Hit-and-Run Wrecks: Causes, Consequences, and Pedestrian Safety

In Indiana, hit-and-run collisions are sadly common, and they frequently result in serious injuries or fatalities for pedestrians. For victims, it’s essential to know that there are still options available, even if the at-fault driver is never found. 

At Christie Farrell Lee & Bell, we have decades of experience in personal injury law in Indiana. Here we’ll break down the causes behind these incidents, the legal consequences, and how to protect yourself, which is crucial for pedestrians and drivers involved in these accidents.

Causes of Hit-and-Run Accidents Involving Pedestrians

Despite making up less than 1% of those involved in traffic collisions, pedestrians and bicyclists accounted for 14% of Indiana’s traffic fatalities in 2022. After an accident, some drivers choose to flee the scene rather than face the potential legal consequences.

For some, driving without a license or insurance intensifies this fear, further encouraging flight. The facts about hit-and-run accidents in Indiana indicate that these incidents are unfortunately common, as drivers prioritize self-preservation over their legal responsibilities.

The Psychology Behind Hit-and-Run Behavior

Hit-and-run accidents are often the result of a driver’s fear or panic. Many drivers feel overwhelmed by potential consequences like an arrest or lawsuit and react impulsively by leaving the area.

Here are the common causes behind this decision:

• Driving under the influence (DUI): Intoxicated drivers may leave the scene to avoid arrest and DUI charges, fearing the penalties associated with impaired driving.
• Fear of legal consequences: Drivers without a valid license, registration, or insurance may flee to avoid fines, legal trouble, or even jail time.
• Distracted driving: A driver who was distracted at the time of the crash might panic, especially if they realize their mistake led to a serious injury.
• Not realizing they hit a pedestrian: This can occur in low-visibility conditions or in situations where the driver assumes they only struck an object.

Consequences of a Hit-and-Run Accident in Indiana

Drivers involved in hit-and-run accidents face serious legal consequences in Indiana, especially when pedestrians are injured or killed. These consequences include:

• Criminal charges: If a hit-and-run results in bodily injury, it could be charged as a Class A misdemeanor, while charges for accidents causing serious injury or death can escalate to a Level 6 felony or Level 4 felony.
• Civil lawsuits: Injured pedestrians or their families can file lawsuits to seek compensation for medical expenses, lost wages, and pain and suffering.
• Increased penalties for intoxicated drivers: If the driver was under the influence during an accident that caused fatal injuries or displays gross negligence (such as excessive speeding while intoxicated), charges may escalate to a Level 3 felony.

Indiana’s Legal Requirements for Reporting Hit-and-Run Accidents

After a car accident, and according to Indiana Code § 9-26-1-1.1, drivers must stop at the scene, provide their name, address, and vehicle registration, and show their driver’s license upon request.

In cases involving injuries or fatalities, drivers are also required to assist the injured and immediately notify law enforcement. Failure to follow these requirements can lead to misdemeanor or felony charges, depending on the severity of the accident.

Pedestrian Safety and How to Protect Yourself

To reduce their risk of being involved in a hit-and-run accident, pedestrians must remember to:

• Use crosswalks and follow pedestrian traffic signals.
• Stay alert and remain aware of their surroundings.
• Wear reflective or brightly colored clothing, especially when walking at night.

With the spike in pedestrian fatalities in Indianapolis, it’s crucial for pedestrians to take these safety measures seriously. These precautions cannot eliminate all risks, but they can help reduce the likelihood of becoming a victim of a hit-and-run.

Legal Rights for Injured Pedestrians in Hit-and-Run Accidents

There are several pedestrian legal rights in car accidents in Indiana, but the most important ones include:

• The right to pursue compensation: Even if the driver isn’t identified, pedestrians can utilize their own uninsured motorist insurance to cover the costs of the accident.
• Holding the at-fault driver accountable: If the driver is identified, victims can seek compensation for medical expenses, lost wages, and pain and suffering through a personal injury claim.

Filing a Personal Injury Claim After a Hit-and-Run

If we’re able to identify the fleeing driver, it’s possible to file a personal injury claim and potentially get a substantial settlement. Our lawyers at Christie Farrell Lee & Bell can assess your case to determine if this would be the best path for your situation.

Generally, filing a personal injury claim after a hit-and-run entails the following steps:

1. Notify your insurance company of the accident.
2. Consult with a personal injury lawyer to get a professional evaluation of your case and decide on the best path moving forward.
3. File the claim with the relevant insurance company.
4. Resolve your case by negotiating a settlement or pursuing litigation if needed.

Does Uninsured Motorist Insurance Cover Hit-and-Run Accidents Involving Pedestrians?

Yes, uninsured motorist (UM) insurance can cover hit-and-run accidents involving pedestrians when the at-fault driver cannot be located. 

This type of insurance intends to provide coverage for injuries and damages when the at-fault party is either uninsured or unidentified (such as in hit-and-run cases), offering a financial safety net for victims​. It typically covers costs like medical expenses, lost wages, and pain and suffering resulting from the accident.

What to Do After a Pedestrian Hit-and-Run Accident

If you’re involved in a pedestrian hit-and-run, follow these steps to protect your rights:

1. Call 911 to report the accident and request medical assistance.
2. Gather evidence by using your phone to document visible injuries, damage, and the location of the incident.
3. Collect information from witnesses and look for nearby surveillance cameras that may have recorded the accident.
4. Seek legal counsel to help identify the at-fault driver and pursue compensation.

For more information on your legal rights after getting hit by a car in Indiana, you can schedule a free consultation with Christie Farrell Lee & Bell’s expert legal team. During this initial meeting, a pedestrian accident lawyer will analyze your case, explain the available legal avenues for your specific circumstances, and give an estimate of your claim’s potential value.

Contact Christie Farrell Lee & Bell for Legal Help After a Pedestrian Hit-and-Run Accident

At Christie Farrell Lee & Bell, we’ve been helping accident victims across Indiana since 1993, and we have the necessary knowledge, resources, and expertise to manage even the most complex cases.

Plus, we don’t charge you anything unless we win your case, ensuring you can pursue legal action with no upfront costs. We can make all the difference in your case, managing every aspect while you focus on recovery. To schedule a free consultation with our team, contact us today!