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Indianapolis Pedestrian Accident Attorney

Standing Up for Pedestrian Accident Victims Across Indiana

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Pedestrian Accidents

1B+

recovered for clients

300+

years of combined experience

500+

cases won

Why Choose CohenMalad for Your Pedestrian Accident Case

Since 1967, CohenMalad, LLP has stood beside injured pedestrians throughout Indianapolis and across Indiana, fighting for the fair compensation they deserve. Pedestrian accident cases involve complex liability questions, pushback from insurance companies, and strict deadlines, and our legal team knows exactly how to successfully navigate all of it.

With 23 attorneys named to the Super Lawyers list and affiliations with the American Association for Justice and the National Board of Trial Advocacy, CohenMalad, LLP brings serious resources to every pedestrian accident case we handle. We work with accident reconstruction analysts, medical professionals, and financial analysts to ensure your claim is fully documented and aggressively pursued.

There is no fee unless we win your case.

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  • CohenMalad, LLP Delivering Proven Results Since 1968

Common Causes of Pedestrian Accidents in Indianapolis

Pedestrian accidents in Indianapolis occur for many reasons, but driver negligence is the most common cause. In 2025 alone, Indianapolis recorded 803 pedestrian accidents, including 37 fatalities. Understanding what caused your accident is critical to building a strong pedestrian accident claim.

Causes our attorneys routinely investigate include:

  • Distracted driving: Drivers using mobile phones or otherwise failing to pay attention to pedestrians ahead.
  • Failure to yield: Motorists who ignore pedestrian right-of-way at crosswalks, in violation of Indiana traffic law.
  • Speeding: Excessive speed reduces reaction time and greatly increases the severity of injuries.
  • Impaired driving: Alcohol and drug impairment slow a driver's judgment and ability to detect pedestrians, especially at night.
  • Ignoring traffic signals: Running red lights or disregarding traffic signs creates hazardous situations for pedestrians who have the right of way.
  • Improper turns: Drivers turning left or right without checking for pedestrians in crosswalks.

Our investigation team acts quickly to gather police reports, witness statements, and physical evidence from the accident scene before critical details are lost.

Types of Pedestrian Accident Injuries

Pedestrians have no barrier between themselves and a vehicle weighing thousands of pounds. Even at low speeds, the impact of a collision can cause life-altering harm. Common pedestrian accident injuries our clients have experienced include:

  • Traumatic brain injuries (TBIs): Ranging from concussions to severe brain damage with lasting cognitive effects.
  • Spinal cord injuries: Including fractures and paralysis that may require a lifetime of care.
  • Broken bones and fractures: Particularly to the legs, hips, arms, and pelvis.
  • Crush injuries: When a pedestrian is trapped beneath or between vehicles.
  • Severe lacerations and internal organ damage: Often requiring emergency surgery.
  • Amputations: Loss of limbs due to the force of the collision.
  • Psychological trauma: PTSD, anxiety, and emotional distress that persist long after physical injuries heal.

These are serious injuries that can require years of physical therapy, future medical care, and ongoing mental health support. Our goal is to recover compensation that reflects not just your current hospital bills, but your long-term needs.

Compensation Available After a Pedestrian Accident

Pedestrian accident victims may be entitled to significant financial compensation. The value of a pedestrian accident case depends on the severity of injuries, their long-term impact, and the extent of negligence involved. Recoverable damages may include:

  • Medical expenses: Emergency care, surgeries, hospitalization, medications, physical therapy, and future medical care.
  • Lost wages and lost income: Earnings lost during recovery, plus diminished future earning capacity if injuries affect your ability to work.
  • Pain and suffering: Monetary recognition of the physical pain caused by severe injuries.
  • Emotional distress and mental anguish: Compensation for PTSD, anxiety, and psychological harm following a serious accident.
  • Rehabilitation costs: Ongoing therapy, adaptive equipment, and home modification expenses.
  • Loss of enjoyment of life: Damages for the inability to participate in activities you valued before the accident.
  • Wrongful death claim: If a loved one died in a fatal pedestrian accident, surviving family members may seek compensation for funeral costs, lost financial support, and loss of companionship under Indiana's wrongful death statute.

Our legal team works with medical and economic analysts to place an accurate value on both your current losses and your long-term needs before any settlement is reached.

Key Indiana Laws That Affect Your Pedestrian Accident Claim

Indiana law shapes every aspect of a pedestrian accident case, from how fault is divided to how long you have to file. Understanding these rules is critical to protecting your right to recover compensation.

Comparative Fault Law

Indiana follows a modified comparative fault rule. You can still seek compensation if you are found to be 50% at fault or less, though your financial compensation will be reduced by your percentage of fault. If you are more than 50% at fault, you cannot recover anything. Insurance companies frequently attempt to shift blame onto pedestrians, claiming you jaywalked, stepped off the curb without looking, or were distracted.

Our attorneys counter these tactics using physical evidence, witness statements, and accident reconstruction to accurately place liability where it belongs. If your case involves a government vehicle, you may also have a municipal liability claim with additional procedural requirements.

Statute of Limitations for Pedestrian Accident Claims

Under Indiana Code § 34-11-2-4, you generally have two years from the date of your accident to file a personal injury claim. Missing this deadline almost always means permanently losing your right to seek compensation.

Important exceptions include:

  • If your accident involved a government vehicle or city-operated service, a tort claim notice may be required within 180 days.
  • If the victim was a minor, the statute of limitations may be tolled.

Because these timelines are strictly enforced and vary by circumstance, it is essential to speak with an Indianapolis pedestrian accident attorney as soon as possible to protect your rights.

Steps to Take After a Pedestrian Accident

The actions you take after a pedestrian accident in Indianapolis can significantly affect both your health and the strength of your legal claim. If you are physically able:

  1. Call 911 immediately: Police reports are essential to establishing fault and supporting your pedestrian accident claim.
  2. Seek medical attention right away: Serious injuries, including traumatic brain injuries and internal bleeding, may not produce immediate symptoms.
  3. Document the accident scene: Photograph your injuries, the vehicle, road conditions, and any relevant traffic signals or traffic signs.
  4. Gather witness information: Names and contact details from bystanders can be invaluable when reconstructing what happened.
  5. Preserve your medical records: Keep records of every treatment, diagnosis, and follow-up visit.
  6. Avoid giving statements to insurance companies: Adjusters may contact you quickly and attempt to record statements used to minimize your claim.
  7. Contact an Indianapolis pedestrian accident lawyer: The sooner our team begins investigating, the stronger your legal position will be.

Our attorneys handle all communication with insurance companies so you can focus on your recovery.

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Were You or a Loved One Struck by a Vehicle?

Pedestrian accident victims face strict deadlines. Contact CohenMalad, LLP today for a free consultation with an Indianapolis pedestrian accident attorney and find out how we can help.

Meet Our Indianapolis Pedestrian Accident Attorneys

CohenMalad, LLP brings together Indianapolis personal injury attorneys with decades of experience representing accident victims across Indiana. Our legal team has successfully taken on major insurance companies and municipal entities, securing just compensation for clients whose lives were changed by someone else's negligence.

We prepare every pedestrian accident case as though it will go to trial — an approach that consistently produces stronger outcomes in settlement negotiations and in court. Our clients also benefit from CohenMalad, LLP's broad practice: whether you need help with a car accident, truck accident, or a broader personal injury claim, our team is here.

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Frequently Asked Questions About Pedestrian Accident Claims

  • What if the driver who hit me fled the scene?

    Hit-and-run pedestrian accidents are challenging, but you may still have legal options. Your own uninsured motorist coverage can apply when a driver is never identified. Our attorneys will investigate every available avenue of recovery, including reviewing surveillance footage and traffic camera recordings from the accident scene.

  • Can I file a claim if I was crossing outside a crosswalk?

    Yes. Crossing outside a crosswalk may be considered in the comparative fault analysis and could reduce your compensation, but it does not automatically bar recovery. If a driver was speeding, impaired, or otherwise negligent, they may still bear substantial liability. The specific facts of your case determine how fault is allocated.

  • How long will my pedestrian accident case take to resolve?

    The timeline depends on the severity of your injuries, whether liability is disputed, the number of parties involved, and your insurance company's cooperation. Some pedestrian accident cases settle within several months; others involving catastrophic injuries and significant disputes may take longer. We work efficiently without settling before the full extent of your damages is understood.

  • What if the at-fault driver has no insurance?

    If the driver is uninsured or underinsured, you may still recover compensation through your own uninsured motorist coverage, personal health insurance, or claims against third parties who share liability, such as a government entity responsible for dangerous road conditions.

  • Will my pedestrian accident case go to trial?

    Most pedestrian accident claims settle before trial. However, our attorneys prepare every case as if it will go before a jury. This thorough preparation routinely results in stronger settlement offers. If the responsible parties refuse to offer fair compensation, we have the trial experience to present your case effectively in court.

Contact CohenMalad Today for a Free Consultation

If you or a loved one has been injured in a pedestrian accident in Indianapolis or anywhere in Indiana, do not wait. Evidence disappears, deadlines approach, and insurance companies move quickly to protect their own interests. Get an aggressive team to protect you.

Contact CohenMalad, LLP today for a free case evaluation with an Indianapolis pedestrian accident lawyer. There is no fee unless we win your case.

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