Pedestrian Accident Attorney Crown Point

Common Causes of Pedestrian and Crosswalk Accidents in Northwest Indiana

Many pedestrian and crosswalk accidents are caused by a combination of driver negligence and environmental factors. Common causes include:

• Distracted Driving: Drivers who are using their phones, adjusting the radio, or otherwise not paying attention can easily miss pedestrians.
• Speeding: Higher speeds reduce a driver's reaction time and increase the severity of any impact on a pedestrian.
• Failure to Yield at Crosswalks: Many accidents occur when drivers fail to stop or yield the right-of-way to pedestrians at crosswalks.
• Driving Under the Influence: Alcohol or drugs impair a driver’s ability to react and make safe decisions, increasing the risk of hitting pedestrians.
• Poor Visibility: Accidents are more likely in conditions of poor visibility, such as at night, in fog, or during heavy rain.
• Ignoring Traffic Signals: Running red lights or stop signs or making illegal turns can lead to collisions with pedestrians.
• Turning Vehicles: Drivers who are focusing on the turn rather than on the crosswalk might fail to notice pedestrians.
• Poorly Designed Crosswalks and Intersections: Locations with unclear pedestrian signage, poor lighting, or inadequate crosswalk markings contribute to accidents.
• Pedestrian Distraction: Pedestrians using mobile devices or headphones might fail to notice signals or oncoming traffic.

Since they tend to move more slowly, children and elderly pedestrians are at higher risk of being hit by vehicles. Children's smaller statures and unpredictable movements can put them at additional risk.

Types of Pedestrian Accidents

Pedestrian accidents can occur in various scenarios, each with unique dynamics and risks. Common types of pedestrian accidents include:

• Crosswalk Accidents: A driver fails to yield to a pedestrian who is legally crossing at a crosswalk.
• Hit-and-Run Accidents: A driver collides with a pedestrian and then leaves the scene without offering aid or identifying themselves.
• Backing-Up Accidents: A driver fails to notice a pedestrian while reversing their vehicle, typically in a parking lot or driveway.
• Turning Vehicles at Intersections: A driver making a turn fails to notice a pedestrian crossing the street.
• Sidewalk Accidents: A driver veers off the road onto a sidewalk, hitting a pedestrian.
• Bus and Large Vehicle Accidents: A large vehicle, such as a bus or commercial truck, hits a pedestrian due to a blind spot or while making a wide turn.
• Electric Scooter and Bicycle Collisions: A pedestrian is hit and injured by someone riding an electric scooter or a bicycle.

While all types of traffic fatalities have risen in the past few years, pedestrian accident fatalities in the U.S. have increased at an alarming rate — 77% between 2010 and 2021. These statistics illustrate the significance of pedestrian safety in Indiana and across the U.S.

Common Injuries After Lake County Pedestrian Accidents

Pedestrian accidents often result in severe injuries due to the vulnerability of pedestrians compared to occupants of motor vehicles. Common serious injuries sustained in these accidents include:

• Broken Bones: Pedestrians may suffer fractures, especially in the legs, arms, ribs, and pelvis, due to the impact of the collision.
• Head Injuries: Traumatic brain injuries, including concussions, are common, especially if the pedestrian's head strikes the vehicle or the ground.
• Neck, Back, and Spinal Cord Injuries: These can range from herniated discs to severe spinal cord damage, potentially leading to paralysis.
• Soft Tissue Injuries: Sprains, strains, and tears in muscles, tendons, and ligaments are common due to the forceful impact of a vehicle.
• Internal Injuries: The impact can cause internal bleeding and damage to organs, which might not be immediately apparent.
• Lacerations and Bruises: Cuts, scrapes, and bruising are typical, especially in areas of direct impact.

Along with physical injuries, pedestrian accidents can lead to emotional and psychological conditions, including post-traumatic stress disorder (PTSD), anxiety, and depression.

Determining Fault in a Pedestrian Accident

Determining fault in a pedestrian accident involves assessing the actions of both the driver and the pedestrian and determining whether any party was negligent or reckless. Several key factors play a role in this determination:

• Traffic Violations: Unsafe driving practices, such as speeding or running a red light, can indicate fault.
• Driver Behavior: If the driver was distracted, under the influence of alcohol or drugs, or driving recklessly, they are likely to be found at fault.
• Pedestrian Behavior: Pedestrians can also be at fault, especially if they are jaywalking, crossing against traffic signals, or walking in areas where pedestrian access is restricted.
• Right-of-Way: Typically, pedestrians have the right-of-way in crosswalks and sidewalks; however, they are expected to obey traffic signals and use crosswalks where available.
• Environmental Factors: Poor lighting, obstructed views, or badly designed intersections can contribute to accidents, and the fault may partially lie with municipal authorities responsible for road safety.
• Witness Testimony and Surveillance Footage: These can provide crucial evidence about the circumstances of the accident.
• Expert Testimony: Accident reconstruction experts can investigate the specifics of the accident, including the speed of the vehicle and the point of impact.

In Indiana, fault can be shared between the driver and the pedestrian under the state’s comparative negligence law. If you are partially at fault, you can still seek compensation; however, your award will be reduced based on how much you contributed to the accident.

Compensation for Pedestrian Accident Case Victims

Compensation for pedestrian accident victims is intended to cover the costs and impacts of their injuries:

• Medical Bills: All medical expenses resulting from the accident, including emergency room visits, hospitalization, surgeries, medications, physical therapy, and any ongoing medical treatments.
• Lost Wages: Income lost due to the inability to work following the accident, including lost wages and potential future lost earnings if the injuries lead to long-term or permanent disability.
• Pain and Suffering: The physical pain and emotional distress caused by the injuries.
• Loss of Quality of Life: Changes in the victim’s ability to enjoy life and engage in activities they once found pleasurable or fulfilling.
• Rehabilitation Costs: The expenses for rehabilitation services, such as physical therapy or occupational therapy, which may be necessary for recovery.
• Property Damage: Personal property (like clothing, watches, or phones) damaged in the accident.
• Wrongful Death: Funeral expenses, loss of companionship, loss of future earnings, and other losses after a loved one is killed in a traffic accident.
• Punitive Damages: Awarded to punish the wrongdoer and deter similar behaviors in cases where the driver’s actions were particularly reckless or egregious.

The exact compensation will depend on the details of each case, including the severity of injuries, the circumstances of the accident, and applicable Indiana laws.

Statute of Limitations for Pedestrian Accident Lawsuits in Indiana

In Indiana, someone involved in a pedestrian accident has a two-year statute of limitations to file a lawsuit. This period starts from the date of the accident. It's essential to act within this time frame, as failing to file a lawsuit within these two years typically results in the loss of the right to seek legal remedies for the injuries sustained.

Why Choose Pedestrian Accident Injury Lawyers from Stracci Law Group?

We are committed to delivering results for our clients. We know how to challenge an insurance company that doesn’t want to pay, fighting for you to get just compensation quickly. Our legal experience and track record as fighters who win is why our clients trust us with their accident claims.

When we take on your case, we bring you:

Legal Guidance

We make legal advice more accessible than ever, with a team of Indiana lawyers dedicated to making the claims process simple and hassle-free. We’ll guide you on the right course of action that will give you a strong chance of success.

Fair Compensation

With our comprehensive knowledge of typical award amounts and our reputation with insurance companies, we’re ready to tackle negotiations and fight for fair compensation when you need it the most.

Fast Results

We get you results quickly. Our team begins the process as soon as we receive your call, mapping out a plan of action and vigorously pursuing your case.

Peace of Mind

While you’re resting and recovering, we handle the stress of fighting for fair remuneration. Our legal team handles pedestrian accident cases from start to finish and takes no payment until we successfully claim your compensation.

We’ll keep you updated along the way. There are no hidden fees and no complicated rules to follow, and we’ll give you time to rest and recuperate while we do the tough negotiating with the insurance companies.