Indiana’s Pedestrian Accident Laws are Often Misunderstood

Boulton Law Group receives too many pedestrian accident calls. It’s not that attorney Matt Boulton doesn’t want to help or can’t accept the cases. Instead, we’re aggravated by the number of Hoosier pedestrians that are hit by a vehicle on Indiana’s roadways. Why does it continue to happen?

Before we look at a couple of possible causes, it’s important to know it’s not just Indiana pedestrians being injured in these accidents. In 2021, the United States saw 7,485 (20 a day) people on foot killed by a motor vehicle. This number is the highest total of pedestrian accident-related deaths in 40 years.

What are the Causes of Pedestrian Accidents?

Based on his experience in handling pedestrian cases, Matt often sees a variety of liability factors that account for a person being struck by a vehicle, some of which include:

• Distracted drivers – the continued use of mobile devices and vehicle touchscreens.
• Speeding – drivers don’t see a pedestrian until its too late due to speed.
• Pedestrian’s actions – unaware of Indiana’s pedestrian laws, crossing at unmarked roadways, wearing dark clothing during evening/morning hours.
• DUI or WUI – Driving or Walking under the influence of alcohol or drugs.

Of these factors, “pedestrian’s actions” can be a source of confusion, as some Hoosiers are unfamiliar with the Indiana’s pedestrian laws (or they simply disregard them).

Have you ever heard anyone say, “Pedestrians always have the right of way?” Not only is it completely untrue, it’s harmful misinformation.

To help illustrate an example of a pedestrian accident that happened due to a violation of Indiana’s pedestrian laws, we’ll look at a recent incident involving a young person being struck at a Muncie, Indiana intersection.

Indiana Pedestrian Accident Case Example

This pedestrian accident involves a person who was seriously injured while attempting to cross an intersection on foot. To better understand the liability, we first need to review a copy of the Indiana accident report.

The report’s diagram helps to establish the location of the participants:

According to the narrative provided by the Muncie Police Department, the pedestrian “attempted to cross the street in the flow of traffic.”

The vehicle that struck the pedestrian was driving south on Main St, crossing through the Main St and Jackson St intersection.

The report then states that the cause of the crash was because the pedestrian didn’t yield the right-of-way to the vehicle while attempting to cross the street during the flow of traffic.

As a result, the pedestrian suffered multiple injuries that required ambulance transport to a local area hospital.

What did the Muncie Police Department use to help them determine liability in this case?

First, a number of independent witnesses observed the accident and stated the pedestrian walked into the flow of traffic without giving the right of way.

Second, the driver of the vehicle stated that they didn’t see the pedestrian until it was too late. The report also indicates the driver was not speeding or under the influence, and the accident happened during daylight hours.

Indiana accident victims may seek compensation from the insurance company if they are no more than 50% liable for the accident that caused their injuries, however, in this instance the pedestrian was found to be completely liable.

Indiana Pedestrians Must Give Right-of-Way to Flow of Traffic

Indiana law requires pedestrians to yield the right of way to vehicles based on adherence to traffic and pedestrian control signals.

For example, you must always yield or give right-of-way to vehicles if you are attempting to cross a street or roadway that is unmarked.

Additionally, pedestrians should never enter a marked crosswalk that is flashing ‘Stop’, ‘Red’ ‘Do Not Cross’, or shows an image of a hand held to indicate stop.

Indiana Pedestrian Accident Attorney

While we hope that these accidents begin to decline, there will be times when a family member or accident victim may need the help of an Indiana pedestrian injury lawyer.

If you were involved in a pedestrian-related accident and unsure of your legal rights, attorney Matt Boulton offers all Hoosiers a Zero Fee Guarantee. This means that you are never charged for a legal review, and you owe the firm nothing unless you hire us and we win your case.

If you’d like for Matt to review your potential case, you may contact him by using the firm’s confidential contact form. Matt reviews each web contact received at the firm. We look forward to hearing your story, and please stay safe out there!