October is National Pedestrian Safety Month, an annual observance recognized by the National Highway Traffic Safety Administration (NHTSA) to raise awareness about pedestrian safety. It is an especially important reminder in Indiana, where pedestrians share increasingly busy roads with drivers, cyclists, and other road users.
According to Indiana’s 2024 traffic safety data, there were 1,543 crashes involving pedestrians statewide. Pedestrian safety is also an important issue in Indianapolis and communities across Central Indiana, where drivers and pedestrians share increasingly busy roads.
Why Fall Can Be a Dangerous Time for Pedestrians
As fall arrives, daylight hours become shorter. More people may be walking during low-light conditions, while drivers may encounter pedestrians during evening commutes, after-school activities, sporting events, and Halloween celebrations.
Reduced visibility can make it harder for drivers to see pedestrians, particularly at intersections, crosswalks, parking lots and driveways.
Drivers can help by:
- Slowing down, particularly in residential areas and school zones.
- Staying alert and avoiding distractions.
- Watching carefully for pedestrians when turning or entering and exiting driveways and parking lots.
- Never driving while impaired.
Pedestrians can improve visibility by:
- Wearing reflective or light-colored clothing.
- Carrying a flashlight after dark.
- Using designated crosswalks when available.
- Staying alert and avoiding distractions while walking.
Indiana Pedestrian Laws and Right-of-Way
Indiana law spells out what drivers and pedestrians should do at crosswalks, intersections, and pedestrian signals. For example, when a pedestrian signal displays “walk,” drivers must yield the right-of-way to pedestrians crossing in the direction of the signal. If there isn’t a marked crosswalk, there are still rules about when pedestrians can cross and when they need to yield to traffic.
Having the right-of-way does not eliminate the need for caution. Drivers and pedestrians both have a role in preventing collisions by remaining attentive and following applicable traffic laws.
Common factors in pedestrian crashes include:
- Distracted driving
- Speeding
- Failure to yield
- Impaired driving
- Turning vehicles at intersections
- Poor lighting or visibility
- Vehicles entering or exiting driveways and parking lots
What to Do After a Pedestrian Accident
A pedestrian struck by a vehicle can suffer serious injuries, including traumatic brain injuries, spinal injuries, fractures, and internal injuries. After a collision, safety and medical care should come first.
If you or a loved one is involved in a pedestrian accident:
1. Call 911 and get medical care.
Report the accident to law enforcement and get checked out by a medical professional. Some injuries may not be obvious right away.
2. Take photos of the scene.
If you’re able to do so safely, take photos of the vehicle, your injuries, the roadway, crosswalk, lighting, and anything else that may help show what happened.
3. Get contact information.
Collect the driver’s information, as well as the names and contact information of anyone who witnessed the accident.
4. Hold on to important evidence.
Keep any damaged clothing, shoes, or personal belongings. It’s also a good idea to save your medical records, bills, receipts, and other expenses related to the accident.
5. Be cautious when talking to insurance companies.
You may be contacted by an insurance company soon after the accident. Before discussing who was at fault or giving a recorded statement, consider talking with an attorney about your rights and options.
Evidence Can Disappear Quickly
Some evidence can disappear quickly. Security and traffic-camera footage may be erased or recorded over, and details can become harder for witnesses to remember over time.
Depending on the circumstances, relevant evidence may include:
- Surveillance or traffic-camera footage
- Vehicle data
- Cellphone records
- Witness statements
- 911 recordings
- Photographs and accident-scene documentation
Prompt action can help ensure potentially important evidence is identified and preserved.
Who May Be Responsible for a Pedestrian Accident?
Figuring out who may be responsible for a pedestrian accident isn’t always as simple as looking at who was behind the wheel. Depending on what happened, other parties, such as an employer, vehicle owner, property owner, manufacturer, or even a government entity, may also have a role.
Indiana generally follows a modified comparative-fault system in personal injury claims against private defendants. If an injured person is found to be more than 50% at fault, recovery may be barred. If the person is 50% or less at fault, any recovery may be reduced according to that person’s percentage of fault.
Claims involving a state or local government entity may be subject to different fault rules, notice requirements and deadlines. Because these requirements can affect a person’s ability to pursue a claim, it is important to understand the available options as soon as possible.
Potential damages in a serious pedestrian injury case may include:
Medical expenses • Lost income • Future medical or rehabilitative care • Pain and suffering • Permanent impairment • Other accident-related losses
Fatal crashes may also give rise to wrongful-death damages.
If a government entity is involved, there can be additional rules and deadlines to keep in mind, so it’s important to understand your options sooner rather than later.
Protecting Pedestrians This Fall
Pedestrian safety requires attention from everyone sharing the road. Whether you are driving, walking, running, or accompanying a child or older adult, slow down, stay alert, and make yourself visible after dark.
And with Halloween approaching, drivers should be especially cautious in residential neighborhoods where children and families may be walking after sunset. A few extra seconds of caution can make a meaningful difference.
If you or a loved one has been seriously injured in a pedestrian accident, the team at Johnson Jensen Williams is here to help you understand your options and the steps you can take.
Call us at 317.269.7799 or visit our website to learn more.
*This article is provided for general informational purposes only and does not constitute legal advice. Reading this article or contacting Johnson Jensen Williams does not create an attorney-client relationship.