Chesterton has seen a marked increase in pedestrian accidents. According to the same report, the pedestrian accident rate increased an average of six percent each year since 2012. If you or a loved one was the victim of an accident while walking, you should contact a Chesterton pedestrian accident lawyer to explore your options. Contact a distinguished personal injury attorney to review the facts of your case before pursuing damages. En Español.
The person at fault in the accident will be the one who acted negligently or recklessly. Just like drivers and bicyclists, pedestrians also have rights and obligations on the roadway and sidewalks. Most importantly, pedestrians must follow all pedestrian control signals, including the signs at crosswalks.
As Chesterton pedestrian accident lawyers know, under Indiana Code 9-21-17-1, pedestrians must also use a sidewalk where it is available. If it is not available, pedestrians should use the shoulder of the road. When pedestrians violate these rules, and the violation of this rule results in a pedestrian accident, then it is possible the legal fault lies with the pedestrian, along with the damages resulting from the accident.
More commonly, drivers tend to cause pedestrian accidents through their negligence. According to information from the Indiana State Police Automated Reporting Information Exchange System, drivers were at fault, or negligent for 62 percent of the pedestrian accidents in 2016.
According to the state of Indiana, there are several common causes of pedestrian accidents. As a Chesterton pedestrian accident lawyer has seen, some of the most common causes of a collision with a walker include if a pedestrian is:
Sometimes a driver will flee the scene after hitting a pedestrian. If no one is able to identify the vehicle or the license plate, it is still possible to proceed with a legal action. If the driver can be identified, a pedestrian would have a claim for injuries against them. If the driver cannot be identified, then the runner would have a hit-and-run claim under their own auto insurance policy. Even though they were not occupying a car at the time they were hit, uninsured motorist and hit-and-run coverage involves any injury resulting from the operation of a motor vehicle. It is especially important to make a police report if they are struck by a car which subsequently flees the scene.
When a vehicle strikes a pedestrian who is not on the roadway, for example, while walking on the sidewalk, the driver was at fault 90 percent of the time. When a pedestrian accident occurs on the shoulder of the road, the driver was at fault 82 percent of the time in 2016.
Whether it is bicycle lane or a dedicated pedestrian lane, when a pedestrian accident occurs in a part of the road that the vehicle is not allowed, the driver of the vehicle was at fault for the accident almost two-thirds of the time.
While it is important to speak with a pedestrian crash lawyer as soon as possible following an accident in Chesterton, the police will usually be on the scene and take a statement prior to someone consulting with a lawyer. While there is not necessarily anything wrong with this, it is still the best-case scenario for someone to have a legal advisor as soon as possible after this type of accident.
Police are trained on how to investigate accidents, which includes gathering the information of all parties involved and generating a police report. Typically, the police officer will also draft a narrative about their investigation of the pedestrian accident. Most insurance companies will rely on the police report in determining whether the driver was responsible for injuries to the pedestrian.
Because pedestrians lack the protection of a car, these accidents can be devastating. Many times, pedestrians are left with severe injuries that can require medical treatment and time away from work. If someone suffered an injury due to the negligence of a driver they may be able to seek compensation for medical bills, lost income, pain and suffering, and emotional trauma.
To seek compensation in a pedestrian accident, it is important to contact a Chesterton pedestrian accident lawyer. With knowledge of the local laws and roadways, a local lawyer may have the experience and knowledge to empower any injured victim to make the best legal options available.