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.
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.
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.
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.
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.
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.
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.
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).
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.