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Indianapolis Sidewalk Accident Lawyers

Fighting for Injured Pedestrians Across Indianapolis and Marion County

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Sidewalk Accidents

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recovered for clients

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Why Choose CohenMalad, LLP for Your Indianapolis Sidewalk Accident Case

A fall on a cracked sidewalk or a crosswalk collision can leave you facing steep medical bills, lost wages, and an insurance company already building a defense against your claim.

Since 1967, CohenMalad, LLP has represented injured pedestrians throughout Indianapolis and Marion County. Our sidewalk accident attorneys understand Indiana premises liability law, the 180-day notice deadline for claims against the city, and how comparative fault gets used against pedestrians and cyclists alike.

When you work with our team, you gain investigators who document the hazard, attorneys who identify every responsible party, from negligent property owners to the City of Indianapolis, and a firm that pursues full compensation instead of an early, lowball settlement.

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  • CohenMalad, LLP Delivering Proven Results Since 1968

Common Causes of Sidewalk and Pedestrian Accidents in Indianapolis

Sidewalk accidents rarely come down to bad luck. Most happen because a driver, property owner, or municipality failed to do something they were legally required to do. Here are a few of the most common causes of mishaps our Indianapolis pedestrian accident attorneys investigate:

  • Speeding
  • Distracted, aggressive, or impaired driving
  • Failure to yield in marked or unmarked crosswalks
  • Drivers turning without checking the crosswalk
  • Hit-and-run drivers fleeing the scene of a crash
  • Delivery drivers rushing to meet quotas
  • Rideshare drivers who are distracted or stop in unsafe locations
  • Vehicles that jump the curb or back out of driveways
  • Cracked, uneven, or icy sidewalks that property owners ignore
  • Missing curb ramps, poor lighting, or unsafe construction detours

Identifying the initial cause is the foundation of any claim. Our team works with building code experts, construction specialists, and investigators to pinpoint exactly who failed to uphold their legal duties.

Possible Injuries in Sidewalk and Pedestrian Accidents

People traveling on foot have no airbags, seat belts, or a metal frame to absorb the impact of a speeding vehicle. When a car strikes someone who’s walking, or a sidewalk defect causes them to fall on hard concrete, the injuries can be severe and sometimes permanent.

Common injuries our Indianapolis sidewalk accident lawyer team handles include:

  • Traumatic brain injuries: Concussions, brain bleeds, and lasting cognitive impairment.
  • Spinal cord injuries: Herniated discs, vertebral fractures, and paralysis.
  • Broken bones: Pelvic, hip, and femur fractures (especially in older adults).
  • Internal organ damage: Internal bleeding, ruptured spleens, and lung injuries.
  • Severe lacerations and road rash: Deep wounds and disfiguring scars.
  • Soft tissue and joint injuries: Torn tendons or ligaments in the shoulders and knees.
  • Psychological trauma: PTSD, anxiety, and depression.
  • Amputations and wrongful death: Possible outcomes of the most catastrophic crashes.

Pedestrian fatalities in Indiana have risen sharply over the years, with the state averaging roughly 1,500 pedestrian accidents per year between 2020 and 2024, according to the Indiana Criminal Justice Institute.

What to Do After a Sidewalk or Pedestrian Accident

The steps you take in the hours after a pedestrian crash directly affect what your case is worth. Insurance companies start building their defense immediately, so act with the same urgency.

  • Ensure safety: Move out of traffic, but stay on scene until police arrive.
  • Call 911: Request police and medical attention, even if injuries seem minor.
  • Collect evidence: Photograph the vehicle, license plate, sidewalk, lighting, and injuries; gather witness contact information.
  • Seek medical care: Head and internal injuries often do not show symptoms right away.
  • Do not admit fault: Avoid apologizing or guessing about what happened.
  • Preserve physical evidence: Keep damaged clothing, shoes, glasses, and phones.
  • Avoid recorded statements: Do not speak with insurance adjusters before consulting an attorney.
  • Contact an Indianapolis pedestrian accident attorney: The sooner we lock down surveillance footage and witnesses, the stronger your claim, especially with city sidewalk cases and their short notice deadlines.

Indiana's Sidewalk and Pedestrian Accident Laws

Pedestrian injury claims in Indiana are governed by specific deadlines, fault rules, and notice requirements. Missing a single one can end an otherwise strong case.

  • Fault and Liability in Indiana

    Indiana is an at-fault state, meaning the party responsible for the crash is liable for damages. In sidewalk and pedestrian cases, it’s usually the driver, but liability can also extend to employers of commercial drivers, property owners who allow sidewalks to fall into disrepair, and the City of Indianapolis when public walkways are unsafe. Establishing fault requires police reports, witness statements, surveillance footage, and often crash reconstruction, which is where an experienced Indianapolis pedestrian accident attorney makes a difference.

  • Statute of Limitations

    Under Indiana Code 34-11-2-4, you generally have 2 years from the accident date to file a personal injury lawsuit. Missing this deadline means losing your right to compensation. Acting promptly also protects evidence and keeps witnesses available.

  • Comparative Fault Rules

    Indiana follows a modified comparative fault rule. You can recover compensation as long as you are 50 percent or less at fault, but your award is reduced by your share. At 51 percent or more, you recover nothing. Insurance companies use this rule aggressively, arguing that pedestrians stepped off the curb too soon or ignored a signal. We push back with reconstruction, video, and witness testimony.

  • 180-Day Notice for Claims Against the City

    If a defective sidewalk, broken curb ramp, missing crosswalk signal, or negligent city employee played a role in your injuries, Indiana's Tort Claims Act requires a Notice of Tort Claim within 180 days. This applies to the City of Indianapolis, Marion County, IndyGo, and the State of Indiana. The deadline cannot be extended.

  • Premises Liability and Property Owner Duties

    Indiana premises liability law requires property owners, landlords, and businesses to keep adjacent sidewalks reasonably safe. That includes fixing cracked or uneven pavement, removing snow and ice within a reasonable time, and warning pedestrians of known hazards. When they fail, our Indianapolis sidewalk accident lawyers build a premises liability claim against the responsible party.

What Damages Are Available After a Sidewalk Accident?

Victims of sidewalk and pedestrian accidents can recover compensation for a wide range of damages, which lawyers typically divide into economic and non-economic categories.

Economic Damages

Economic damages are measurable financial losses tied directly to the accident:

  • Medical expenses: Past, current, and future costs, including hospital stays, surgeries, rehabilitation, prescriptions, and assistive devices.
  • Lost wages: Compensation for income you lost during recovery and any diminished earning capacity if you cannot return to your previous job.
  • Out-of-pocket expenses: Costs for transportation to medical appointments, in-home care, home modifications, and household help.
  • Property damage: Replacement or repair of phones, glasses, clothing, mobility devices, and other items damaged in the crash.

Non-Economic Damages

Non-economic damages compensate for intangible losses that are harder to quantify but just as real:

  • Pain and suffering: Physical pain and emotional distress caused by the crash and recovery.
  • Emotional distress: Anxiety, depression, PTSD, and fear of walking near traffic.
  • Loss of enjoyment of life: Inability to participate in hobbies, parenting, exercise, or other activities you once enjoyed.
  • Disfigurement and scarring: Compensation for permanent visible injuries and their impact on self-image.
  • Loss of consortium: Damages for the strain catastrophic injuries put on marriages and family relationships.

Punitive Damages

When a driver acted with extreme recklessness, such as driving drunk, fleeing the scene, or intentionally targeting a pedestrian, Indiana law allows additional punitive damages designed to punish the wrongdoer and discourage similar behavior.

Our Indianapolis pedestrian accident law firm will assess every loss carefully and account for each one in your claim so nothing is left on the table.

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Ready to Fight for Your Rights? We Are.

If someone else's negligence injured you on an Indianapolis sidewalk or crosswalk, CohenMalad, LLP is here to help. Contact us today to discuss your case. We will guide you through the legal process and fight for the compensation you deserve.

Meet Our Indianapolis Pedestrian Accident Attorneys

At CohenMalad, LLP, our Indianapolis pedestrian accident lawyers bring more than 300 years of combined experience and a relentless drive to achieve justice for clients hurt by negligent drivers and property owners. We are skilled negotiators and fearless trial lawyers, ready to take cases to court when insurance carriers refuse to offer fair settlements. We handle every sidewalk and pedestrian case with the personalized attention, professionalism, and strong command of Indiana law your claim deserves.

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Frequently Asked Questions About Indianapolis Sidewalk Accident Claims

  • Can I sue if I fall on a sidewalk?

    Yes, if someone else's negligence caused the fall. Indiana premises liability law requires property owners, businesses, and municipalities to fix cracked or uneven pavement, clear snow and ice, and warn of known hazards. Our Indianapolis sidewalk accident lawyer team identifies who had the legal duty to keep that walkway safe and builds the claim against them.

  • How long after a fall can you claim compensation?

    Under Indiana Code 34-11-2-4, you generally have two years to file a personal injury lawsuit. That window shrinks to just 180 days under Indiana's Tort Claims Act if your claim involves a city sidewalk, IndyGo, or any other government entity. Contact a pedestrian accident attorney in Indianapolis as soon as possible.

  • What not to say to the insurance adjuster?

    Avoid anything that sounds like an apology, a guess about what happened, or a downplay of your injuries. Phrases like "I'm sorry" or "I'm fine" get used against you. Do not give a recorded statement, estimate medical costs, or accept the first offer. The safest answer is that our Indianapolis pedestrian accident law firm is handling the case.

  • How much money is emotional distress worth?

    It depends on the severity of the trauma, supporting medical records, and the impact on daily life. PTSD, anxiety, depression, and fear of walking near traffic are recognized non-economic damages under Indiana law. Work with a licensed mental health professional so the condition is documented and tied to the crash. We include the full mental health impact in every demand.

  • What are the two main reasons for denying a claim?

    Insurers usually deny pedestrian claims by disputing liability or the extent of injuries. They argue you were at fault under Indiana's comparative fault rule or claim your medical bills are unrelated. A denial is not the end. An Indianapolis pedestrian accident lawyer can appeal, gather more evidence, and file suit if needed.

Contact CohenMalad, LLP for a Free Consultation Today

If you were injured on an Indianapolis sidewalk or crosswalk, do not wait to seek legal help. The challenges after a pedestrian crash can feel impossible on your own, and the costs of your injuries can add up fast. CohenMalad, LLP, one of Indiana's largest plaintiff law firms, is here to provide the guidance and advocacy you need. Call today to speak with an experienced Indianapolis pedestrian accident lawyer and find out what your case is worth.

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