As injury lawyers in Indianapolis, we have witnessed how devastating pedestrian accidents can be, especially those caused by distracted driving. These incidents are not “accidents” in the truest sense. They are preventable events rooted in careless behavior. We work to hold distracted drivers accountable and secure compensation for injured pedestrians throughout Indianapolis.
Pedestrians Deserve the Full Protection of the Law
Whether you are crossing the street, walking through a parking lot, or jogging along the sidewalk, Indiana law gives you rights. When a distracted driver violates those rights, we step in. As your Indianapolis distracted pedestrian accident lawyer, we pursue justice with urgency and attention to detail.
What Counts as Distracted Driving?
Distracted driving includes anything that takes a driver’s attention away from the road. Common examples include:
- Texting or using a smartphone
- Eating or drinking
- Adjusting the radio or GPS
- Conversing with passengers
- Reaching for items inside the vehicle
When a pedestrian is struck because a driver was distracted, we use phone records, witness statements, dashcam footage, and accident reconstruction to prove negligence.
Common Injuries in Distracted Pedestrian Accidents
The human body is no match for a moving vehicle. Pedestrian accident victims often suffer:
- Traumatic brain injuries
- Broken bones
- Internal organ damage
- Spinal cord injuries
- Severe cuts or lacerations
- Wrongful death
We fight to make sure your damages include not just emergency medical costs, but also long-term rehabilitation, lost wages, and pain and suffering.
How We Build a Strong Case for Injured Pedestrians
We begin with a free case evaluation. From there, we:
- Secure police reports and eyewitness testimony
- Request surveillance or traffic cam footage
- Subpoena cellphone records when necessary
- Work with medical experts to understand the full impact of your injuries
- Handle all insurance negotiations and paperwork
As your Indianapolis injury attorney, we leave no stone unturned in proving the driver’s fault and the full extent of your losses.
Who May Be Liable?
Most commonly, the distracted driver is responsible. But we also explore whether:
- The driver was working for a delivery or rideshare service
- A vehicle manufacturer contributed to the accident through design flaws
- A city or county created a dangerous intersection with poor visibility
We investigate every possible source of fault and compensation.
Indiana Law and Pedestrian Rights
Under Indiana law, drivers must yield the right-of-way to pedestrians in crosswalks and must exercise “due care” to avoid hitting anyone on foot. When they fail to do so, and a pedestrian is injured, the driver can be held financially liable.
Even if you were not in a crosswalk, you may still have a valid claim. We explain how Indiana’s comparative fault rules apply and ensure your rights are protected.
Damages You May Be Entitled To
Our goal is to pursue maximum compensation for all types of damages, including:
- Emergency medical care
- Follow-up treatment and rehabilitation
- Lost wages and reduced future earnings
- Pain and suffering
- Emotional distress
- Long-term disability
- Wrongful death damages if a loved one was killed
We prepare every case as if it will go to trial. That preparation strengthens our negotiations and gets real results.
What If the Driver Was Not Cited?
You can still bring a claim even if the driver was not ticketed or arrested. Civil claims have a different burden of proof than criminal or traffic cases. We gather evidence independently and do not rely solely on the outcome of police investigations.
Frequently Asked Questions
What should I do after being hit by a distracted driver?
Seek medical attention immediately. If possible, get contact information from witnesses and take photos of the scene. Then call an injury lawyer in Indiana as soon as possible.
Can I sue if I was partially at fault?
Yes. Indiana follows comparative fault. If you are less than 51% at fault, you can still recover compensation, though your damages may be reduced.
Is it worth filing a claim for minor injuries?
Yes. Injuries that seem minor at first can become more serious over time. Medical costs and lost wages add up quickly.
What if I was not in a crosswalk?
You may still have a valid case. Drivers have a duty to watch for pedestrians in all areas, not just marked crosswalks.
How long do I have to file a claim?
In Indiana, the statute of limitations is two years from the date of the accident. Delaying can weaken your case.
How much does it cost to hire your firm?
We work on a contingency fee basis. You pay nothing unless we win your case.
Can I get compensation for emotional distress?
Yes. Emotional trauma is a valid part of your damages, especially in cases involving serious or disfiguring injuries.
Will my case go to trial?
Many pedestrian accident claims settle out of court. However, we prepare every case for trial to ensure we are always in the strongest position.
How do you prove the driver was distracted?
We use phone records, witness statements, surveillance video, and sometimes expert analysis to prove distraction.
Why should I hire an attorney instead of dealing with insurance on my own?
Insurance companies aim to minimize payouts. We make sure your claim reflects the full extent of your injuries and losses.
Take Action Today to Protect Your Rights
Pedestrian accidents involving distracted drivers are preventable. When you are injured because someone failed to pay attention, you deserve compensation and justice.
Let us help. As your Indianapolis distracted pedestrian accident lawyer, we fight relentlessly on your behalf. Contact us today for a free case review. We are ready to hold the negligent party accountable and help you move forward.
