Accidents involving pedestrians who are jaywalking can be some of the most challenging cases to sort out under Indiana law. When a car hits someone crossing outside of a marked crosswalk, both parties may share some level of responsibility for what happened.
Drivers are expected to watch for people on foot, even when those people are not strictly following the rules, but pedestrians also have a duty to cross safely and follow traffic laws. It’s important to look closely at all the details to figure out who is liable and how much each person’s actions contributed to the crash.
Indiana’s Law on Jaywalking
Jaywalking occurs when a person crosses the street somewhere other than a marked crosswalk or does not follow the signals telling them when it’s safe to walk. It is considered jaywalking when a pedestrian crosses in the middle of a block, away from intersections, or walks against a red light. In Indiana, pedestrians who cross the road outside of these areas must give the right-of-way to cars already traveling on the road.
Sec. 7. A pedestrian crossing a roadway at a point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
This law puts the responsibility on people walking to wait for a clear break in traffic and make sure it’s safe before stepping into the street anywhere that isn’t a marked crossing.
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How Does Jaywalking Affect Liability in Pedestrian Accidents?
When a pedestrian is hit by a car while jaywalking, the question of who is at fault isn’t always clear-cut. The law in Indiana recognizes that both the driver and the pedestrian can share responsibility for the incident. If a person crosses the street somewhere they shouldn’t, like the middle of the block or against a light, they are not following Indiana’s pedestrian laws. This could make them at least partly responsible for their own injuries.
Modified Comparative Negligence in Indiana
Indiana uses a rule called modified comparative negligence when it comes to personal injury claims. Under this rule, the court will look at everyone’s actions and decide what percentage of blame each party holds. If the pedestrian is found to be more than 50% responsible for causing the accident, they cannot recover any damages from the driver.
Sec. 6.
- (a) In an action based on fault that is brought against:
- (1) one (1) defendant; or
- (2) two (2) or more defendants who may be treated as a single party; the claimant is barred from recovery if the claimant’s contributory fault is greater than the fault of all persons whose fault proximately contributed to the claimant’s damages.
- (b) In an action based on fault that is brought against two (2) or more defendants, the claimant is barred from recovery if the claimant’s contributory fault is greater than the fault of all persons whose fault proximately contributed to the claimant’s damages.
If the pedestrian is 50% or less at fault, they can still recovery compensation, but their award will be reduced by their share of fault. For example, if a pedestrian is found 30% at fault and is awarded $10,000, they would actually receive $7,000.
Understanding these rules is important for drivers and pedestrians after being involved in an accident since fault directly affects whether a claim will succeed and how much might be paid out.
What Should You Do After a Pedestrian Accident?
If you are involved in an accident with a pedestrian, what you do right away can make a big difference for your safety and your legal situation.
- Call 911 immediately and stay at the scene until help arrives.
- Exchange insurance and contact details with the pedestrian and any other drivers involved. Stay calm, be polite, and do not admit fault at the scene.
- Take photos of the accident location, vehicle positions, nearby traffic signals or signs, and any visible injuries or property damage.
- Gather names and phone numbers of witnesses who saw what happened.
- Ask for a copy of the police report once it’s ready, as this official record is useful if there’s a dispute about what took place.
- Contact a personal injury lawyer soon after the crash, especially if there are questions about jaywalking or fault.
Being careful and thorough in the minutes, hours, and days after a pedestrian accident can protect you from future legal and financial problems.
How a Personal Injury Lawyer Can Help in a Jaywalking Accident
If you’re a driver involved in a crash with a jaywalking pedestrian, working with a personal injury lawyer can be crucial to protecting your interests. Here’s how an attorney can help on your side:
Gathering Evidence and Accident Analysis
A lawyer will thoroughly review the accident scene, get photographs, obtain police reports, and find witnesses to help show exactly what happened. They may also use accident reconstruction experts to demonstrate the steps you took to avoid the crash.
Building a Solid Legal Defense
Attorneys know how to present defenses, such as proving the pedestrian was crossing illegally or was more responsible for the accident than you were. They make sure the story that gets told in court or to the insurance company accurately reflects your side of what happened.
Handling Insurance and Lawsuit Paperwork
If a claim is filed against you, your lawyer will communicate with insurance adjusters, provide required documents, and negotiate to protect you from expensive or unfair payouts. They can also help you file a claim against the pedestrian if you were injured because of their jaywalking.
Reducing or Avoiding Liability
By showing your actions were reasonable given the situation, your attorney can help reduce the percentage of fault assigned to you or may even clear you from fault if the pedestrian’s own actions were the primary cause.
Having an experienced pedestrian accident lawyer to advocate for you helps make sure you’re not unfairly blamed for an accident that was out of your control. If you have any questions or need help, contact us today to schedule a free consultation.
