Both pedestrians and drivers are required to comply with the rules of the road but also have their own set of laws that apply specifically to them. When a driver violates one or more traffic laws resulting in an accident with a pedestrian, he/she can be held liable for any damages they cause the victim to suffer. Now, in order to determine if you have a legitimate case on your hands, you will need a personal injury lawyer in Hammond, IN to review the details of the incident to determine whether the driver did, in fact, violate a law and if you were in compliance with all state laws at the time of the incident.
As a pedestrian, if it is determined that you failed to meet the obligations the State of Indiana has outlined in its laws, you risk not being awarded the compensation you may now be needing. If you would like to sit down with a personal injury attorney in Hammond, IN to discuss your recent accident, contact Marshall P. Whalley & Associates, PC to set up a time to come in and meet with one our respectable and skilled lawyers.
Understanding Your Rights as a Pedestrian
As a pedestrian, it is important that you become familiar with what your rights are so that you can determine if the driver who hit you violated them, which would be considered an infraction. When you are able to identify the exact law(s) that the driver broke, you increase your chances of winning your case and recovering compensation for things like medical bills, lost wages, pain and suffering, mental anguish, and more. Some of the rights a pedestrian has in the state of Indiana include:
- IC 9-21-17-2- When a pedestrian enters a crosswalk with control signals and the signal displays a flashing or steady “walk,” it means the pedestrian may proceed to cross the road in the direction of the signal and “a person who drives a vehicle shall yield the right-of-way to the pedestrian.”
- IC 9-21-17-13- The right to utilize the shoulder of the road, as far away from the edge as possible, when a sidewalk is not available for use.
- IC 9-21-17-14- The right to walk on the outside edge of the road when a sidewalk or shoulder is not available.
[Source: Indiana General Assembly].
Your Obligations as a Pedestrian in Indiana
Just as pedestrians have rights, they also have obligations when sharing the road with drivers. As we mentioned, if a pedestrian has failed to comply with any state laws at the time they were hit by a motorist, they could potentially lose their chance to recover compensation or reduce the amount they are entitled to collect based on their percentage of fault. Some pedestrian obligations include:
- IC 9-21-17-1- “Pedestrians are subject to traffic and pedestrian control signals.”
- IC 9-21-17-14- When there is no sidewalk or shoulder for a pedestrian to walk on where traffic is permitted to operate in both directions, the pedestrian must walk on the left side of the road.
- IC 9-21-17-12- When a sidewalk is available, a pedestrian is prohibited from walking along or in the road.
- IC 9-21-17-10- A pedestrian is not permitted to cross a roadway intersection diagonally unless they have been authorized by official traffic control devices to do so. “When authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic control devices pertaining to diagonal crossing movements.”
- IC 9-21-17-7- When crossing the road at any area other than a designated pedestrian crosswalk or within an unmarked crosswalk at an intersection, a pedestrian must yield the right-of-way to all vehicles in the road.
- IC 9-21-17-5- A pedestrian is not permitted to “suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard.”
[Source: Indiana General Assembly].
There are other laws that apply to both pedestrians and motorists and to find out which one the driver who hit you violated, contact our office today so we can determine the legitimacy of your case and potentially help you recover the hundreds or thousands of dollars you might be entitled to collect. You can reach our office at 219-769-2900 to schedule a time to come in for an initial consultation.
You can also visit Marshall P. Whalley & Associates, PC at:
51 W. 112th Avenue
Crown Point, IN 46307