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These days, cars are equipped with numerous safety features designed to keep drivers and passengers safe. Unfortunately, none of those will protect a pedestrian struck by a vehicle. People who are hit by cars while walking are substantially more likely to suffer serious injury or death.

Accidents involving pedestrians are substantially more common in urban areas. Since Fort Wayne is the second-largest city in Indiana, cars pose a real threat to its citizens on a daily basis. Fortunately, if you or a loved one finds themself the victim of someone else’s negligent driving, you have legal rights and can seek to recover substantial compensation for your losses.

Wruck Paupore’s experienced legal team takes pride in our ability to help clients struggling with serious injuries get the compensation they deserve. To get a free case assessment and get on the road to recovery, call our Fort Wayne pedestrian accident attorneys today at (219) 322-1166.

Common Causes of Pedestrian Accidents in Fort Wayne

In urban areas like downtown Fort Wayne, car traffic moves close to foot traffic. Even the slightest mistake behind the wheel can put pedestrians in danger. Below are some of the most frequent situations that our Fort Wayne pedestrian accident lawyers find lead to vehicular collisions with pedestrians.

Distracted Driving

These days, almost everyone has a smartphone. It can be difficult to keep one’s eyes on the road, but under Indiana law, typing text messages and scrolling through emails is against the law while behind the wheel. This includes when the vehicle is stopped at an intersection. One of the most common ways drivers hit pedestrians occurs when the driver takes their foot off the brake and accelerates forward through a red light, mistakenly assuming that the light has turned green while still looking down at their screen.

Failure to Yield

Any driver operating on public roads must at all times be aware of who has the right of way. The “right of way” refers to who has priority to take a particular path. For instance, if a driver is making a right turn on a green light, but the pedestrian crossing ahead has a walk light, the pedestrian has the right of way. If the driver wrongly assumes that they have the right of way, they could negligently accelerate into the turn, colliding with the pedestrian who was rightfully crossing the street.

Speeding

Fort Wayne has a legal speed limit for every public road (and many private access roads). These speed limits are not arbitrary. They are determined by professional traffic engineers to provide a driver with ample time to avoid a dangerous situation. Drivers who exceed the speed limit give themselves shorter reaction times and are likely to be at least partially liable for hitting a pedestrian, even if the pedestrian is crossing the street in the wrong place.

Drunk Driving

Drugs and alcohol also impact a driver’s reaction time, not to mention their motor skills and ability to stay awake behind the wheel. If the driver involved in a pedestrian accident in Indiana was intoxicated at the time, there is a high probability they will be liable for paying compensatory damages, not to mention possible punitive damages, which are only available in situations where the defendant’s reckless behavior warrants punishment. Our Fort Wayne pedestrian accident lawyers can help you identify if your situation calls for punitive damages.

Liability for Fort Wayne Pedestrian Accidents

You may be able to recover compensation for pedestrian accident damages through a lawsuit. This is contingent on you showing that the defendant’s negligence caused the accident. Typically, if your situation matches any of the common examples of pedestrian accidents listed above, you have a good chance to prove that the driver was at fault. This is because each of those examples involves some traffic regulation violation. A driver who breaks the rules of the road is liable for the accident, provided that their violation actually caused the accident as opposed to someone else’s negligence.

Liability may not always be so clear in every case, however. For instance, if more than one car was involved in the collision that caused the pedestrian injury, either one (or potentially all) of the drivers could be at fault for causing the accident. If the collision occurred because of poorly maintained features or unclear signage on the road, liability could lie with the person responsible for making that area safe. This could be a public road, where a government body would be responsible. However, improperly maintained driveways or access roads in a shopping center could create liability for their private owners or managers.

Every case is different and it’s critically important that you obtain advice from an experienced pedestrian accident lawyer as soon as possible after the incident.

Fort Wayne's Comparative Negligence Rules for Pedestrian Accidents

In some situations, the injured pedestrian may share some of the blame for causing the accident. But Indiana law ensures that the injury victim can still seek at least a portion of their damages. The State of Indiana uses the popular “51% fault” modified comparative negligence system.

This means that a pedestrian may still file a lawsuit against the party responsible for causing the accident even if their own negligent actions contributed to it. The consequence in these situations is that the court may reduce the damage award proportionally to the plaintiff’s level of fault. However, if the plaintiff’s negligence is greater than 50% at fault for causing the accident, they cannot recover anything.

For instance, let’s say that a driver was out late at night and performed a rolling stop at a stop sign, where a jogger wearing all black rightfully believed that they had time to cross. The driver did not see the jogger crossing and ran into them past the stop sign. The jogger sues the driver for the harms they suffered due to their injuries, claiming $200,000.

A court may determine that the driver was liable for failing to stop at the stop sign and hitting the jogger. However, the court could also find that the pedestrian shared 25% of the fault for their failure to wear reflective gear while running at night. Thus, the pedestrian would only recover $150,000, or the remaining 75% of the damages attributed to the driver’s negligence.

Our Fort Wayne Pedestrian Accident Lawyers Can Help You Get Compensarted

To get a free initial case evaluation, call the seasoned Fort Wayne pedestrian accident attorneys at Wruck Paupore Injury Lawyers. You can reach us at any time at (219) 322-1166. The call and your case evaluation is completely free.

Proven Results

$875,000

Nursing Home Abuse

Woman suffering physical and emotional abuse at nursing home.

$25,000,000

Traumatic Brain Injury

Client injured in auto accident after driver ran stop sign.

$940,000

Post-Concussion Disorder

Women rear-ended while stopped at red light

$1,250,000

Medical Malpractice

Patient suffering nerve damage following hip operation.

$12,000,000

Semi-truck Accident

Woman suffering a traumatic brain injury following semi-truck accident.

$10,500,000

Slip and Fall

Woman suffering severe hip and ankle fracture after falling on defective step.

$797,000

Post-Concussion Disorder

Man suffered headaches and other post-concussion symptoms from vehicle crash.

$1,750,000

Semi-Truck Accident

Woman suffering post-concussion syndrome after vehicle rear-ended by tractor trailer.

$7,250,000

Traumatic Brain Injury

Man physically assaulted at his workplace.

$945,000

Auto Accident

Woman suffered from an ankle fracture after a truck turned in front of her vehicle.

$1,525,000

Auto Accident

Man suffered back injury after head-on collision.

***Every case is unique and your results will differ. Contact us for a free case review of your circumstance.

"A great experience from beginning to settlement. Handled our case from start to finish. Explained every step and communicated very well."
– William H.
"Don did a great job on my case! Staff was amazing! Kept me in the loop the entire time. I highly recommend!!!!"
– Dana L.
"Wruck Paupore did more than they promised and did all of the work. I was worried about bills and dealing with insurance people. They did everything while I recovered. They were not concerned about earning money but about helping me and my husband."
– Edithe P.
"It was awesome watching Donald Wruck at work during mediation. He really fights for his clients."
– Lisa L.
"Great results in our auto accident case. Everyone was very helpful and I got a fantastic result. All my bills are paid and I can move on with my life."
– Trisha L.
"Wruck Paupore was fantastic. I was informed every step of the way, they did all of the work, and I got my case settled."
– Idell J.
"Exceptional team. They took on my case and made sure that I was consulted on every issue. If it wasn’t for the caring staff and my legal team I don’t know what I would have done. Everyone did an awesome job thanks so much for your help."
– Rhonda M.
"Attorney Wruck did an amazing job in settling my personal injury case. His knowledge and experience specific to semi-truck accidents made all of the difference in the outcome of my case; the settlement exceeded my expectations!"
– James M.
"I can’t say enough about Don Wruck and the staff at Wruck Paupore PC Law Offices. When we were in our accident we were already very shaken and confused and in pain. Don and his staff took over with a gentle hand and took care of everything."
– James H
"We are so thankful with how the lawyers and staff handled our case. The folks at Wruck and Paupore were always pleasant and helpful in all their phone calls and letters. It was always a pleasure to get their calls. We were especially pleased with their tenacious pursuit of the goal of full recovery which was far greater than we could have imagined."
– Jay Zoellner
"A great experience from beginning to settlement."
– William R.
"From start to finish, Wruck Paupore PC Law were the best! Knowledgeable and straightforward, they explained the process, start to finish, and gave guidance while allowing us to determine the best course of action to take. We would highly recommend them and would certainly use them again."
– Chris V.
"My case wasn’t very large, but they made it easy to recover damages when the insurance company didn’t even want to cover basic costs. The firm was responsive to my inquiries, and very clear about what was required and what could be expected, during every step of the process."
– Wayne M.
"Attorney Wruck did an amazing job in settling my personal injury case. His knowledge and experience specific to semi truck accidents made all of the difference in the outcome of my case; the settlement exceeded my expectations! The staff at his firm was helpful, responsive and caring during a difficult time following a life-altering experience. I highly recommend Attorney Wruck and his firm."
– J B
"After being involved in a car accident, I was very fortunate to work with Don Wruck. He explained everything to me and my family and made me feel involved in all decisions. I was very happy with the result of my case and happy to have found this firm!"
– Kayla D.
"Wruck Paupore didn’t just represent me. They truly understood my case, but also what I lost. They simply refused to quit. Professional, accessible, informative, transparent, immensely qualified and completely honest. I basically trusted this firm with my future. One decision I’ll never regret. There’s a certain peace of mind you feel when professionals of this level have your back."
– Pat D.

Your Legal Team

Your Legal Team


Top-Rated Litigator.
Helping injury victims move forward.

Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.

More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.

Best Indiana Auto Accident Lawyer
Understanding the Insurance Company:
Getting Results.

In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.

Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.

Best Personal Injury Lawyers Indianapolis
More than 40 Years of Experience.
Still Fighting for Justice.

For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.

Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.

Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.

Best Nursing Home Abuse Lawyers Indiana

Real Client Testimonials


Proven Results

$875,000

Nursing Home Abuse

Woman suffering physical and emotional abuse at nursing home.

$25,000,000

Traumatic Brain Injury

Client injured in auto accident after driver ran stop sign.

$940,000

Post-Concussion Disorder

Women rear-ended while stopped at red light

$1,250,000

Medical Malpractice

Patient suffering nerve damage following hip operation.

$12,000,000

Semi-truck Accident

Woman suffering a traumatic brain injury following semi-truck accident.

$10,500,000

Slip and Fall

Woman suffering severe hip and ankle fracture after falling on defective step.

$797,000

Post-Concussion Disorder

Man suffered headaches and other post-concussion symptoms from vehicle crash.

$1,750,000

Semi-Truck Accident

Woman suffering post-concussion syndrome after vehicle rear-ended by tractor trailer.

$7,250,000

Traumatic Brain Injury

Man physically assaulted at his workplace.

$945,000

Auto Accident

Woman suffered from an ankle fracture after a truck turned in front of her vehicle.

$1,525,000

Auto Accident

Man suffered back injury after head-on collision.

***Every case is unique and your results will differ. Contact us for a free case review of your circumstance.

"A great experience from beginning to settlement. Handled our case from start to finish. Explained every step and communicated very well."
– William H.
"Don did a great job on my case! Staff was amazing! Kept me in the loop the entire time. I highly recommend!!!!"
– Dana L.
"Wruck Paupore did more than they promised and did all of the work. I was worried about bills and dealing with insurance people. They did everything while I recovered. They were not concerned about earning money but about helping me and my husband."
– Edithe P.
"It was awesome watching Donald Wruck at work during mediation. He really fights for his clients."
– Lisa L.
"Great results in our auto accident case. Everyone was very helpful and I got a fantastic result. All my bills are paid and I can move on with my life."
– Trisha L.
"Wruck Paupore was fantastic. I was informed every step of the way, they did all of the work, and I got my case settled."
– Idell J.
"Exceptional team. They took on my case and made sure that I was consulted on every issue. If it wasn’t for the caring staff and my legal team I don’t know what I would have done. Everyone did an awesome job thanks so much for your help."
– Rhonda M.
"Attorney Wruck did an amazing job in settling my personal injury case. His knowledge and experience specific to semi-truck accidents made all of the difference in the outcome of my case; the settlement exceeded my expectations!"
– James M.
"I can’t say enough about Don Wruck and the staff at Wruck Paupore PC Law Offices. When we were in our accident we were already very shaken and confused and in pain. Don and his staff took over with a gentle hand and took care of everything."
– James H
"We are so thankful with how the lawyers and staff handled our case. The folks at Wruck and Paupore were always pleasant and helpful in all their phone calls and letters. It was always a pleasure to get their calls. We were especially pleased with their tenacious pursuit of the goal of full recovery which was far greater than we could have imagined."
– Jay Zoellner
"A great experience from beginning to settlement."
– William R.
"From start to finish, Wruck Paupore PC Law were the best! Knowledgeable and straightforward, they explained the process, start to finish, and gave guidance while allowing us to determine the best course of action to take. We would highly recommend them and would certainly use them again."
– Chris V.
"My case wasn’t very large, but they made it easy to recover damages when the insurance company didn’t even want to cover basic costs. The firm was responsive to my inquiries, and very clear about what was required and what could be expected, during every step of the process."
– Wayne M.
"Attorney Wruck did an amazing job in settling my personal injury case. His knowledge and experience specific to semi truck accidents made all of the difference in the outcome of my case; the settlement exceeded my expectations! The staff at his firm was helpful, responsive and caring during a difficult time following a life-altering experience. I highly recommend Attorney Wruck and his firm."
– J B
"After being involved in a car accident, I was very fortunate to work with Don Wruck. He explained everything to me and my family and made me feel involved in all decisions. I was very happy with the result of my case and happy to have found this firm!"
– Kayla D.
"Wruck Paupore didn’t just represent me. They truly understood my case, but also what I lost. They simply refused to quit. Professional, accessible, informative, transparent, immensely qualified and completely honest. I basically trusted this firm with my future. One decision I’ll never regret. There’s a certain peace of mind you feel when professionals of this level have your back."
– Pat D.