Pedestrian Accident Claims in Indiana
When drivers in Indiana must yield to pedestrians, crossing outside a crosswalk, how fault is shared, and the deadline to sue.
Short answer: When traffic signals are not in place or not working, drivers must yield, slowing or stopping if needed, to a pedestrian in a crosswalk on their half of the road or approaching closely from the other half. IC 9-21-8-36; IC 9-21-17-2, 9-21-17-5 to 9-21-17-7
| Pedestrian right-of-way | When traffic signals are not in place or not working, drivers must yield, slowing or stopping if needed, to a pedestrian in a crosswalk on their half of the road or approaching closely from the other half. Drivers must not pass a vehicle stopped at a crosswalk for a pedestrian, and must yield to pedestrians crossing on a 'walk' signal. Pedestrians crossing outside a marked or unmarked crosswalk must yield to vehicles and must not suddenly step into the path of a vehicle too close to stop. Read in the 2025 Indiana Code on iga.in.gov on 2026-10-28. |
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| Fault rule (comparative negligence) | Modified comparative fault (51% bar). An injured person is barred from recovery if his or her fault is greater than the combined fault of all others whose fault contributed to the damages; otherwise damages are reduced in proportion to his or her fault. Source: Ind. Code § 34-51-2-6 |
| Minimum car insurance | Minimum financial responsibility is $25,000 for injury or death of one person, $50,000 for injury or death of two or more people in one accident, and $25,000 for property damage (25/50/25, the property amount effective July 1, 2018). Source: Ind. Code § 9-25-4-5 |
| Deadline to sue for an injury | A lawsuit for injury to a person must be filed within two years after the cause of action accrues. Claims for injury from childhood sexual abuse have longer deadlines. Source: Ind. Code § 34-11-2-4 |
More Indiana personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Indiana
- Wrongful Death Lawsuits in Indiana
- Medical Malpractice Rules in Indiana
- Car Accident Claims in Indiana
- Dog Bite Liability in Indiana
- Sidewalk and Public Property Falls in Indiana
- Motorcycle Accident Claims in Indiana
- Bicycle Accident Claims in Indiana
- Uber and Lyft Accident Claims in Indiana
- Truck Accident Claims in Indiana
- Construction Site Injuries in Indiana
- All Indiana personal injury & wrongful death rules
FAQ
Who has the right of way, a pedestrian or a driver, in Indiana?
When traffic signals are not in place or not working, drivers must yield, slowing or stopping if needed, to a pedestrian in a crosswalk on their half of the road or approaching closely from the other half. Drivers must not pass a vehicle stopped at a crosswalk for a pedestrian, and must yield to pedestrians crossing on a 'walk' signal. Pedestrians crossing outside a marked or unmarked crosswalk must yield to vehicles and must not suddenly step into the path of a vehicle too close to stop.
Can you recover damages if you were partly at fault in Indiana?
Modified comparative fault (51% bar). An injured person is barred from recovery if his or her fault is greater than the combined fault of all others whose fault contributed to the damages; otherwise damages are reduced in proportion to his or her fault.
What is the minimum car insurance required in Indiana?
Minimum financial responsibility is $25,000 for injury or death of one person, $50,000 for injury or death of two or more people in one accident, and $25,000 for property damage (25/50/25, the property amount effective July 1, 2018).
What is the statute of limitations for personal injury in Indiana?
A lawsuit for injury to a person must be filed within two years after the cause of action accrues. Claims for injury from childhood sexual abuse have longer deadlines.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.