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Pedestrian Accident Attorney in Indianapolis, IN

A pedestrian has nothing to absorb the impact of a collision with a vehicle, which is why pedestrian accidents so often result in severe injuries even at relatively low speeds. Pedestrian accidents cover collisions between vehicles and people walking, whether in a crosswalk, on a sidewalk, in a parking lot, or elsewhere, and they frequently involve serious injuries like fractures, traumatic brain injury, and spinal cord damage.

Indiana law gives pedestrians the right of way in marked and unmarked crosswalks in most circumstances, and drivers are required to exercise reasonable care to avoid hitting pedestrians even outside of a crosswalk. That said, pedestrians also have responsibilities under Indiana law, including using crosswalks where available and not entering a roadway suddenly in the path of a vehicle that can’t stop in time, and insurance companies frequently look for ways to argue the pedestrian shares some fault. Indiana’s modified comparative fault rule means a pedestrian can still recover damages as long as they’re found less than 51 percent at fault, with their recovery reduced by their share of the fault. Drivers making turns at intersections are a common cause of pedestrian accidents, since a driver focused on oncoming traffic can fail to notice a pedestrian already in the crosswalk.

At RileyCate, we investigate pedestrian accidents to establish exactly what happened, including whether the driver had the ability to see and avoid the pedestrian and whether traffic signals and right of way rules were followed. We handle claims involving crosswalk accidents, parking lot incidents, and hit and run cases, working to hold negligent drivers accountable.

Pedestrian accident cases often involve serious injuries and disputes over fault that require careful investigation and trial-tested representation. Will Riley and Russell Cate lead our pedestrian accident team. Russell Cate is recognized as a Super Lawyer, and his extensive trial experience and his and Will Riley’s appellate work before the Indiana Court of Appeals and the Indiana Supreme Court give our clients real depth in this kind of litigation. Will Riley’s Super Lawyers, Top 100 Trial Lawyers, and AV Preeminent recognition reflects that same trial-tested approach.

Will and Russell personally oversee every matter we take, staffing it with the attorneys, associates, and staff the case calls for based on its size and complexity, so your claim gets thorough, careful attention.

Why Choose Us

Nobody plans to need a lawyer. When something goes wrong, what you need first is someone who will listen, tell you honestly where you stand, and take the next steps off your plate. That is how every case at RileyCate, LLC begins.

We represent individuals, families, and small businesses across Fishers, Indianapolis, and surrounding counties in personal injury and complex litigation, business and real estate disputes, criminal defense, and appeals.

Will Riley and Russell Cate personally oversee every matter, staffing each case to its size and complexity. Both are recognized as Super Lawyers and have argued before the Indiana Court of Appeals and Supreme Court. Will also holds an AV Preeminent rating from Martindale-Hubbell and a Top 100 Trial Lawyer designation.

We are trial-tested, not just settlement-focused. We have tried hundreds of cases, because insurance companies, opposing businesses, and prosecutors negotiate differently with a firm willing to go the distance.

About RileyCate

Pedestrians generally have the right of way in marked and unmarked crosswalks, but this isn’t absolute, and pedestrians also have a responsibility to exercise reasonable care, such as not stepping suddenly into traffic. Drivers still have a duty to watch for pedestrians and avoid hitting them even in situations where the pedestrian doesn’t technically have the right of way. An attorney can help evaluate the specific right of way rules that applied to your accident.
Being outside of a crosswalk doesn’t automatically bar your claim, since Indiana’s modified comparative fault rule allows you to recover damages as long as you’re found less than 51 percent at fault, with your recovery reduced by your share of fault. Drivers still have a duty to exercise reasonable care to avoid pedestrians they can see or should see. An attorney can help assess how fault is likely to be allocated in your specific situation.
Seek medical attention right away, even if your injuries seem minor, and try to get the driver’s information, photos of the scene, and contact information for any witnesses if you’re able to. A police report is also important documentation for your claim. An attorney can help you gather any additional evidence you weren’t able to collect at the scene.
Hit and run cases can still be pursued, often through your own uninsured motorist coverage if the driver isn’t identified, or against the driver directly if they’re later located through police investigation or evidence like nearby camera footage. These cases can be more complicated to resolve, but they aren’t hopeless. An attorney can help you understand what options are available if the at-fault driver isn’t immediately known.
Depending on your injuries, you may be able to recover medical expenses, lost wages, pain and suffering, and future costs related to ongoing treatment or disability. Pedestrian accident injuries are often severe given the lack of any protective barrier between the person and the vehicle. An attorney can help make sure your claim accounts for the full scope of your injuries, including future needs.
Indiana generally provides two years from the date of the accident to file a personal injury lawsuit under Indiana’s statute of limitations, though claims involving a government-owned road or vehicle can involve a much shorter notice deadline. Because evidence like traffic camera footage may not be preserved indefinitely, it’s important to talk with an attorney as soon as possible after your accident. Acting quickly helps protect both your legal deadline and the evidence supporting your claim.
Parking lot accidents are common and generally follow the same negligence principles as any other pedestrian accident, though speeds are typically lower and drivers are expected to be especially attentive given the number of pedestrians moving between vehicles. Depending on the parking lot’s ownership, a premises liability claim against the property owner may also be relevant if poor lighting or design contributed to the accident. An attorney can help you understand all potential sources of liability.
Being distracted as a pedestrian can be raised by the insurance company as a basis for assigning you some fault, which under Indiana’s comparative fault rule would reduce your recovery rather than automatically bar it, unless you’re found 51 percent or more at fault. Drivers still bear a significant responsibility to watch for pedestrians regardless of what the pedestrian was doing. An attorney can help you understand how this issue is likely to affect your specific claim.

If you were injured as a pedestrian, we can help you understand your rights and hold the responsible driver accountable. We offer a consultation to review your accident and your options. Reach out to RileyCate today to speak with a pedestrian accident attorney about your situation.

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