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Pedestrian accident

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porcelina68

Member
What is the name of your state (only U.S. law)? Indiana

About 3 weeks ago, my 18 year old son and 15 year old daughter were walking across a really busy intersection not far from our home. From what I understand, they were crossing against the light, and tried to run across at least the 2 southbound lanes. My daughter was struck - her left foot was hit and run over. Her ankle was dislocated, and her middle toe broken. Now, the ortho doctor is stating that there are possibly a couple of more small fractures - in her foot, and also her heel.

In the meantime, we have an ambulance bill, an ER bill, and these bills from the ortho doctor and the MRI and Xrays. Can we submit these bills to the driver's auto insurance company? Or should I wait until me medical insurance subrogation department becomes involved?
 


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tranquility

Senior Member
You can certainly submit it, but I think it likely it will be denied by the insurance company with the claim their insured did nothing negligent. In other words, you will need an attorney to have any chance of getting anything. I say that not because it seems you have a case, but you need to have someone experienced to review all the facts to see if the driver did do something wrong which will give rise to some level of damages. Even then, there is certainly going to be some level of fault (maybe most or all) laid at the feet of the children who were crossing against the light.
 
justalayman

justalayman

Senior Member
does the police report assign an initial fault in the issue? Were your children ticketed for jaywalking? Was the driver ticketed for anything?

IC 9-21-17-3
Duty to obey traffic control device; exception
Sec. 3. A pedestrian shall obey the instructions of an official traffic control device specifically applicable to the pedestrian, unless otherwise directed by a police officer.
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IC 9-21-17-5
Walking or running into the path of a vehicle; prohibition
Sec. 5. A pedestrian may not 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.
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IC 9-21-17-24
Violations; Class C infraction
Sec. 24. A person who violates this chapter commits a Class C infraction.
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From your description of the situation, I would worry more about whether there was any damage to the car involved that your child is likely liable for.
 
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ecmst12

Senior Member
Was she crossing in a crosswalk? In a crosswalk pedestrians can have the right of way even against the light. But outside a crosswalk, she was at fault and could even be liable for any damage to the vehicle that hit her!
 
T

tranquility

Senior Member
Not precisely on point as Indiana has since re-written the code, I can't find a contradictory Indiana case on a pedestrian's duty:
(indiana crosswalk pedestrian negligence - Google Scholar)

Indiana Code 9-4-1-87 sets out the standard of care to be used by a pedestrian using a crosswalk:

"Pedestrian's right-of-way at crosswalks. — (a) When traffic control signals are not in place or not in operation, the driver of vehicle shall yield the right-of-way, slowing down or stopping if the need be, so to yield to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger, but no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield." (emphasis added)

Accordingly, a pedestrian stepping onto a street from a curb or place of safety has a duty to make sure he is not stepping into the path of an oncoming car which would be unable to stop. Since the pedestrian has this duty, for the purposes of contributory negligence, he is charged with "constructive knowledge" of any oncoming traffic which was in plain view and could have been seen if the pedestrian had checked the street before entering it. This statutory duty differs totally from the common law duty, enunciated in Wallace, of a driver entering an intersection on the preferred street. The preferred driver has the right to assume the non-preferred driver will obey the traffic laws and is not required to proceed overly cautiously into an intersection and to be cognizant of everything in plain view.
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ecmst12

Senior Member
I said they CAN have the right of way, it depends on how the specific state's laws are written and I don't know every state's laws by heart.
 
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