What Happens if a Pedestrian is Hit Outside a Crosswalk in Indiana?

Pedestrians are only supposed to cross roads in the crosswalk. But not every road has crosswalks, and poor road planning may mean there is no practical place to cross without walking far out of your way. So what happens if a pedestrian gets hit between crosswalks?

There are plenty of accidents outside of crosswalks where the driver would obviously be at fault, such as if they clipped a pedestrian who was walking on a sidewalk or they jumped the curb and crashed into a pedestrian on the side of the road. Otherwise, the case needs to be investigated on a case-by-case basis, and crossing between marked crosswalks may be perfectly legal.

For help with your pedestrian accident case, call the Indianapolis pedestrian accident lawyers at Wruck Paupore at (219) 322-1166.

Is it Legal to Cross Between Crosswalks in Indiana?

Crosswalks are designed as places where pedestrians can cross safely. The law requires drivers to yield to pedestrians in crosswalks, and marked crosswalks and signs/signals help keep pedestrians safe. But is it really the only place it is legal to cross the road?

The Law

Under I.C. § 9-21-17-4, all crosswalks are supposed to be marked. On top of that, § 9-21-17-9 makes it illegal to cross between marked crosswalks, and § 9-21-17-7 says to yield to cars on the roadway.

That being said, crossing at a crosswalk is not always possible or practical. Sometimes on rural or suburban roads, there is no crosswalk – so what are you supposed to do? Just never cross the road?

Reality

While I.C. § 9-21-17-7 says you must yield to cars when crossing outside of a crosswalk, it also talks about the possibility of an “unmarked crosswalk.” Crossing at an intersection that is designed for pedestrians to cross or has signals is perfectly legal.

If crossing at any other location, you should yield to cars on the road and cross when safe.

Can You Win a Case if You Were Hit Crossing Between Crosswalks?

Even though you are supposed to yield to drivers on the road when crossing between crosswalks, you may still have a case if you were hit between crosswalks.

Did You Follow the Law When You Entered the Roadway?

If you were following the law when you entered the street, then you were not doing anything wrong. Accidents in the middle of the street often happen because drivers sped around a blind corner or were speeding unreasonably when the pedestrian was already in the street.

If you looked both ways, yielded to any cars on the road, then you began crossing legally, you should not be held partially at fault when the driver did something wrong after that.

Your Fault vs. the Driver’s Fault

Indiana works on a comparative negligence system, meaning that just because you did something wrong doesn’t mean the case was all your fault. Courts have to weigh your degree of fault against the defendant’s degree of fault when analyzing accident cases.

If you are 50% at fault or less, you can still recover reduced damages. You are only blocked from suing if you are over 50% at fault.

Fault for Pedestrian Accidents for Places Other than Crosswalks

There are plenty of places other than marked crosswalks where a crash might occur, and many of them are still the driver’s fault.

Unmarked Crosswalks

Unmarked crosswalks have the same rules as marked crosswalks, so pedestrians should be allowed to cross when they have a proper signal.

Between Crosswalks

As mentioned, it is illegal to cross between crosswalks, but if you yield to cars on the road, then anything that happens after that is assessed separately. It takes weighing the driver’s fault against your own fault to determine overall fault.

Sidewalks

If you are hit while on the sidewalk, then that is likely the driver’s fault. Cars should not be so close to the sidewalk that they clip drivers, and they should never leave the roadway and hop the curb onto the sidewalk.

Pedestrian Walkways

Similarly to sidewalks, pedestrian walkways are for pedestrians, not cars. However, some are shared with bikes, and it is important to stay to the right and out of the way of cyclists, or else you could be hit by a bike rather than a car.

In the end, drivers would usually be at fault for these crashes, but cyclists might not be if you got in their way because of inattention.

Parking Lots and Parking Garages

Parking lots are treated much like roads, but they are not roads. Because of this, the rules may be different, and we might need to look more at who was acting reasonably rather than whether any laws were explicitly broken.

In some cases, the property owner might be at fault for dangerous lighting, blind corners, poor signage, and dangerous designs.

FAQs for Crosswalk Rules in Indiana

Do Drivers Always Have to Yield to Pedestrians, or Just in Crosswalks?

In some states, drivers need to yield to pedestrians anywhere, while in others, this rule only applies in crosswalks.

As long as the pedestrian was following all signs and pedestrian signals, drivers have to yield to them in crosswalks. Drivers do not need to yield to allow pedestrians to cross roadways outside of a crosswalk but they do need to yield to pedestrians already in the street. They cannot just hit you.

If Drivers Have to Yield, How Do Crosswalk Accidents Happen?

Most accidents in crosswalks happen for these reasons:

• The driver had a green light and forgot to yield while making a turn.
• One car is waiting for someone to cross, and another driver passes them, striking the pedestrian.
• The driver did not yield as required.
• Speeding, drunk driving, and distracted driving.

In all of these situations, the driver’s actions are illegal.

Do You Sue or File a Car Insurance Claim for a Pedestrian Accident?

Typically, our pedestrian accident lawyers do both. We can explain the process for filing your claim in a free case evaluation and fight to maximize your damages.

Call Our Indiana Pedestrian Accident Lawyers Today

For a free case evaluation, call the Fort Wayne, IN pedestrian accident lawyers at Wruck Paupore at (219) 322-1166.