A pedestrian accident in Fort Wayne can be stressful and expensive. With decades of legal experience, a Fort Wayne pedestrian accident lawyer from our law firm will work to secure the fair compensation you deserve, so you can focus on healing. Call us for a free case evaluation.
What Indiana Laws Protect Pedestrian Safety?
According to the Indiana Criminal Justice Institute, drivers must yield to pedestrians in both marked and unmarked crosswalks. Pedestrians must obey traffic signals and use sidewalks or crosswalks when available. If there is no sidewalk, you must walk facing oncoming traffic. Drivers have a duty to exercise due care and be particularly cautious around school zones and vulnerable pedestrians.
Do I Need an Attorney for an Indiana Pedestrian Accident?
Yes, if a pedestrian’s physical injuries were caused by someone else’s negligence, injury victims can take legal action. A Fort Wayne personal injury attorney can gather evidence (such as medical records, eyewitness statements, and surveillance footage), consult with experts, identify negligent parties, and negotiate with insurance companies. Most cases settle during negotiations, but if yours doesn’t, your Fort Wayne injury lawyers can file a lawsuit to recover full compensation.
Common Causes of Fort Wayne Pedestrian Accidents
Types of driver negligence:
- Distracted driving (like cellphone use)
- Failing to obey traffic signals and speed limits
- Recklessness
- Driving under the influence of alcohol or drugs
Other causes:
- Malfunctioning traffic signals
- Poor visibility caused by bad weather
Common pedestrian accident injuries include severe lacerations, internal bleeding, traumatic brain injuries, head trauma, broken bones, spinal cord injuries, nerve damage, and other injuries.
What to Do When Pedestrian Accidents Occur in Fort Wayne
When pedestrian-car accidents happen, follow these steps:
- Seek medical attention and keep all records of your medical treatment.
- Call 911 to report the incident. Obtain a copy of the police report.
- Don’t admit fault or post about the accident on social media.
- Obtain contact and insurance information.
- Contact us to discuss a personal injury claim.
Who Is Liable for Pedestrian Crashes in Fort Wayne?
Liability for pedestrian crashes in Fort Wayne depends on negligence. Drivers may be at fault for failing to yield, driving distracted, or speeding. Pedestrians can share responsibility if they act recklessly, such as crossing outside crosswalks or stepping into traffic. Government agencies or private property owners could share blame if they failed to maintain safe conditions, and those conditions caused the accident.
Indiana’s comparative negligence laws (Indiana Code § 34‑51‑2) allow you to recover damages if you’re partially at fault, provided your fault is 50% or less. Compensation decreases by your fault percentage, but no recovery is allowed if you’re 51% or more at fault.
Can an Injured Person Recover Compensation for a Fort Wayne Pedestrian Accident?
Injured pedestrians can seek compensation for serious and catastrophic injuries. Settlements can include medical bills (hospital, doctor, and physical therapy costs), lost wages, pain and suffering, and punitive damages in extreme cases. When devastating injuries lead to pedestrian fatalities, eligible family members can file wrongful death claims.
How Much Is My Fort Wayne Pedestrian Accident Case Worth?
An experienced attorney assesses the worth of a case by examining economic and non-economic damages, the severity of injuries, medical expenses, permanent scarring, lost income, and emotional distress.
How Much Time Do I Have to File a Pedestrian Accident Lawsuit?
According to the Indiana Office of Court Services, the statute of limitations for personal injury claims in Indiana is typically two years from the accident date. There may be some exceptions to this time limit, so be sure to consult an experienced personal injury attorney promptly to understand your deadlines.
Contact Our Pedestrian Accident Lawyers Today
If you or a loved one suffered serious injuries in a pedestrian accident caused by a negligent driver, contact a Fort Wayne pedestrian accident lawyer. Our legal team has a strong track record of helping injury victims across the Midwest, and we can help you with financial recovery.
Free Initial Consultation
We offer a free consultation to review your pedestrian-motor vehicle case, explain Indiana’s legal process, and answer your questions. Our Fort Wayne personal injury lawyers operate on a contingency fee basis, so you don’t pay attorney fees unless we win your case.
(312) 223-1700