Pedestrian Accidents Attorney in Elkhart, Indiana

pedestrian accidents attorney elkhart, in

Pedestrians should be able to feel safe walking on city sidewalks and in crosswalks at intersections. However, they are vulnerable to various kinds of accidents. Since they have no protection against a fast-moving car, truck, or bus, they can suffer from serious injuries or wrongful death as the result of a motorist’s reckless or careless behavior.

If you suffered harm in a collision, you could seek compensation for your injury-related losses. Fortunately, our skilled Indiana personal injury attorneys at Wilson & Kinsman LLC could help you recover compensation for all of your injuries and obtain damages for the pain and suffering you have endured. Contact us now and schedule an initial consultation to help you fight for your rights.

Why Do I Need a Pedestrian Accidents Attorney in Indiana?

People on foot are some of the most vulnerable travelers on the road. Pedestrians have no real protection in a crash, and they are at high risk for life-altering injuries such as broken bones, brain damage, spinal cord injury, or even wrongful death. However, keep in mind that you shouldn’t have to suffer due to someone else’s negligence. If you or a family member were involved in a car accident, then you could be entitled to file a personal injury claim.

  • At Wilson & Kinsman LLC, we provide strong legal representation for all types of automobile accidents and personal injury cases, including pedestrian accident claims in Elkhart, Michiana, South Bend, Goshen, and neighboring counties in Indiana.
  • Our credible Elkhart pedestrian accident attorneys will diligently work with you to fight for your rights and help you recover the financial compensation you deserve.
  • Our legal team will review your medical records and gather relevant information, such as the date, time, and place of the incident, and all the evidence from the car accident scene and the police public records to understand your situation better.
  • Depending on your situation, we will advise you on your best course of action so you can receive the damages you deserve and get your life back on track.
  • We are fully prepared to handle even the most difficult pedestrian accident claim. We are dedicated to protecting our clients both in negotiations with the insurance company and in the courtroom.
  • We invest the time and effort needed to prove liability, causation, and damage to help develop a legal strategy and fight for the best possible outcome in your case.

Personal injury and its related practice areas can be complex. Let us handle the legal elements of your case while you focus on your recovery. Contact our personal injury law firm now and schedule an initial consultation.

What is a Pedestrian Accident?

A pedestrian accident happens when a negligent motorcycle rider, bicyclist, or car driver causes a collision with a person traveling on foot. A pedestrian can be walking, jogging, or even sitting on a roadway. Pedestrian accidents often occur on the road, on a sidewalk, in a parking lot, at an intersection, or in an open area where vehicles and people roam freely.

Pedestrian accidents are typically more severe than car accidents involving two vehicles because the person is completely exposed. The speed of travel and size of the car can influence just how serious the injuries are. If you or a family member were injured in a vehicular accident, then you may be eligible to pursue maximized compensation in a claim handled by our reliable Elkhart County pedestrian accidents lawyers.

What are the Common Causes of Pedestrian Accidents in Indiana?

As a pedestrian, you can exercise certain precautions to avoid an accident. If you have caused an accident, Indiana’s comparative fault system will reduce or eliminate personal injury compensation. However, certain causes of pedestrian accidents are within the driver’s control.

Most pedestrian accidents and deaths are caused by reckless motorists. When a driver fails to exercise reasonable care, it can be legally construed as negligence. If you are a pedestrian injured by a negligent act, the driver responsible for your injury could be held legally liable and be ordered to pay financial compensation for your injuries and losses. A knowledgeable Elkhart pedestrian accidents lawyer can provide the legal representation you deserve during this difficult time.

There are many different causes of pedestrian accidents in the state of Indiana, such as:

Distracted Driving

Distracted driving has been one of the most common causes of pedestrian accidents. Drivers who are texting or talking on mobile phones do not have their full attention on driving and are not exercising reasonable care. Distractions may include the following:

  • Talking to passengers
  • Eating food
  • Listening to music
  • Reading maps
  • Anything that keeps the driver’s eyes off the road

All of these distractions impede a driver’s ability to access the road, react to hazards, and visualize dangers. For more information, get in touch with our Elkhart personal injury law firm.

Driving Under the Influence of Drugs or Alcohol

Drivers who operate their vehicles while drunk or under the influence of drugs are dangerous to everyone on the road, especially pedestrians. Alcohol or drugs can affect your judgment, your hand-eye coordination, and your vision. In addition, it impacts bodily functions and decreases alertness.


Traveling above the posted speed limit radically increases your risk of being in an accident. The faster a vehicle is going, the less control that driver has over the vehicle, and the greater the impact if the vehicle hits a pedestrian. Speeding is particularly dangerous around intersections. Not only does speeding make it more difficult to perceive dangers, but the car itself will take longer to come to a complete stop.

Failure to Yield the Right-of-Way to Pedestrians

Failing to yield to pedestrians in marked or unmarked crosswalks is one of the most common causes of pedestrian accidents. Failure to yield right of way occurs when either a pedestrian or motorist commits a traffic violation by proceeding without giving precedence to the other party.

Failure to Signal Before Turning

When a driver fails to signal before turning, a pedestrian crossing the road has no warning and could walk right into the path of the turning vehicle. Pedestrians are always at risk of being hit by cars turning left because drivers may be concentrating on negotiating busy intersections while looking straight ahead.

Failure to Obey Traffic Signals or Signs

Stop lights, speed limit postings, and other signs are there for a safe and orderly flow of traffic. Making illegal U-turns, failing to follow posted directional signs, and speeding contribute to pedestrian accident risks. Drivers who fail to stop at stop signs or run red lights can cause a terrible risk of injury to pedestrians who are crossing at intersections. Because drivers who run lights are likely to accelerate to “beat the light,” the collision can be even worse due to the higher speed.

Bad Weather

Fog, rain, snow, and other adverse weather conditions can make crossing the street more dangerous than usual. Visibility can be remarkably reduced on a rainy or foggy night, causing drivers not to notice pedestrians near the road. When the roads are wet or snowy, drivers must be extra cautious because it is easy to lose control of the vehicle.

What are the Common Injuries in Pedestrian Accidents?

Pedestrians are extremely vulnerable to the impact of an accident. Pedestrians hit by a car are injured twice in the collision. First, from the initial impact of the moving vehicle hitting the body, and again when the force of that impact propels the body into a solid object. Whether you sustain temporary or permanent injuries, a pedestrian accidents attorney in Elkhart County can help you file a personal injury claim against the at-fault party.

Pedestrian accidents cause injuries that vary widely in terms of severity and type, depending upon how and where the accident occurs. Common pedestrian accident injuries include:

  • Scalp lacerations, contusions, and abrasions
  • Torn and sprained ligaments
  • Multiple broken bones
  • Fractures of the legs, ribs, arms, hips, and pelvis
  • Contusions, abrasions, and lacerations of the face and hands
  • Traumatic brain injury
  • Internal injuries
  • Spinal cord injury

Call Our Experienced Pedestrian Accidents Attorney Now!

Being a victim of a pedestrian accident is a traumatic, terrifying experience that often leaves one severely damaged physically, emotionally, and financially. Hospital bills, lost work time, and pain and suffering can cause a significant amount of stress in your life. If you or someone you love has been injured in a pedestrian accident, you may be wondering what to do next.

In the aftermath of a pedestrian accident, it is always in your best interests to seek professional legal help from our seasoned Elkhart pedestrian accidents attorneys at Wilson & Kinsman LLC to determine all of the parties responsible for your injuries. Our personal injury law firm will ensure you take the right course of action to give you the maximum chance of success. Our goal is to guarantee that you receive just and fair compensation for your or your loved one’s injuries.

We know how to navigate the complicated issues that may arise in your case. Contact us now and schedule an initial consultation with our qualified Elkhart personal injury lawyers.

Give us a call!

Wilson & Kinsman

Ask a question or schedule a personalized case evaluation.

What do you need help with?


Read what our former clients have to say:

Honest and professional

I was charged with an OWI in Elkhart County and Eric was my first call. He was very helpful and personable throughout the entire process. I certainly appreciated his honesty and professionalism. Eric is definitely well experienced in handling these matters. Thanks to his help and guidance, we were able to have all of our necessary steps done before going to court that helped to retain driving privileges. The judge even remarked at how well the case had been managed during the hearing. With Eric’s help, I was able to obtain specialized driving privileges very promptly. I am still able to tend to my life’s responsibilities and my work. I would highly recommend Eric to anyone else needing help with OWI/DUI charges.


A man of utmost integrity

Tom is very kind and personable. He is a great attorney to work for and work with. He is a man of the utmost integrity and is forthright in his practice. I would confidently recommend his legal services to any person I cared about.

Kayla Christofeno