A quiet walk through your neighborhood or a quick trip across a busy intersection can change your life in an instant. Pedestrian accidents are terrifying events that often result in severe physical trauma and overwhelming emotional distress. When a vehicle strikes a person on foot, the human body absorbs the full impact, leading to injuries that require extensive medical care and long periods of recovery.
If you or a loved one has recently experienced this trauma, you are likely facing a storm of medical bills, insurance calls, and uncertainty about the future. Knowing exactly what steps to take next is critical for your physical recovery and financial stability. Taking the right actions early on can protect your rights and ensure you receive the support you need.
This guide breaks down the essential steps to follow after a pedestrian accident. We will cover how to handle the immediate aftermath at the scene, the legal framework governing fault in Indiana, the types of compensation available, and how a dedicated legal advocate can protect your interests moving forward.
Immediate Actions After Being Hit by a Car
The moments following a collision are chaotic and frightening. Adrenaline can mask pain, making it difficult to assess your true condition. Protecting your physical safety and securing the scene must be your top priorities.
Prioritizing Your Safety and Well-being
If you are conscious and able to move without causing further injury, try to relocate to a safe area out of the flow of traffic, such as a sidewalk or shoulder. However, if you feel intense pain, numbness, or suspect a spinal injury, do not move. Wait for emergency responders to arrive. Moving incorrectly can possibly worsen your injuries significantly. Ask a bystander to help direct traffic around you to prevent secondary collisions.
Contacting Law Enforcement and Medical Professionals
Call 911 immediately. Having a police officer at the scene is essential for documenting the incident. The responding officer will create an official accident report, which serves as a crucial piece of evidence later on.
You must also seek prompt medical attention. Even if you believe your injuries are minor, you should be evaluated by a healthcare professional. Internal bleeding, concussions, and soft tissue damage often do not show immediate symptoms. A thorough medical evaluation ensures you get proper treatment and establishes a medical record linking your injuries to the accident.
Documenting the Scene and Gathering Information
If your physical condition allows, gather as much evidence from the scene as possible. Take clear photos and videos of the vehicle that hit you, noting its license plate number, make, and model. Capture images and video recordings of your visible injuries, the surrounding road conditions, traffic signs, skid marks, road signs, crosswalks, persons involved and anything else you think could be relevant to your case.
Collect contact information from the driver, including their name, phone number, and insurance details. Additionally, ask any witnesses for their names and phone numbers. Independent witness statements are incredibly valuable when determining how the accident occurred.
The Legal Process: Protecting Your Claim
After addressing your immediate medical needs, you must turn your attention to the legal aspects of your accident. Understanding your rights under state law is essential for securing full and fair compensation.
Understanding Fault and Liability in Indiana Pedestrian Accidents
Indiana follows a modified comparative fault rule when determining liability. This law states that you can recover damages as long as you are 50% or less responsible for the accident. If a jury finds you were 20% at fault, your total compensation will be reduced by that 20%. However, if you are found to be 51% or more at fault, you will be barred from receiving any compensation.
Establishing the driver’s negligence is key. Drivers must exercise a duty of care to avoid hitting pedestrians. Speeding, distracted driving, failing to yield at crosswalks, and driving under the influence are common examples of driver negligence that lead to severe pedestrian accidents.
Dealing with Insurance Companies
Soon after the accident, the driver’s insurance company will likely contact you. Their primary goal is to minimize the amount of money they have to pay out. They may use your words out of context or pressure you into accepting a lowball settlement offer before you understand the full extent of your injuries.
Do not provide a recorded statement or sign any medical release forms without consulting an pedestrian accident attorney.
The Role of a Personal Injury Attorney
Managing a legal claim while trying to heal from traumatic injuries is overwhelming. A skilled personal injury attorney steps in to handle the entire legal process on your behalf. They will investigate the crash, gather police reports, consult with accident reconstruction experts, and calculate the true cost of your medical care. Having a legal professional negotiate with the insurance company ensures you are not taken advantage of during a vulnerable time.
Common Injuries and Their Impact
Pedestrians lack any protective barrier against a heavy, fast-moving vehicle. As a result, the injuries sustained are often catastrophic and life-altering.
Types of Injuries Sustained by Pedestrians
When a pedestrian is struck, they typically experience multiple points of impact—first with the vehicle’s bumper or hood, then with the windshield, and finally with the hard pavement. Common injuries include:
- Traumatic brain injuries (TBIs) and severe concussions.
- Spinal cord injuries resulting in partial or complete paralysis.
- Broken bones, particularly in the legs, hips, and arms.
- Internal organ damage and internal bleeding.
- Severe lacerations and road rash.
Long-Term Consequences and Recovery
The road to recovery is frequently long and grueling. Severe injuries often lead to long-term consequences such as chronic pain, cognitive impairments, memory problems, and a loss of motor function. Victims may require ongoing physical therapy, pain management, and home modifications to accommodate new disabilities. Furthermore, emotional trauma, including anxiety and post-traumatic stress disorder (PTSD), can severely impact a victim’s quality of life and ability to return to work.
Frequently Asked Questions (FAQ)
How long do I have to file a claim after a pedestrian accident in Indiana?
Under Indiana Code § 34-11-2-4, the general statute of limitations for personal injury claims, including pedestrian accidents, is two years from the date of the accident. If you fail to file a lawsuit within this strict two-year window, you will likely lose your right to pursue compensation forever.
What compensation can I seek for my pedestrian accident injuries?
Victims in Indiana can seek two main types of compensation: economic and non-economic damages. Economic damages cover quantifiable financial losses like medical bills, rehabilitation costs, and lost wages. Non-economic damages compensate you for intangible harms, such as physical pain and suffering, emotional distress, and loss of enjoyment of life.
Can I still file a claim if I was partially at fault?
Yes. Thanks to Indiana’s modified comparative fault rule, you can still pursue a claim as long as your share of the blame is 50% or less. Your final financial award will simply be reduced by your assigned percentage of fault.
Seeking Justice and Recovery
Healing from a pedestrian accident requires time, extensive medical resources, and emotional support. You should not have to shoulder the financial burden of an accident caused by a careless driver. Taking decisive action protects your rights and paves the way for a more secure future.
Our legal team is dedicated to fighting for the rights of accident victims. We represent injured Indiana residents, as well as visitors injured in Indiana and Hoosiers injured in other states. If you or a family member has been struck by a vehicle, contact us today for a free pedestrian injury case review in Indianapolis.
Related Post: Indiana Crosswalk Accident Claims Guide