Being struck by a vehicle can leave you with serious injuries, mounting medical bills, and countless questions about the future. You may wonder who will pay for your treatment, how you will manage if you cannot work, and what you need to do to hold the responsible driver accountable.
The most important first steps are to prioritize your medical care, document everything related to the incident and your injuries, and understand your legal rights. Taking deliberate, informed actions can protect both your health and your ability to seek fair compensation for what you have been through.
Key Takeaways for What to Do After a Pedestrian Accident
- A person’s first priority after any accident should be their health; seeking and continuing medical treatment is a critical first step.
- Indiana law gives pedestrians certain rights, but it also applies a “modified comparative fault” rule, which can affect the outcome of a personal injury claim.
- Gathering evidence, such as the police report, photos of the scene and injuries, and witness contact information, is vital for building a strong case.
- There is a legal deadline, known as the statute of limitations, for filing a personal injury lawsuit in Indiana, making it important to act in a timely manner.
- Compensation in a pedestrian accident claim can cover economic costs like medical bills and lost wages, as well as non-economic damages like pain and suffering.
The First Steps After a Pedestrian Accident
Once you have received emergency medical attention and are back in the relative comfort of your home, the journey to recovery truly begins. The physical pain and emotional shock can be immense, but there are several practical steps you can take to protect your well-being and your legal rights. Think of this period as a time for focused self-care and careful organization.
First and foremost, follow your doctor’s orders precisely. This is not only crucial for your physical recovery but also demonstrates the seriousness of your injuries.
If you were told to rest, rest. If you were prescribed medication, take it as directed. It is also essential to attend all follow-up appointments with your primary care physician, specialists, or physical therapists. Missing appointments can be misinterpreted by insurance companies as a sign that your injuries are not as severe as you claim.
Next, start a file to keep everything related to the accident in one place. This simple organizational step can make a huge difference down the line.
Here are some of the items you should collect:
- The Police Report: Obtain a copy of the official accident report from the responding police department, such as the Fishers Police Department or the Hamilton County Sheriff’s Office. This report contains the officer’s initial findings, witness information, and the other driver’s details.
- Medical Records and Bills: Keep every bill, receipt, and explanation of benefits from hospitals, doctors, pharmacies, and physical therapists. Also, keep track of your appointment dates and the providers you see.
- Proof of Lost Income: If you are unable to work, get a letter from your employer confirming your rate of pay and the dates you missed. Save your pay stubs to show your regular earnings.
- Photos and Notes: Continue to take photos of your injuries as they heal to document the recovery process. It is also helpful to keep a simple daily journal detailing your pain levels, physical limitations, and how the injuries are impacting your daily life, from struggling with chores to missing family events.
Keeping these documents organized will provide a clear and detailed picture of how the pedestrian accident has affected your life, which is essential for any future claim.
Understanding Your Rights as a Pedestrian in Indiana
As a pedestrian in Indiana, you have specific rights, but you also have responsibilities. Understanding these rules is fundamental to determining who was at fault for the accident. Indiana law requires drivers to exercise “due care” to avoid colliding with pedestrians. This means they must be alert and cautious, especially in areas where people are likely to be walking.
Drivers must yield the right of way to a pedestrian in a marked or unmarked crosswalk at an intersection. However, pedestrians also have a duty to act with reasonable care for their own safety. For instance, a pedestrian cannot suddenly leave a curb and walk or run into the path of a vehicle that is so close it is impossible for the driver to stop.
Indiana also follows what is called a “modified comparative fault” rule. This is a legal principle that means your ability to recover compensation can be reduced or eliminated if you are found to be partially responsible for the accident.
- If you are found to be 50% or less at fault, you can still recover damages, but your total compensation will be reduced by your percentage of fault. For example, if you are found to be 10% at fault, you would receive 90% of the damages.
- If you are found to be 51% or more at fault, Indiana law bars you from recovering any compensation at all.
Because of this rule, a driver’s insurance company may try to argue that you were distracted, crossing outside of a crosswalk, or otherwise contributed to the accident in order to reduce or deny your claim.
Proving Fault in a Fishers Pedestrian Accident Case
To successfully pursue a personal injury claim, you must be able to prove that the driver was “negligent.” Negligence is a legal term that essentially means someone failed to act with reasonable care, and their failure caused your injuries. In a pedestrian accident, this often involves showing that the driver was distracted, speeding, failed to yield, or violated another traffic law.
Building a case to prove negligence relies on strong evidence. The more evidence you can preserve from the beginning, the better. Key pieces of evidence in a pedestrian accident case often include:
- The Official Police Report: This document provides a neutral, third-party account of the incident and often includes the officer’s opinion on contributing factors.
- Photos and Videos: Pictures of the accident scene, the vehicle involved, your injuries, and any relevant traffic signs or signals can be very powerful. If there is any surveillance footage from nearby businesses in areas like downtown Fishers or Carmel, that can also be incredibly helpful.
- Witness Statements: Contact information for anyone who saw the accident is invaluable. Independent witnesses can provide an unbiased account of what happened, which can help counter any inaccurate claims made by the driver.
- Medical Documentation: Your medical records create a direct link between the accident and your injuries, detailing the extent of the harm you have suffered and the cost of your treatment.
- Expert Testimony: In some complex cases, it may be necessary to work with accident reconstructionists who can analyze the physical evidence to determine exactly how the collision occurred.
Gathering and presenting this evidence effectively is crucial to demonstrating the other party’s responsibility for the harm you have suffered.
What Kind of Compensation Can You Pursue?
If another person’s negligence caused your injuries, you have the right to seek compensation for your losses. This compensation, legally referred to as “damages,” is intended to help you become as whole as possible again, both financially and personally. In Indiana, damages are typically categorized into two main types: economic and non-economic.
Economic damages are tangible, calculable financial losses that you have incurred because of the accident. They are meant to reimburse you for out-of-pocket costs.
- Medical Expenses: This includes everything from the initial ambulance ride and emergency room visit to surgery, hospital stays, physical therapy, prescription medications, and any future medical care you may need.
- Lost Wages or Income: If your injuries prevent you from working, you can seek compensation for the income you have lost. This can also include loss of future earning capacity if you are left with a permanent disability that affects your ability to do your job.
- Other Out of Pocket Costs: This could include costs for transportation to medical appointments or necessary modifications to your home or vehicle.
Non-economic damages are more subjective because they compensate you for the intangible ways the accident has impacted your life. While they do not have a specific price tag, they are a very real and significant part of your suffering.
- Pain and Suffering: This refers to the physical pain and emotional distress you have endured as a result of your injuries.
- Loss of Enjoyment of Life: This compensates you for the accident’s impact on your ability to participate in hobbies and activities you once enjoyed.
- Permanent Scarring or Disfigurement: Compensation for visible, permanent changes to your appearance caused by the accident.
Every case is unique, and the value of a claim depends on many factors, including the severity of your injuries and the total impact the accident has had on your life.
The Legal Deadline for Filing a Claim in Indiana
It is important to be aware that you have a limited amount of time to take legal action after a pedestrian accident. This deadline is known as the “statute of limitations.” In Indiana, the law generally gives you two years from the date of the accident to file a personal injury lawsuit.
While two years may seem like a long time, it can pass quickly when you are focused on medical treatments and recovery. It is critical not to wait until the last minute. Gathering evidence, investigating the accident, and negotiating with insurance companies all take time. If you miss the two-year deadline, the court will almost certainly dismiss your case, and you will lose your right to seek compensation forever.
There are very few exceptions to this rule, so it is one of the most important timelines to respect in the legal process. Taking action sooner rather than later ensures that evidence remains fresh and that all your legal options are preserved.
FAQs: What to Do After a Pedestrian Accident
Here are answers to some common questions that arise after a pedestrian is injured in a traffic accident.
If the at fault driver has no insurance or not enough insurance to cover your damages, you may still have options. You might be able to file a claim under the Uninsured/Underinsured Motorist (UM/UIM) portion of your own auto insurance policy, even though you were not driving. This coverage is designed to protect you in exactly this type of situation.
You might. Jaywalking, or crossing the street outside of a designated crosswalk, does not automatically prevent you from recovering compensation. Under Indiana’s comparative fault rule, your compensation would be reduced by your percentage of fault. If a driver was speeding or distracted and could have avoided hitting you, despite where you were crossing, they may still bear the majority of the responsibility.
It is very important to get a medical evaluation after any accident, even if you feel fine. Some serious injuries, like internal bleeding or certain types of traumatic brain injuries, may not have immediate symptoms. Adrenaline from the accident can also mask pain. Delaying treatment can not only harm your health but also make it harder to prove that your injuries were caused by the accident.
Trusted Pedestrian Accident Lawyers: Get the Help You Deserve
Handling a pedestrian accident claim can be incredibly challenging, especially when you are trying to heal from your injuries. At Wyant Law, we are committed to standing by your side and guiding you through every step of the legal process.
Attorney Chris Wyant has years of experience helping injured individuals and their families in Fishers, Indianapolis, and across Indiana recover the compensation they deserve. He believes in being approachable and easy to talk to, providing honest assessments and clear explanations of your options.
Chris will take the time to listen to your story, answer your questions, and work tirelessly to build the strongest possible case on your behalf. While you focus on your recovery, we will handle the investigation, the evidence gathering, and the negotiations with the insurance company.
If you have been injured in a pedestrian accident, contact Wyant Law today at (317) 683-0333 or through our online form for a free, no-obligation consultation to discuss your case and learn more about how we can help you on your road to recovery.