Hit by a Car While Walking in the Ball State Village? Pedestrian Rights in Muncie

October 29, 2026

• The Village just outside of Ball State is the hottest area in Muncie – but also the scene of plenty of pedestrian accidents.
• If you are in a pedestrian accident, you may be entitled to compensation. But insurance companies may try to pin as much blame on you as possible to reduce or even eliminate your financial recovery.
• Working with a dedicated Muncie pedestrian accident lawyer is the best way to protect your rights and get the compensation you deserve.

If you’re a student at Ball State, visiting someone there, or just looking for a night on the town in Muncie, chances are you’re going to spend some time in The Village. It’s practically adjacent to the campus and easily Muncie’s most active area, with tons of stores, restaurants, art, coffee shops, and bars.

If you’re there, you’re walking around a lot. The problem is there are a lot of people driving around The Village too. And that can lead to serious accidents.

If you have been hit by a car at Ball State or in The Village, you’ll want to get financial recovery for your injuries, lost wages, and pain and suffering. Most people don’t know all the avenues of recovery for pedestrian injuries and may leave money on the table. But if you work with a tireless pedestrian accident lawyer, you’ll have a chance to get back on your feet.

Why The Village Is So Dangerous for Pedestrians

Let’s be clear: we are not suggesting you avoid walking in The Village. Pedestrian accidents can happen anywhere, but it is still great to walk. And if you are in Muncie, as a student, resident, or visitor, The Village is the place to be.

But the dense foot traffic leads to a lot of congestion, and a lot of people crossing the street, especially along Riverside, with all the restaurants and bars, as well as Martin Street and University Avenue, which cuts through campus into the heart of The Village.

Why are these places so dangerous? A few reasons, including:

• Distracted drivers looking at their phones to get directions or text friends about plans.
• Distracted pedestrians who may be doing the same as well as listening to music or talking.
• Unfamiliar drivers, especially people visiting relatives at Ball State who might not know the area or how to share the road with this many pedestrians.
• Winter weather, which never keeps anybody away from The Village but which can limit visibility and decrease stopping distance.

So what we have is a dense mix of cars and people on foot, a clear recipe for pedestrian accidents.

The question is, who is at fault?

Indiana Law, Pedestrian Accidents, and the 51% Rule

Liability in pedestrian accidents depends on a lot of factors.

First of all, Indiana law applies even if you are an out-of-state Ball State student or a visitor. You and the driver might both be from outside Indiana, but it doesn’t matter: Indiana civil law dictates the course of your claim.

Under Indiana law, pedestrians have the right of way in any marked OR unmarked crosswalk. But this doesn’t mean that a pedestrian outside of a crosswalk has no rights: drivers still have the responsibility to avoid hitting anyone in the street.

But outside of crosswalks, there can be shared responsibility. Drivers owe walkers a duty of reasonable care: braking, using the horn, slowing down. But a driver might not be fully at fault either.

See, Indiana has “comparative fault” in car accidents. If you are less than 51% responsible for your auto injury, you should be entitled to compensation, usually from the driver’s insurance.

However, the amount you receive can be reduced by your percentage of fault for an accident. If you are 40% at fault, for instance, your compensation may be reduced by 40%.

This can give insurance companies an opening to lowball you.

How Insurance Companies Try to Pin the Blame on Pedestrians

Insurance companies may try to prove that you are 51% or more responsible for your accident. Even if they can’t get to that, they could diminish what they have to pay by pointing out anything you did that contributed to the accident, such as:

• Jaywalking
• Wearing dark clothes at night
• Distraction
• Being under the influence (even while walking!)
• Ignoring honking

Some of this may seem ridiculous. But if there is any doubt, the opposing insurance company could exploit it. Distressingly, if the other driver doesn’t have insurance, your own insurance company might try to blame you.

So what can you do?

How to Protect Yourself Against Insurance Companies

You might be walking carefully, following the rules, and still have to deal with insurance difficulties in addition to your injuries. But here’s how to make sure you are protected:

• Call the police. You’ll want to get an accident report from the Muncie police that records what happened.
• Gather evidence. This means taking witness statements, snapping photographs of the scene, and, if possible, checking for cameras on streetlights or stores (or cellphones).
• Go to the ER. Even if you can walk away, you should seek medical treatment for injuries you can’t see or that might not show up immediately. You’ll also want a paper trail to document your injuries.
• STAY AWAY FROM SOCIAL MEDIA. Insurance companies will be on the lookout for pictures of you smiling or anything else they can use to claim that you are fine.

And please contact a lawyer. In many ways, pedestrian accidents are treated like car accidents, so having a Muncie car accident lawyer who is passionate about pedestrian rights can be the best way to fight the insurance companies and get what you deserve.

Reach Out to Our Tireless Muncie Pedestrian Accident Attorneys

You’re at The Village to have fun. Even after an accident, you want to get back to having fun, not to mention work and school too. The Muncie pedestrian accident lawyers who will get you back are at Hensley Legal Group, PC, a dedicated Indiana personal injury law firm whose experienced attorneys have been fighting on behalf of the wrongfully injured since 1998.

Simply call us at (317) 472-3333, chat with us online, or fill out our contact form now for a free consultation with a knowledgeable Muncie pedestrian accident attorney.