Being hit by a vehicle as a pedestrian in Indiana can be a traumatic and life-changing event. Beyond physical injuries, victims often face emotional distress, mounting medical bills, lost wages, and insurance disputes. Acting quickly and knowing your rights is essential. Consulting an Indianapolis pedestrian accident lawyer early can help protect your recovery and ensure you pursue the compensation you deserve.
Seek Immediate Medical Attention
After being struck, your number one priority is to get emergency care, even if you can stand or walk. Many serious pedestrian injuries are not visible right away or could quickly become life-threatening.
Follow-Up Care
Even if emergency responders clear you, follow up with a hospital or your doctor for further evaluation. Injuries like bone fractures, soft-tissue tears, head trauma, or serious bruising may require X-rays, CT scans, or MRIs to become apparent.
After a collision, adrenaline and shock can prevent pain signals from reaching you, so never simply brush off an accident because you feel “okay” at first. Many conditions, including traumatic brain injuries, internal bleeding, or severe tissue damage surface hours or even days later
Your Case Will Get
The Attention It Deserves
Call the Police and Make a Report
Always ensure police respond to document the incident, even if the driver asks you not to. The official report creates an objective record of every important fact: what each person said, where and how the impact happened, and vehicle and road conditions.
When dealing with officers, be succinct and factual. Explain what happened, where you were, and the movement of cars and people, but never apologize or say anything that could make it seem like you were at fault.
Collect Evidence at the Scene (If You Can)
If you (or someone with you) can use a cell phone to take photos and videos, record everything: the car that struck you, all of your visible injuries, skid marks, nearby intersections, road signs, broken glass nearby, and anything else that could be important for your claim.
Get Driver Information
Never leave a scene without getting information from the driver, like their name, contact information, and insurance policy number. If possible, you should always get a photo of their driver’s license and insurance card.
Witness Information
Find anyone who was close enough to see what happened and get names, numbers, and if possible email addresses. Your lawyer can speak with them later on to get their side of what happened and what they saw.
Look For Surveillance Footage
Eye witnesses aren’t the only source of proof: store security cameras, doorbell cameras, dash cam footage, and traffic cameras can all provide evidence of what happened. If you think there was footage of the accident, make sure you tell your lawyer so they can get this evidence preserved as soon as possible.
Do Not Admit Fault or Negotiate on Your Own
Even saying you’re sorry out of reflex can hurt you later, as insurers look for ways to twist what you’ve said into admitting fault or negligence. Additionally, insurance companies are generally interested in closing out claims for the bare minimum, so it’s always a good idea to speak with a lawyer before negotiating with or accepting a settlement from these companies.
Be Aware of How Insurers Push Back Against Pedestrian Accident Claims
Insurance companies rarely make it easy for pedestrian accident victims to recover full compensation. They often work aggressively to minimize what they have to pay, using common tactics that can trip up anyone not prepared for a fight. Here’s what you should expect:
Blaming the Pedestrian for the Accident
Insurers may argue that you weren’t paying attention, were jaywalking, or just entered the road illegally or suddenly, not giving the driver time to see you. Shifting the blame gives the insurance company a chance to reduce the compensation they offer you as the injured pedestrian.
Disputing the Severity or Source of Injuries
They might question whether your injuries are as severe as you say, or claim some medical problems pre-existed the crash or happened in another incident. Requests for extra records or denial of particular treatment expenses are common.
Pressuring for Recorded Statements
Insurers may urge you to provide a recorded statement right after the accident, long before you have been able to seek legal advice. They do this to try to catch you in a mistake or get you to slip up and say something that could be interpreted as you admitting fault.
Offering Quick, Low Settlements
It’s common for insurance companies to offer you a quick settlement. This might seem helpful as you’re facing emergency medical expenses and lost wages, but it’s often done before you know the true extent of your losses. If you later realize your damages are more extensive than you thought you’ll be out of luck as far as collecting compensation from the at fault party and their insurance company.
When You Should Immediately Call a Lawyer
There are certain situations after a pedestrian accident where waiting to call a lawyer can put your rights and your potential recovery at serious risk. If you find yourself in any of the following situations, call a personal injury lawyer as soon as possible:
Hit-and-Run Accidents
Whenever the driver who hit you flees the scene, you’ll need an attorney right away. They can help you track down the driver in some cases, and if this isn’t possible, they can help you find other ways to get compensation for your injuries. Your attorney will speak with witnesses, preserve surveillance footage, advise you on reporting to police, and help you file an insurance claim through your own car insurance policy if applicable.
You’re Hit By an Uninsured Driver
If you were injured by a driver without valid insurance, pursuing compensation becomes more complicated. A lawyer can identify whether you have uninsured/underinsured motorist coverage and possibly pinpoint other sources of compensation to help you get what you need so you can focus on recovering.
You Have Severe Injuries
Crashes that cause broken bones, brain injury, permanent scarring, disability, surgery, or a long hospital stay require immediate legal input. An attorney experienced with catastrophic injury will help you build a strong claim so you can focus on recovering.
An Insurance Claims Adjuster is Calling You
If an insurance adjuster reaches out, especially pressuring you for statements, files, or to sign documents, it’s smart to consult a lawyer first. Adjusters are trained to minimize your payout and one wrong word can ruin your chance at fair compensation.
Waiting even a few days to speak with an Indianapolis personal injury lawyer in these cases can seriously weaken your case and your options. Our team is here to help you. Contact us today to schedule a free consultation and find out what steps you should take to get the compensation you deserve.
