Pedestrian AccidentUpdated March 2026

Hit by a Vehicle as a Pedestrian in Indianapolis?

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Key Takeaways

  • If you are hit by a vehicle as a pedestrian, do not try to get up — stay still, call 911, and wait for medical help, because even low-speed impacts can cause traumatic brain injuries, spinal fractures, and internal bleeding that moving could worsen.
  • Indiana's statute of limitations gives you two years from the date of the accident to file a personal injury lawsuit (Ind. Code § 34-11-2-4), but if a government vehicle or dangerous road design contributed to the accident, the Indiana Tort Claims Act requires notice within 180 days.
  • Under Indiana's modified comparative fault rule (Ind. Code § 34-51-2-6), crossing outside a crosswalk may reduce your compensation but does not eliminate the driver's liability — however, if you are found 51% or more at fault, you recover nothing.
  • Marion County recorded 35 fatal pedestrian crashes in 2024, and dangerous corridors include Washington Street, 38th Street, Keystone Avenue, and areas near interstate on- and off-ramps that lack adequate crosswalks and pedestrian infrastructure.
  • You are not required to give a recorded statement to the driver's insurance company — their primary strategy in pedestrian cases is to blame the pedestrian for jaywalking, being distracted, or wearing dark clothing.
  • Most pedestrian accident attorneys work on contingency (typically 33% of the settlement, or 40% at trial), and the initial consultation is free — given the severity of pedestrian injuries, experienced legal representation is critical.
1

Stay still, assess your injuries, and call 911

If you have been hit by a vehicle, do not try to get up and walk it off. The force of even a low-speed vehicle impact can cause traumatic brain injuries, spinal fractures, internal bleeding, and broken bones that moving could make worse. Stay where you are if you can do so safely, and call 911 or ask someone nearby to call.

Under Indiana law, any accident involving injury must be reported to law enforcement. The responding IMPD officer will generate a crash report that documents the scene and the driver's information — a critical piece of evidence for your claim.

2

Get the driver's information

If the driver stops, get their name, phone number, driver's license number, license plate, and insurance information. If witnesses are present, get their names and phone numbers — they may be the only independent accounts of what happened.

If the driver flees the scene, try to remember or have a witness note the vehicle's make, model, color, and license plate (even a partial plate). This is a hit-and-run, which is a criminal offense in Indiana. Report it to IMPD immediately.

3

Document the scene

If you are physically able — or if a friend, family member, or witness can help — photograph the scene: the intersection or road where you were hit, the crosswalk or lack of crosswalk, traffic signals and signs, the vehicle that hit you, any skid marks or debris, lighting conditions, and your injuries.

Pedestrian accident cases frequently come down to whether the driver or the pedestrian had the right of way. Physical evidence of the scene — crosswalk markings, signal timing, sight lines — can be decisive.

4

Get emergency medical treatment

Pedestrians struck by vehicles suffer some of the most severe injuries of any traffic accident type. There is no vehicle frame, airbag, or seatbelt to protect you. Go to the emergency room immediately — even if you think your injuries are minor.

IU Health Methodist Hospital operates Indianapolis's Level I trauma center and is the closest facility for the most severe injuries. Eskenazi Health, Ascension St. Vincent, Community Health Network, and Franciscan Health also provide emergency services throughout Marion County.

See a doctor for a full evaluation even if you feel relatively okay after the accident. Head injuries, internal bleeding, and hairline fractures may not produce symptoms for hours or days. Medical records created promptly after the accident establish the documented link between the crash and your injuries.

5

File a police report

If IMPD responded to the scene, a crash report will be generated automatically. If not, file a report as soon as possible — through IMPD's online portal or in person at 50 N. Alabama Street, Room E100. You can obtain a copy of the crash report through Indiana's BuyCrash portal (buycrash.com).

The police report is especially important in pedestrian accident cases because it documents the officer's observations about the scene, the driver's statements, any traffic violations, and witness information.

6

Do NOT give a recorded statement to the driver's insurance company

The driver's insurance company will contact you. They may sound sympathetic, but their goal is to minimize the payout — and one of their primary strategies in pedestrian cases is to blame the pedestrian. They may argue you were jaywalking, crossing against the signal, distracted by your phone, or wearing dark clothing.

You are not required to give a recorded statement. Politely decline and consult with an attorney first. Do not accept any settlement offer without understanding the full extent of your injuries.

7

Understand Indiana's 2-year statute of limitations

Under Indiana Code § 34-11-2-4, you have two years from the date of the pedestrian accident to file a personal injury lawsuit. This is a firm deadline.

Indiana's modified comparative fault rule (Ind. Code § 34-51-2-6) applies to pedestrian accidents. If you are found partially at fault — for example, for crossing outside a crosswalk — your compensation is reduced by your percentage of fault. If you are 51% or more at fault, you recover nothing. Insurance companies will aggressively try to shift blame to the pedestrian, making evidence preservation and legal representation critical.

If the vehicle that hit you was a government vehicle or was driven by a government employee on duty, the Indiana Tort Claims Act (Ind. Code § 34-13-3) requires a tort claim notice within 180 days (city/county) or 270 days (state).

8

Talk to a pedestrian accident attorney

Pedestrian accident injuries are frequently catastrophic — traumatic brain injuries, spinal cord damage, multiple fractures, and internal organ damage. The medical costs alone can be overwhelming. An experienced attorney can investigate the crash, obtain surveillance footage and traffic signal data, counter the insurance company's attempts to blame you, and pursue the full compensation you deserve.

Most personal injury attorneys work on contingency. You pay nothing unless they win your case. The initial consultation is free.

Indianapolis Pedestrian Accident Facts

35

fatal pedestrian crashes in Marion County in 2024 — down 22% from prior years but still devastating

Governors Highway Safety Association / Axios Indianapolis

2 Years

statute of limitations for personal injury claims in Indiana

Ind. Code § 34-11-2-4

51% Bar

Indiana's modified comparative fault threshold

Ind. Code § 34-51-2-6

Why Indianapolis is dangerous for pedestrians

Indianapolis was designed primarily for automobiles. Wide, multi-lane roads like Washington Street, 38th Street, Keystone Avenue, Michigan Road, and Meridian Street carry fast-moving traffic through areas where pedestrians also need to cross. Many of these corridors lack adequate crosswalks, pedestrian signals, or safe crossing infrastructure. The city adopted a Vision Zero ordinance aimed at eliminating pedestrian fatalities by 2035, and a Vision Zero Task Force is developing strategies like road diets, reduced speed limits, and improved pedestrian infrastructure. But for now, Indianapolis remains one of the more dangerous cities in Indiana for pedestrians. The 38th Street corridor, East Washington Street, Madison Avenue on the south side, and areas near major interstate on- and off-ramps are particularly hazardous.

Pedestrian right-of-way in Indiana

Indiana law requires drivers to yield to pedestrians in marked crosswalks and at intersections. However, pedestrians also have duties — they are generally expected to use crosswalks where available and to obey pedestrian signals. Crossing mid-block or against a signal can reduce your recovery under comparative fault, but it does not eliminate the driver's duty to exercise reasonable care to avoid hitting you. A driver who was speeding, distracted, or failed to keep a proper lookout may still bear significant fault even if the pedestrian was not in a crosswalk.

Hit-and-run pedestrian accidents

If the driver who hit you fled the scene, this is a criminal offense in Indiana. Report it to IMPD immediately with whatever vehicle description you have. If the driver cannot be identified, your own uninsured motorist (UM) coverage may provide compensation for your injuries. An attorney can help you navigate a hit-and-run claim and work with law enforcement to identify the driver.

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Pedestrian Accident FAQ — Indianapolis & Indiana

Two years from the date of the accident under Indiana Code § 34-11-2-4. Begin the process as soon as possible to preserve evidence and build the strongest case.

Jaywalking may reduce your compensation under Indiana's comparative fault system, but it does not automatically eliminate the driver's liability. If the driver was speeding, distracted, or failed to keep a proper lookout, they may still bear the majority of fault. Your award would be reduced by your percentage of fault. If you are found 51% or more at fault, you recover nothing.

You may be entitled to compensation for medical expenses (current and future), lost wages and lost earning capacity, pain and suffering, disability and disfigurement, emotional distress, and loss of enjoyment of life. Pedestrian accident injuries are often catastrophic, and the value of these claims reflects the severity.

Report the hit-and-run to IMPD immediately. If the driver cannot be identified, your own uninsured motorist (UM) coverage may apply. Indiana law requires drivers to stop after an accident involving injury — leaving the scene is a crime.

Not without consulting an attorney first. The insurer will try to shift blame to you — arguing you were not in a crosswalk, were wearing dark clothing, or were distracted. An attorney can protect your interests and handle all communication.

If a dangerous road design, missing crosswalk, or defective traffic signal contributed to your accident, the City of Indianapolis or Marion County could share liability. Claims against government entities are subject to the Indiana Tort Claims Act, which requires a tort claim notice within 180 days.

Most work on contingency — you pay nothing unless they recover money for you. Typical fees are 33% of the settlement or 40% if the case goes to trial. The initial consultation is free.

Yes. The at-fault driver's auto liability insurance typically covers pedestrian injuries. If the driver is uninsured or underinsured, your own UM/UIM coverage may apply. If the driver fled and cannot be identified, your UM coverage is your primary resource.

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InjuryNextSteps.com provides general informational content and is not a law firm. The information on this page does not constitute legal advice and should not be relied upon as such. Every accident is different. Contacting us does not create an attorney-client relationship. If you need legal advice, consult a licensed attorney in your jurisdiction. The legal information on this page references Indiana statutes and is current as of 2025 but may change. Always verify with a qualified attorney.

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