Pedestrian Accidents in Indiana
If you were injured in an Indiana pedestrian accident, you have legal rights and deadlines to protect.
What you should know
Pedestrian claims turn on right-of-way, driver negligence, and often UM/UIM coverage under IC 27-7-5-2.
What typically causes them
- Drivers failing to yield at crosswalks
- Distracted driving (phones, navigation systems)
- Speeding in residential or school zones
- Failure to stop at red lights or stop signs
- Impaired driving under influence of alcohol or drugs
- Poor visibility and inadequate street lighting
- Backing up without checking for pedestrians
Injuries we see
- Traumatic brain injuries and skull fractures
- Spinal cord injuries and paralysis
- Multiple bone fractures and orthopedic injuries
- Internal organ damage and bleeding
- Severe lacerations and road rash
- Hip and pelvic fractures
- Wrongful death
Steps to take after a pedestrian accidents
- 1
Call 911 immediately as pedestrian accidents typically involve serious injuries requiring emergency medical care.
- 2
Remain still if you have been struck unless you are in immediate danger from traffic.
- 3
Ask witnesses to stay at the scene and provide their contact information to police.
- 4
If possible, photograph the vehicle that struck you, the accident location, crosswalk markings, and traffic signals.
- 5
Obtain the driver's information including license, insurance, and contact details.
- 6
Accept emergency medical transport and do not refuse treatment, as injuries may worsen without immediate care.
Indiana law protects pedestrians through various statutes, including IC 9-21-17-2, which requires drivers to yield the right-of-way to pedestrians lawfully within crosswalks. IC 9-21-17-8 requires pedestrians to use sidewalks where provided and to use the left side of the roadway when sidewalks are unavailable. Under IC 34-51-2-6, even if a pedestrian was partially at fault—such as jaywalking—they may still recover damages if less than 51% responsible for the accident. Pedestrian accidents often result in catastrophic injuries due to the vulnerability of individuals on foot against vehicles. Drivers owe a duty of reasonable care under Indiana common law to watch for and avoid striking pedestrians. Municipalities may also bear liability under IC 34-13-3-3 for dangerous road conditions that contribute to pedestrian accidents, though governmental immunity defenses may apply.
Pedestrian accident victims in Indiana can pursue comprehensive compensation for economic damages including all medical treatment costs, rehabilitation, assistive devices, home modifications for disabilities, lost wages, and reduced future earning capacity. Non-economic damages compensate for physical pain, suffering, emotional trauma, permanent disability, scarring, and loss of life's enjoyment. Due to the severity of pedestrian injuries, damages often exceed typical vehicle accident claims. If the pedestrian dies from injuries, family members may pursue wrongful death damages under IC 34-23-1-1. Indiana does not cap personal injury damages in pedestrian cases. When driver's insurance is insufficient, underinsured motorist coverage from family policies may provide additional recovery.
Under IC 34-11-2-4, pedestrian accident injury claims must be filed within two years of the accident date. This two-year limitation period is strictly enforced, making prompt legal consultation essential to preserve your rights.
Don't let an Indiana pedestrian accidents ruin your future.
The clock is ticking on Indiana's 2-year statute of limitations. Get a free, no-obligation case review now.