Fearless Representation for Vulnerable Walkers Throughout Indiana
A pedestrian accident where a vehicle collides with a walker is one of the most violent events a person can experience. While modern vehicles are equipped with airbags, crumple zones, and steel frames to protect their occupants, a person traveling on foot has nothing but their clothes to absorb the impact of a multi-ton vehicle.
The results are almost always catastrophic, leaving families to deal with sudden, life-altering medical crises and overwhelming financial pressure. If you or a loved one was struck by a car, you can trust our Indiana pedestrian accident lawyers to help you navigate this difficult time with confidence.
At Vaughan & Vaughan, we have spent more than 110 years fighting for the people of Indiana. Since our firm was founded in 1913, we have witnessed the evolution of Indiana’s driving history, from the early days of car ownership in the 1920s to the high-speed intersections of modern Indianapolis and Lafayette.
Through three generations of our family, our mission has remained the same: to provide aggressive and fearless representation, ensuring that negligent drivers are held accountable when they harm members of our community. If your family has been impacted by a vehicle-pedestrian accident, our family is here to help you recover and move forward.
Your Case Will Get
The Attention It Deserves
Why Trust Vaughan & Vaughan with Your Pedestrian Accident Case?
When a pedestrian is injured, insurance companies often look for reasons to shift the blame onto the victim. To combat these tactics, you need a law firm with elite credentials and a deep understanding of Indiana’s legal landscape.
Our team offers advantages that other Indiana law firms simply can’t provide, including:
- Board-Certified Courtroom Leadership: Attorney Charles V. Vaughan is board-certified in Civil Trial Law and Civil Practice Advocacy. This is a rare distinction held by fewer than 20 attorneys in the state of Indiana. In pedestrian cases—where the disputes over fault are often heated—having a board-certified trial lawyer ensures the insurance company knows we are ready and capable of prevailing in a courtroom.
- A Technical Edge in Serious Crashes: Many pedestrian accidents involve commercial delivery trucks or buses. Attorney Charles J. Vaughan holds a Class A Commercial Driver’s License (CDL), providing our team with a unique perspective on vehicle blind spots, braking distances, and driver visibility. We utilize this specialized knowledge to establish negligence in complex commercial vehicle accidents that other firms may overlook.
- A Century-Long Legacy: We are not a newcomer to the Indiana legal scene. With a history stretching back to 1913, we have the resources, the stability, and the local reputation necessary to take on the largest insurance corporations in the country.
- Contingency Fee Commitment: You should not have to worry about how to pay for a personal injury lawyer while you are fighting to recover. We handle pedestrian accident cases on a contingency fee basis. We advance all costs, and we only receive a fee if we successfully recover money for you.
- 24/7 Personal Attention: We are available day and night to answer your call. From our headquarters in Lafayette and our offices in Indianapolis and throughout the state, we provide the localized, responsive care you deserve.
There is no fee
unless you win
What Damages Can I Receive After a Pedestrian Accident?
In Indiana legal terms, damages refer to the financial compensation intended to cover the losses you have suffered. Because pedestrians often sustain the most severe injuries possible, we take an aggressive approach to identifying and calculating the total impact of the accident on your life.
We work to secure compensation for:
- Economic Damages: These are measurable financial losses, such as emergency room bills, surgical costs, specialized physical therapy, and prescriptions. We also include lost wages for the time you have missed at work and loss of future earning capacity if your injuries prevent you from returning to your career.
- Non-Economic Damages: These cover the human cost of the accident. This includes physical pain and suffering, mental anguish, permanent disfigurement or scarring, and the loss of enjoyment of life. For victims of catastrophic accidents, these damages are often the most significant part of a recovery.
- Wrongful Death Damages: If you have lost a family member in a pedestrian accident, we help you pursue compensation for funeral expenses, the loss of the deceased’s expected earnings, and the loss of companionship and emotional support.
Understanding Indiana Pedestrian Laws and Statistics
Pedestrian safety is a growing concern in Indiana. According to the Indiana Triennial Highway Safety Plan, pedestrian fatalities have remained a critical issue across the state, particularly in urban centers and near college campuses. Whether you were walking in a busy downtown area like Mass Ave in Indianapolis, crossing near Purdue University in Lafayette, or navigating the suburban streets of Carmel, you are protected by specific Indiana statutes.
- Right of Way at Crosswalks: Under Indiana Code § 9-21-8-33, drivers must yield the right of way to a pedestrian crossing the roadway within a marked or unmarked crosswalk at an intersection.
- The Two-Year Deadline: Indiana law generally allows two years from the date of the accident to file a personal injury lawsuit. However, for pedestrians, evidence such as traffic camera footage or witness statements can disappear in days. To protect this evidence, it is critical to start our investigation immediately.
- Modified Comparative Fault: Indiana follows a 51% rule for negligence. This means you can still recover compensation even if you were partially responsible for the accident, provided your fault is not 51% or more. If an insurer attempts to claim you were “darting out” into traffic, we fight to ensure the driver’s negligence is accurately reflected and protect your right to recover.
Common Causes of Pedestrian Accidents We Handle
Most pedestrian accidents are entirely preventable and stem from a driver’s failure to pay attention to their surroundings. We represent victims of:
- Distracted Driving: Drivers who are texting or using navigation apps often fail to notice pedestrians at crosswalks or in parking lots.
- Failure to Yield: This is common when a driver makes a left-hand turn at a light and fails to check for pedestrians who have the “Walk” signal.
- Speeding in Residential Zones: High speeds significantly increase the force of impact, often turning a survivable accident into a fatal one.
- Backing-Up Accidents: These frequently occur in busy parking lots or driveways where drivers fail to check their mirrors or backup cameras for pedestrians.
- School Zone and Bus Stop Collisions: Children are at high risk when drivers fail to stop for school buses or ignore reduced speed limits in school zones.
We Understand the Physical Reality of Pedestrian Injuries
Without any protection, a pedestrian’s body absorbs the full force of the vehicle, followed by a secondary impact with the pavement or another stationary object. We help clients build strong cases involving:
- Traumatic Brain Injuries (TBI): Ranging from debilitating concussions to permanent cognitive impairment.
- Spinal Cord Injuries: Often resulting in permanent paralysis or nerve damage.
- Internal Organ Damage: Blunt force trauma can cause life-threatening internal bleeding.
- Compound Fractures: Shattered limbs that require multiple surgeries and long-term hardware to repair.
- Amputations and Crushing Injuries: Can occur when a pedestrian is pinned between a vehicle and another object.
Trust Our Indiana Pedestrian Accident Attorneys to Fight the Insurance Company’s “Blame the Victim” Strategy
Insurance companies are notorious for trying to shift the blame to pedestrians. They may argue that you were wearing dark clothing, looking at your phone, or crossing outside of a marked area. They use these arguments to reduce the amount of money they have to pay under Indiana’s modified comparative fault rule.
At Vaughan & Vaughan, we won’t be intimidated. We utilize accident reconstruction specialists, witness interviews, and electronic evidence from the vehicle’s onboard systems to tell the truth of what happened. Because companies know that Charles V. Vaughan is board-certified, we have the recognized trial skill to push back against these tactics and ensure that the focus remains on the driver’s negligence.
Actions to Take Following a Pedestrian Accident
Because a pedestrian is no match for the weight and speed of a car, most victims hit by a car are rushed immediately to an emergency room and are unable to gather evidence at the scene. Whether you are currently recovering in a hospital bed at IU Health or resting at home, the actions you take in the days following the crash are vital for protecting your legal rights.
To help ensure your recovery and the strength of your future claim, we suggest the following:
- Prioritize Continued Medical Treatment: Insurance companies meticulously track your medical history following an accident. If you miss follow-up appointments or skip physical therapy, the insurer will argue that your injuries were not severe. Follow your doctor’s orders precisely and keep a folder with all discharge papers and medical instructions.
- Obtain a Copy of the Crash Report: If you were too injured to speak with officers at the scene, the responding agency—such as the Indiana State Police or a local municipal department—will have created a report. We can obtain this report for you and review it for any factual errors, such as the location of the collision or the driver’s identity.
- Secure All Physical Evidence: Do not wash or throw away the clothing and shoes you were wearing during the accident. Torn fabric, scuff marks, and even blood stains can serve as physical evidence of the point and force of impact. Similarly, if your phone, watch, or glasses were damaged, keep them in a safe place.
- Screen Calls from Insurance Adjusters: You will likely receive calls from the driver’s insurance company asking for a “friendly” recorded statement. They are looking for any statement to shift the fault onto you. You are not required to provide a statement. Politely inform them that you are seeking legal counsel and hang up.
- Start a Recovery Journal: Under Indiana law, you can seek compensation for non-economic impacts like pain and suffering. Because these are harder to measure than a hospital bill, we recommend keeping a daily log of your pain levels, your emotional state, and the specific life events you are missing due to your injuries.
- Refrain from Social Media Updates: It is tempting to update friends and family on your status, but insurance adjusters monitor public profiles. A single photo of you smiling at an event or a post stating you are “hanging in there” can be used to downplay the severity of your suffering.
- Contact Vaughan & Vaughan for a free case review. The sooner our team is involved, the sooner we can begin preserving electronic evidence, such as traffic camera footage or the driver’s mobile phone records. We can handle all communications with the insurer, allowing you to focus entirely on your physical recovery.
Frequently Asked Questions (FAQs) About Indiana Pedestrian Accident Claims
What if I was injured in a hit-and-run accident?
If the driver fled the scene, you may still have options for recovery. We can help you file a claim through your own insurance policy under your Uninsured Motorist (UM) coverage. This coverage is designed to act as the “at-fault” insurance in cases where the negligent driver cannot be found or has no insurance. We also work closely with local law enforcement to help identify the responsible party through security footage or witness leads.
Am I still eligible for compensation if I wasn’t in a marked crosswalk?
Yes. While pedestrians are encouraged to use crosswalks, drivers in Indiana still have a duty of care to avoid hitting pedestrians whenever possible. Even if you were jaywalking or crossing mid-block, a driver can still be found at fault if they were speeding, distracted, or otherwise failing to maintain a proper lookout. Your total compensation may be adjusted based on your percentage of fault, but you are not automatically barred from recovery.
What if the accident happened in a parking lot or private driveway?
Drivers have a responsibility to be hyper-vigilant in parking lots and driveways where pedestrians are expected. Many vehicles now have backup cameras and sensors designed specifically to prevent these accidents. If a driver fails to use these tools or reverses too quickly and strikes you, they may be liable for your injuries, regardless of whether the accident happened on a public street or private property.
How does the weather affect my pedestrian accident claim?
In Indiana, rain, snow, and fog can decrease visibility. However, bad weather does not excuse a driver’s negligence; in fact, it requires them to drive more carefully and slowly. If a driver argues that they didn’t see you due to the weather, our investigation will focus on whether they were driving at a speed that was safe for the conditions. Drivers are legally obligated to adjust their driving to current road and visibility conditions.
Is a pedestrian accident claim worth it if my injuries are “minor”?
What might seem like a minor injury today—such as a “soft tissue” knee injury or a sore neck—can develop into chronic pain or require surgery months later. Insurance companies often attempt to settle these smaller personal injury claims quickly before the full extent of the damage is fully understood. It is always worth speaking to our team to ensure you aren’t signing away your right to future medical care for an injury that turns out to be serious.
Contact Our Fearless Indiana Pedestrian Accident Lawyers Today
For over a century, the team at Vaughan & Vaughan has fought for the rights of those who have been wronged. We understand the physical pain and the financial stress you are under, and we have the board-certified expertise to take your fight to the insurance company or a jury. Whether you are in Lafayette, Indianapolis, or anywhere in between, we are ready to help you pursue the justice you deserve.
Call us 24/7 at (765) 742-0056 or fill out our online contact form to schedule your free, no-obligation consultation.
