer in a Legal Case?

An Indianapolis Pedestrian Accident Lawyer plays a key role in any legal case involving a pedestrian accident who has suffered physical, emotional, or financial harm due to the negligence of another person or entity. A qualified injury lawyer is essential to representing the injured party and helping to ensure that they receive the maximum amount of compensation entitled to them under Indiana law.

The first step for an Indianapolis Pedestrian Accident lawyer is to evaluate your case and determine if there is sufficient evidence to pursue. We’ll then provide legal support and guidance throughout the entire process from filing a claim to going to court to represent you. Give us a call to discuss your case – we offer free case evaluations.

How long does it take to resolve a pedestrian accident case with a lawyer?

The amount of time it takes to resolve a pedestrian accident case with a lawyer can vary greatly depending on the specifics of the individual case. Factors that can affect this timeline include the jurisdictional court system, the complexity of the case, and how quickly parties involved are able to provide evidence and information.

How Much Does it Cost to Hire a Pedestrian Accident Lawyer in Indianapolis?

The cost of hiring an accident lawyer varies depending on the complexity of the case. In general, lawyers charge either a flat fee, or an hourly rate, or they don’t charge at all unless they win your case. If you win, then the law firm gets a percentage of the verdict or settlement dollar amount.

Christie Farrell Lee & Bell law firm has over 40 years of combined experience helping our clients get justice to live a better quality of life after an unfortunate injury. Give us a call today to discuss your case.