Pedestrian Accidents

If you or a loved one was struck by a vehicle while walking, jogging, or simply trying to cross the street, attorney Matt Boulton wants to hear your story.

Pedestrian accidents are among the most serious personal injury cases at Boulton Law Group, often involving complex liability, significant medical bills, and the need for long-term physical care and cognitive treatment.

In many of these cases, attorney Boulton has determined that a driver was distracted, speeding, disobeying traffic signals, or otherwise negligent, resulting in them striking the pedestrian. Given the serious nature of pedestrian accidents, you should never try to handle or negotiate these claims on your own.

Boulton Law Group strongly recommends you request a free case review from an experienced Indiana pedestrian accident attorney. It’s a small step to take to help ensure your legal rights and claims to maximum compensation are protected.

Pedestrians: Indiana’s Most Vulnerable Accident Victims

Unlike the protection automobiles provide drivers, pedestrians are by comparison essentially bare, without any layers of protection between themselves and an oncoming vehicle.

The result of a car vs. pedestrian collision is almost always catastrophic, leaving victims with broken bones, traumatic brain injuries, spinal cord damage, or in the worst cases, a wrongful death.

Indiana sees hundreds of pedestrian injuries and fatalities each year, with several of our larger cities, such as Indianapolis, accounting for the majority of incidents. Many of these accidents occur at crosswalks, intersections, parking lots, and neighborhood roads where pedestrians have every right to expect drivers to exercise care. Unfortunately, distracted, impaired, and reckless drivers too often fail to do so.

Attorney Matt Boulton has spent more than 30 years fighting for the rights of Hoosiers who have been seriously injured due to the negligence of others. He brings that same dedication, successful track record, and award-winning experience to every pedestrian accident case he handles.

Common Causes of Pedestrian Accidents

Having successfully handled a variety of pedestrian injury cases throughout Indiana, attorney Boulton’s investigations have identified a number of factors that often lead to these collisions, and in the vast majority of his cases, it was determined the pedestrian had no fault:

Distracted driving

Distracted driving is notoriously cited as a leading cause of the accidents that occur on Indiana’s roadways, including incidents involving pedestrians.

The offenders that most often lead to distracted driving include phones, tablets, and in-dash screens, and it only takes a fraction of a second for a driver to avert their eyes from the road and strike an unsuspecting pedestrian.

In cases where a driver is suspected of being distracted by their phone, attorney Boulton can obtain official records from the carrier who provides service for the defendant’s mobile device.

Failure to yield at crosswalks

Indiana law requires drivers to yield to pedestrians in marked and unmarked crosswalks; however, many crosswalk accidents occur when a driver ignores or fails to notice a pedestrian who has the right of way.

Similarly, a number of crosswalk cases involve drivers making a left-hand or right-hand turn while being hyper-focused on oncoming traffic and failing to check for pedestrians in a crosswalk.

Attorney Boulton has a complete understanding of Indiana’s most recent crosswalk laws and can provide you with the legal answers you’ll need for your potential case.

Speeding

A number of Indiana’s most serious pedestrian accidents have been attributed to vehicles that are traveling at speeds above posted limits or too fast for conditions. Not only does speed give drivers and pedestrians less time to react, but the likelihood of traumatic injury rises significantly.

In cases where speeding is debated, attorney Boulton may seek out various types of evidence to help establish liability. Sources may include Indiana accident reports, available camera footage, witness statements, vehicle examination, injury analysis, and accident scene variables.

Impaired driving

Pedestrian accidents involving impairment are often the result of a driver who is operating a vehicle under the influence of alcohol or drugs; however, attorney Boulton has also investigated incidents in which a driver’s reaction time or judgement was negatively affected by a prescribed medication or other legal substance.

Poor visibility conditions

Indiana’s weather is routinely unpredictable and often plays a role in serious accidents by significantly reducing a driver’s field of vision. This unpredictability is especially dangerous to pedestrians who are also facing less than ideal weather conditions.

Some of the common poor visibility factors cited in pedestrian accidents include nighttime driving, fog, heavy rain and/or snow, and sun glare.

Despite conditions that create poor visibility, it doesn’t mean that drivers are less liable for any accident that causes injury to a pedestrian. Indiana law requires drivers to adjust their speed and attentiveness according to conditions–failure to do so is negligence.

Vehicles reversing or backing up

Driveways, parking lots, side streets, and alleys are common locations for accidents involving vehicles reversing or backing up without seeing a pedestrian behind them.

Unfortunately, children are especially susceptible to back-up accidents, especially in neighborhoods and areas with increased distractions, such as store parking lots.

Despite many of today’s vehicles possessing rearview cameras, attorney Boulton continues to review and investigate serious accidents that were the result of a driver backing into a pedestrian’s path.

Failure to obey traffic signals

Each year in Indiana, pedestrians sustain serious or fatal injuries due to a driver running a red light or stop sign. In many of these cases, it is found that the pedestrian was lawfully crossing the street at the time of the collision.

In addition to traditional traffic signals, Indiana’s ongoing road construction projects create a large number of temporary road signs and directions. Too often, drivers ignore or fail to give these signs the same importance as traditional signals.

Common Pedestrian Accident Injuries

The most important step following any pedestrian accident, is for the victim to seek immediate medical attention, even if injuries are not immediately apparent. Some of the most serious conditions, including traumatic brain injuries and internal bleeding, may not be visible or symptomatic right away.

The injuries sustained in pedestrian accidents are often severe and life-altering. Boulton Law Group regularly handles pedestrian injury cases involving:

• Traumatic brain injuries (TBI) and concussions
• Spinal cord injuries and paralysis
• Broken and fractured bones
• Internal organ damage
• Severe lacerations, road rash, and scarring
• Cognitive and/or psychological changes
• Soft tissue injuries to the neck, back, and shoulders
• Crush injuries and amputations
• Wrongful death

Because the injuries associated with pedestrian accidents greatly vary in scope and type, a number of Boulton Law Group’s clients experienced emerging symptoms in the days, weeks, and months following the accident that led to a previously unknown diagnosis and new treatment(s).

To help ensure a full and complete recovery, it’s critical for pedestrians to seek appropriate medical care and follow the instructions given to them by their doctors and specialists.

Indiana Pedestrian Accident Case

The following Indiana pedestrian accident case was investigated and handled by attorney Boulton. The Hamilton County Sheriff’s Department was first on scene and completed the initial police report.

Accident Report Details

According to the report, immediately before the collision the defendant’s vehicle was behind a stopped trash truck in the southbound lane of SR37, just south of Promise Road.

The defendant stated that they attempted to pass the stopped trash truck at the same time a pedestrian walked out from behind the truck. The defendant told the officer they believed the pedestrian had been struck by their vehicle’s passenger side mirror.

Additionally, the defendant stated that it looked like the pedestrian was looking in their direction and just walked out in front of their vehicle.

Due to the serious nature of their injuries, the pedestrian was in too much pain to give a statement to the investigating officer; however, the officer was able to speak to a witness who was a co-worker of the injured pedestrian.

According to the witness, they were in the trash truck parked in the southbound lane of SR 37 with their flashers activated. The witness and co-worker had exited the truck to empty trash on the east side of the SR 37.

Further, the witness stated while checking traffic in both directions, they noticed the defendant’s vehicle start to pass the trash truck. The witness yelled to the co-worker to “look out,” as they began to cross the street.

Additionally, the officer noted in the report that this section of SR 37 has a double-yellow center line making it a no-passing zone.

Pedestrian Injury Details

The ensuing collision between the defendant’s vehicle and the pedestrian resulted in incapacitating injuries that were initially believed to be a broken lower right leg.

The pedestrian was transported by ambulance to a local area hospital where they underwent immediate treatment.

Case Result Details

Due to the serious nature of the injuries, the pedestrian decided it would be best to retain the help of an Indiana pedestrian injury attorney to handle their entire claim. After considering a number of local firms, the pedestrian chose to hire Boulton Law Group.

Ultimately, attorney Boulton was able to remove liability from his client and settle the claim for policy limits totaling $100,000. The settlement included various types of compensation for his client, including payment of all medical bills, lost wages, and pain and suffering.

Your Legal Rights as an Injured Pedestrian

Under Indiana law, pedestrians who are injured due to a driver’s negligence have the legal right to seek compensation for their damages and losses, which can include one or more of the following:

• Medical bills (current and future)
• Lost wages and loss of earning capacity
• Pain and suffering
• Ongoing rehabilitation and care
• Emotional distress, e.g., PTSD
• Loss of consortium (relationship/companionship)
• Funeral and burial costs in wrongful death cases

Unfortunately, insurance companies often attempt to minimize or deny pedestrian accident claims. They may argue that the pedestrian was jaywalking, not paying attention, or was otherwise partially at fault. Ultimately, the goal of insurance companies is to reduce liability and pay out as little as possible.

Attorney Boulton has 30+ years experience reviewing and deconstructing the tactics insurance companies use to deny and devalue personal injury claims. He is prepared to counter these tactics with a thorough investigation, solid evidence, and aggressive representation on your behalf.

What to Do After a Pedestrian Accident

The steps you take immediately following a pedestrian accident can have a significant impact on your health and case. If you are physically able to do so:

Seek medical attention immediately. Call 911 and receive a full medical evaluation, even if you feel “okay.” Many serious injuries have delayed symptoms that may not appear for days, weeks, or even months.

Report the accident. A police report creates an official record of the incident and is valuable evidence for your claim.

Document the scene. If it’s possible, and can be done safely, photograph the location, the vehicle involved, your injuries, and any road conditions that may have contributed to the accident.

Get witness information. Names and contact information for anyone who witnessed the accident can be extremely helpful.

Do not speak to the insurance company. Before making any statements or answering calls from the insurance company, speak with an experienced personal injury attorney. Insurance adjusters are trained to minimize claims; even a casual comment could be used against you.

Contact Boulton Law Group. Attorney Boulton works one-on-one with all of his clients. If it is determined you are not liable for your injuries, he will take over, communicate directly with the insurance company on your behalf, and begin building your case immediately.

Frequently Asked Questions: Pedestrian Accidents

What if I was partially at fault for the pedestrian accident?

Indiana follows a modified comparative fault rule. This means that even if you were partially at fault for the accident, you may still be able to recover compensation, as long as your share of fault does not exceed 50%. Your total recovery would be reduced by your percentage of fault.

For example, if a case is valued at $100,000 and liability is split between the driver and pedestrian 70%-30%, respectively, the pedestrian’s case would be reduced by 30%, making the new value $70,000.

However, before accepting any blame or speaking to an insurance adjuster, it is strongly recommended that you consult with attorney Boulton first. His investigation and review of the facts may reveal that you have no fault for the accident, thus helping you to secure maximum compensation.

How long do I have to file a pedestrian accident claim in Indiana?

In Indiana, the statute of limitations for most personal injury claims, including pedestrian accidents, is two years from the date of the accident. If you miss this deadline, you may lose your right to recover compensation entirely.

In some instances there are exceptions to the two-year rule, such as in the case of a pedestrian who was under 18 at the time of the accident; however, it is strongly recommended that you contact attorney Boulton as soon as possible after an accident to determine your case’s specific statute of limitations date.

What if the driver who hit me was uninsured?

If you were struck by an uninsured or underinsured driver, you may still have options for recovering compensation. These may include your own uninsured/underinsured motorist (UM/UIM) coverage or other liable parties depending on the circumstances of your accident. Attorney Boulton will investigate all potential sources of coverage to maximize your recovery.

What is my pedestrian accident case worth?

Every pedestrian accident case is unique, and the value of your pedestrian claim will depend on several factors, including the severity of your injuries, your medical expenses, your lost income, the extent of your pain and suffering, available insurance coverages, and the degree of the driver’s negligence.

It’s important that you disregard anyone who claims to guarantee an outcome or the specific dollar value of your case without first having a complete understanding of the above variables.

Attorney Boulton can provide you with a thorough evaluation of your case during a free, no-obligation consultation.

Free Case Review | No Risk | Zero Fee Guarantee

Attorney Boulton offers all Indiana pedestrian accident victims and their families a Zero Fee Guarantee. This means your consultation and case evaluation are 100% free, and there are no charges or fees of any kind until your case is settled or won and compensation is secured on your behalf.

Additionally, each of Boulton Law Group’s clients work one-on-one with attorney Boulton throughout the duration of their time with the firm. This type of personal attention enables attorney Boulton to create a custom legal strategy designed to highlight the unique merits of every client’s case.

Attorney Boulton Can Start Working For You Today!

Founded and led exclusively by attorney Matt Boulton, Boulton Law Group is a top-rated Indiana personal injury firm dedicated exclusively to helping victims navigate their post-accident lives.

Attorney Boulton will meet with you at the hospital, your home, or wherever is most convenient. Our only focus is you, your recovery, and securing the maximum compensation you are owed.

Do not let the insurance company minimize what happened to you. Call attorney Boulton directly at 317-350-2680 or send him your story by using the firm’s confidential and free case review form.