Hit by a Car While Walking or Biking in Indiana: Who Pays and What Affects Your Claim
If a driver hits you while you are walking or riding a bicycle in Indiana, your injury claim is usually made against the at-fault driver's liability insurance. Your own auto policy may also help, even though you were not in a car, depending on the coverage you carry. Indiana's comparative fault law can reduce what you recover if you were partly at fault, and most claims must be filed in court within two years. Shorter notice deadlines apply when a government vehicle or employee is involved.
Who pays for your injuries?
Several sources of coverage may apply after a pedestrian or bicycle crash. Which ones apply depends on who caused the crash and what insurance everyone involved carries.
The at-fault driver's liability insurance. Indiana requires drivers to carry at least $25,000 in bodily injury coverage for one person and $50,000 for two or more people in one accident (IC 9-25-4-5). Serious injuries can exceed these minimums.
Your own uninsured and underinsured motorist coverage. Indiana insurers must make this coverage available, and a policyholder can reject it only in writing (IC 27-7-5-2). The statute describes the coverage as protecting "persons insured under the policy." Whether it applies while you were walking or biking, and whether it covers members of your household, depends on your policy's definitions. Check your declarations page and policy language.
Medical payments coverage. If your auto policy includes medical payments coverage, it may help with medical bills regardless of fault, up to the policy limit.
Health insurance. Your health insurer may pay medical bills as they come in. It may later ask to be reimbursed from a settlement.
Hospitals may also assert a lien on an injury claim under Indiana's hospital lien statute (IC 32-33-4). That law sets notice and filing rules for the lien. For more on how medical bills are handled, see our article on who pays medical bills after an Indiana car accident.
How fault is decided for pedestrians and cyclists
Indiana traffic law places duties on drivers, pedestrians, and cyclists. Insurance companies and courts often look at these rules when deciding who was at fault.
Rules for drivers
Drivers must exercise due care to avoid colliding with a pedestrian or a person riding a bicycle (IC 9-21-8-37).
A driver passing a bicycle must allow at least three feet of clearance (IC 9-21-8-5).
When a pedestrian has a "walk" signal, drivers must yield the right-of-way (IC 9-21-17-2).
A driver may not pass a vehicle that has stopped at a crosswalk to let a pedestrian cross (IC 9-21-17-6).
Rules for pedestrians
A pedestrian may not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close it is an immediate hazard (IC 9-21-17-5).
A pedestrian crossing outside a marked or unmarked crosswalk must yield to vehicles (IC 9-21-17-7).
If a usable sidewalk is available, pedestrians should use it instead of the roadway (IC 9-21-17-12).
Where there is no sidewalk or shoulder, a pedestrian on a two-way road should walk on the left side, facing traffic (IC 9-21-17-14).
Rules for cyclists
A person riding a bicycle on a roadway generally has the same rights and duties as a driver (IC 9-21-11-2).
Between one-half hour after sunset and one-half hour before sunrise, a bicycle needs a white front lamp and a red rear lamp or red reflector visible from at least 500 feet (IC 9-21-11-9).
Indiana law does not require adult cyclists to wear a helmet. Riders under 18 on a Class 3 electric bicycle must wear one (IC 9-21-11-13.1).
Breaking one of these rules does not automatically end an injury claim. It may affect how fault is divided.
What if you were partly at fault?
Indiana follows a modified comparative fault system. If you were partly at fault, your damages are reduced by your percentage of fault (IC 34-51-2-5). You cannot recover if your fault is greater than the combined fault of everyone else whose fault contributed to your injuries (IC 34-51-2-6).
For example, if a jury valued a claim at $100,000 and found the injured pedestrian 20% at fault, the recovery would be reduced to $80,000. This is only an illustration. Every case depends on its own facts and evidence.
A different rule for government defendants
Indiana's Comparative Fault Act does not apply to claims against governmental entities or public employees (IC 34-51-2-2). In those cases, Indiana courts apply the older contributory negligence rule, which can bar recovery if the injured person was even slightly at fault (Penn Harris Madison School Corp. v. Howard, Indiana Supreme Court, 2007). That makes early legal review especially important when a city bus, county truck, police car, or other government vehicle is involved.
Deadlines that can affect your claim
Lawsuits generally: Indiana's statute of limitations for personal injury is generally two years after the cause of action accrues (IC 34-11-2-4).
Claims against a city, county, or other political subdivision: written notice generally must be filed within 180 days after the loss (IC 34-13-3-8).
Claims against the State of Indiana or a state agency: written notice generally must be filed within 270 days after the loss (IC 34-13-3-6).
Missing a deadline can prevent recovery even when the other party was at fault. Read more about the statute of limitations for injury claims in Indiana.
Steps to take after being hit by a car
Get medical care. Call 911 if anyone is hurt. Some injuries are not obvious right away.
Report the crash. A driver involved in a crash that injures someone must stop, provide identifying information, and provide reasonable assistance (IC 9-26-1-1.1). Ask the officer how to obtain the crash report.
Document the scene. If you are able, photograph vehicles, the road, signals, crosswalk markings, lighting, and your injuries. Get names and phone numbers of witnesses.
Keep physical evidence. Do not repair or throw away a damaged bicycle, helmet, shoes, or clothing until you know whether they are needed as evidence.
Notify your own insurer. Your policy may require prompt notice, especially if you may need uninsured or underinsured motorist coverage.
Be careful with recorded statements. You do not have to give the other driver's insurer a recorded statement without understanding your rights.
Keep records. Save medical bills, receipts, pay stubs showing missed work, and notes about how the injuries affect your daily life.
Frequently asked questions
I was crossing outside a crosswalk. Do I still have a claim?
Possibly. A pedestrian crossing outside a crosswalk must yield to vehicles, but drivers still have a duty to exercise due care. Under comparative fault, your recovery may be reduced rather than eliminated, unless your fault is greater than everyone else's combined. Our article on comparative fault in Indiana explains more.
I do not own a car. Is there any insurance that covers me?
Possibly. The at-fault driver's liability insurance is the usual source of payment. In some cases, a household member's auto policy may provide uninsured or underinsured motorist coverage or medical payments coverage, depending on how the policy defines who is insured.
What if the driver left the scene?
Report the crash to police right away. Uninsured motorist coverage may help in some hit-and-run cases, depending on your policy. See our article on hit-and-run victims' rights in Indiana.
Are electric bicycles treated like regular bicycles?
Generally, yes. Indiana defines Class 1, Class 2, and Class 3 electric bicycles. A person riding one generally has the rights and duties of a bicycle rider, with some added restrictions for Class 3 e-bikes (IC 9-21-11-13.1).
Questions about a pedestrian or bicycle crash?
If you were hurt while walking or riding a bicycle in Indiana and have questions about insurance, fault, or deadlines, you can schedule a consultation with Brinkley Law or learn more about our personal injury practice.
Brinkley Law, 8888 Keystone Crossing, Suite 1300, Indianapolis, Indiana 46240.
This article provides general information about Indiana law and is not legal advice. Reading it or contacting Brinkley Law does not create an attorney-client relationship. The application of the law depends on the facts of each matter.
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