Every parent’s worst nightmare is receiving the call that their child has been injured in an accident. When that accident involves a pedestrian being struck by a vehicle, the physical, emotional, and financial impact can be devastating. 

In Indianapolis, pedestrian accidents involving children are tragically common, and they often raise serious legal, medical, and safety concerns. If your child has been hit by a car, knowing what to do next is crucial to protecting your child’s health and your family’s rights.

As Indianapolis car crash lawyers, we understand how frightening and overwhelming this situation can be. In this blog, we’ll walk you through the immediate steps to take, Indiana’s pedestrian accident laws, how fault is determined, and what legal remedies may be available to you and your child.

1. Immediate Steps to Take After the Accident

If your child has been struck by a car, your priority is getting emergency medical care. Even if injuries are not immediately apparent, internal injuries, concussions, or fractures are common in these types of accidents and may not show symptoms right away.

Once your child is safe and receiving medical attention, follow these steps:

  • Call 911 and file a police report. This ensures that there is an official record of the incident, which is vital for insurance and legal purposes.
  • Gather evidence at the scene if you’re able. Take photos of the vehicle, your child’s injuries, skid marks, traffic signals, and street layout.
  • Get contact information for the driver and any witnesses.
  • Avoid discussing fault or making any recorded statements without first consulting with an attorney.
  • Keep all medical records, bills, and any related documentation.

2. Understanding Indiana Pedestrian Accident Laws

In Indiana, pedestrians—including children—have legal protections when crossing the street or walking along public roadways. Indiana Code § 9-21-17 outlines a driver’s duty to yield to pedestrians in crosswalks and exercise due care to avoid collisions. This responsibility increases when children are present.

Children under the age of 14 are often afforded special consideration under the law because they are not expected to exercise the same level of judgment as adults. This means that even if a child darts into the street, the driver may still be held fully or partially liable for failing to drive cautiously in an area where children are likely to be present, such as near schools or residential neighborhoods.

3. Common Causes of Child Pedestrian Accidents

Most child pedestrian accidents in Indianapolis occur in predictable scenarios. Understanding the common causes helps strengthen your claim by identifying whether the driver failed in their duty of care:

  • Speeding in school zones or residential areas
  • Failing to yield at crosswalks or intersections
  • Distracted driving (texting, eating, or adjusting the radio)
  • Running red lights or stop signs
  • Driving under the influence of alcohol or drugs
  • Backing up without looking (often in driveways or parking lots)

Each of these negligent behaviors can lead to catastrophic injuries and may serve as the foundation for a personal injury lawsuit or insurance claim.

4. Determining Fault in a Pedestrian Accident Involving a Child

The fault in an Indianapolis pedestrian accident is based on negligence. To establish liability, it must be shown that the driver owed a duty of care to the pedestrian, breached that duty, and caused injury as a direct result of that breach.

In cases involving children, Indiana courts often apply the “attractive nuisance” or “heightened duty of care” principle, meaning that drivers must be especially cautious in areas where children are present. In some situations, even if the child was not in a crosswalk, the driver can still be held liable if they were speeding or otherwise driving recklessly.

In comparative fault states, such as Indiana (IC § 34-51-2), compensation can be reduced if the injured party is partially at fault. However, children under a certain age are generally presumed not to have the legal capacity to be negligent. In Indiana, children under the age of seven are typically considered incapable of negligence, and the law may protect them up to the age of 14, depending on the circumstances.

5. Types of Injuries Common in Child Pedestrian Accidents

Children are especially vulnerable to serious injury when struck by a vehicle. Some common injuries include:

  • Traumatic brain injuries (TBI)
  • Spinal cord injuries
  • Internal bleeding or organ damage
  • Broken bones and fractures
  • Lacerations and facial trauma
  • Psychological trauma, including PTSD

These injuries often require long-term medical care, rehabilitation, and psychological counseling. The financial toll can be immense, which is why it’s essential to pursue full compensation.

6. Compensation You May Be Entitled To

If your child was hit by a car in Indianapolis, you may be entitled to pursue compensation for a variety of damages:

  • Medical expenses (emergency care, surgery, rehab, ongoing treatment)
  • Pain and suffering
  • Mental anguish and emotional distress
  • Future medical costs
  • Loss of enjoyment of life
  • Educational or developmental disruption
  • Parental lost wages (if you had to miss work to care for your child)

In cases involving gross negligence or reckless behavior, such as a drunk driver, you may also be eligible for punitive damages.

7. Dealing With Insurance Companies

After a pedestrian accident, you can expect a call from the driver’s insurance company. Their goal is to minimize their financial exposure, not to help your child recover. It’s important not to give a recorded statement, accept a settlement, or sign anything until you speak with an Indianapolis car crash lawyer.

We can help you calculate the actual value of your child’s claim and negotiate with insurance providers to make sure you’re not being taken advantage of. In many cases, initial offers are far below what families need to cover long-term medical expenses and non-economic damages like emotional distress.

8. Time Limits for Filing a Lawsuit

Indiana’s statute of limitations for personal injury claims is generally two years from the date of the accident (Indiana Code § 34-11-2-4). However, when the victim is a minor, that timeline may be extended.

Typically, the statute of limitations is “tolled,” or paused, until the child turns 18. That said, it’s not advisable to wait. Evidence can disappear, memories fade, and the sooner a case is started, the stronger it can be.

Additionally, if the accident involves a government vehicle or occurred on public property (such as a school zone or city bus), special rules and shorter deadlines may apply. In those cases, a notice of tort claim must be filed within 180 days under Indiana’s Tort Claims Act (IC § 34-13-3).

Pedestrian accidents involving children are emotionally charged, medically complex, and legally nuanced. Insurance companies often employ delay tactics or attempt to shift blame onto the child or parents.

An experienced Indianapolis car crash lawyer can:

  • Conduct a thorough investigation of the accident
  • Gather medical and police records
  • Consult with medical experts about future care needs
  • Negotiate with insurance companies
  • File a lawsuit if necessary and represent your family in court

Most personal injury law firms—including ours—offer free consultations and work on a contingency fee basis, meaning you don’t pay unless we recover compensation for your family.

10. Preventing Future Pedestrian Accidents Involving Children

While no amount of money can undo the harm caused by a serious pedestrian accident, raising awareness and advocating for change can help protect other children in Indianapolis.

We encourage parents, schools, and city officials to support:

  • Enhanced crosswalk visibility and signage near schools
  • Slower speed limits in residential zones
  • More traffic enforcement during school hours
  • Education programs about pedestrian safety for drivers and children

As a community, we all share responsibility for keeping our roads safe for children.

Frequently Asked Questions (FAQ): Child Pedestrian Accidents in Indianapolis

What if my child was hit outside of a crosswalk? Can I still file a claim?

Yes. While crosswalks provide added legal protection, drivers in Indiana still have a duty to watch for pedestrians, especially children, at all times on the road. Courts recognize that children may act unpredictably, and a driver’s failure to adjust their behavior accordingly can still result in liability, even if the child was not in a marked crossing.

Can a parent sue on behalf of a child in Indiana?

Absolutely. In Indiana, a parent or legal guardian can file a personal injury claim on the child’s behalf. Any settlement or award is typically held in trust until the child turns 18 unless otherwise ordered by the court.

What if the driver left the scene of the accident?

Hit-and-run accidents involving children are criminal offenses in Indiana. If the driver is later identified, they can be held both criminally and civilly liable. If the driver is never found, you may still be able to pursue compensation through your uninsured motorist (UM) coverage.

How long does it take to resolve a pedestrian accident claim?

Each case is different. Some claims settle within a few months, while others—especially those involving severe injuries or litigation—can take a year or more. Our goal is to secure a fair settlement without unnecessary delay, but we will never rush a case at the expense of your child’s long-term needs.

Does hiring a lawyer cost anything upfront?

No. We work on a contingency fee basis, meaning there are no upfront fees. You only pay if we win compensation for you. The consultation is free, and we’re happy to answer all your questions during that first call.

Take Action to Protect Your Child and Your Family’s Future

If your child was hit by a car in Indianapolis, you may feel shocked, angry, and unsure of where to turn. However, you are not alone, and you do not have to navigate the legal and financial aftermath on your own.

At our firm, we’ve helped families recover compensation and find peace of mind after devastating pedestrian accidents. Let us fight for your child’s rights while you focus on assisting them to heal.

Contact us today for a free consultation with an Indianapolis car crash lawyer. We’re here to help you hold negligent drivers accountable and protect your child’s future.