Indianapolis & Indiana

Pedestrian & Bicycle Accident Lawyer Flat 20% Fee

When a car hits a person on foot or on a bike, there is no airbag and no crumple zone — just the impact. The injuries are often catastrophic, and too many drivers say they "never saw" you. Kavanagh Injury Law represents injured pedestrians and cyclists in Indianapolis and throughout Indiana at 20% — not the 33–40% most firms charge.

Licensed in Indiana. Out-of-state crashes handled through our nationwide co-counsel network at the same 20% fee.

What to Do After Being Hit While Walking or Biking

What you do in the first minutes protects your health and your claim — especially if the driver flees.

1

Call 911

Get emergency medical help and police to the scene. The police report is critical evidence — especially in a hit-and-run.

2

If the driver flees, capture what you can

Note or photograph the license plate, the vehicle's make, model, and color, and its direction. Ask witnesses to stay or share their contact info — in a hit-and-run, they may be the case.

3

Get medical care immediately

These impacts cause hidden injuries — concussions, internal trauma, fractures. See a doctor even if you can walk away from the scene.

4

Photograph the scene

The crosswalk, signals, your bike, the point of impact, and your injuries. Use the KIL app to timestamp and GPS-tag everything.

5

Get names

Witnesses and the responding officers. Independent witnesses are powerful when a driver claims you "came out of nowhere."

6

Don't admit fault or give a recorded statement

Drivers and their insurers often blame the pedestrian or cyclist. Be polite, but don't accept blame or give a recorded statement until you have a lawyer.

7

Call a lawyer quickly

Especially if the driver was uninsured or fled — you may have a claim through your own auto insurance — and if a government-maintained crosswalk or signal was involved, the deadline to act can be very short.

Why Pedestrian & Bicycle Cases Are Different

A person on foot or a bike is a vulnerable road user — and the injuries, the law, and the defense tactics all reflect that.

No Protection from the Impact

Unlike a driver surrounded by steel and airbags, a pedestrian or cyclist absorbs the full force of a collision. That is why these crashes so often cause traumatic brain injuries, spinal damage, and multiple fractures — and why the medical and future-care stakes are so high.

The "I Never Saw Them" Defense

Drivers and insurers routinely argue the pedestrian darted out or the cyclist was not visible. Independent witnesses, traffic-camera and doorbell footage, and scene evidence are how that narrative gets challenged — and they have to be gathered before they disappear.

Right of Way Isn't Automatic

Indiana law gives pedestrians the right of way in many situations, and treats cyclists as having the rights of road users. But fault is still decided on the facts — an attorney proves the driver's negligence rather than relying on assumptions.

Common Pedestrian & Bicycle Crash Scenarios

If your crash looks like one of these, it is worth a call.

Crosswalk collisions

Drivers turning across a crosswalk or failing to yield to someone lawfully in a marked or unmarked crossing.

Bike lanes & "dooring"

Vehicles drifting into a bike lane, or a parked driver opening a door into a passing cyclist's path.

Hit-and-run

A driver who flees the scene. You may still recover through your own uninsured-motorist coverage — see below.

Backing & parking lots

Drivers reversing out of spaces or driveways who fail to check for people on foot or on bikes.

Indiana Pedestrian & Bicycle Accident Law

Two-Year Statute of Limitations — Sometimes Much Shorter

Indiana generally requires you to file a personal injury lawsuit within two years of the crash. But if a government entity may share responsibility — a dangerous crosswalk or a malfunctioning signal — a much shorter notice deadline applies under the Indiana Tort Claims Act: often as little as 180 days for a city or county, and 270 days for the State of Indiana. Acting early keeps every option open.

Modified Comparative Fault (the 51% Bar)

You can recover if you are less than 51% at fault, with your award reduced by your share. Drivers' insurers push hard to pin blame on the pedestrian or cyclist — an attorney fights that fault allocation with witnesses and evidence.

Your Own Insurance May Cover a Hit-and-Run

If the driver who hit you was uninsured, underinsured, or fled, your own auto policy's uninsured/underinsured motorist (UM/UIM) coverage may apply — even though you were on foot or on a bike, and even if the policy belongs to a household family member. It is an option many injured pedestrians and cyclists do not know they have.

Compensation You May Be Entitled To

Pedestrian and bicycle crashes often cause severe, lasting injuries. Every case is different, but these are the categories of damages commonly pursued.

Medical expenses

Emergency care, surgery, hospitalization, rehabilitation, and future medical needs related to the crash.

Lost wages & earning capacity

Income missed during recovery, and reduced ability to work when injuries are severe or permanent.

Pain, suffering & disability

Physical pain, emotional distress, disfigurement, and loss of enjoyment of life — often significant in these cases.

Wrongful death

When a crash takes a life, Indiana law allows surviving family to pursue specific categories of loss.

Past results do not guarantee future outcomes. The value of any claim depends on the specific facts, injuries, insurance available, and applicable law.

How Kavanagh Injury Law Handles Your Case

These cases reward speed — locking down witnesses and footage early, and chasing down every source of recovery.

Every source of recovery

We pursue the at-fault driver and, when they are uninsured or fled, your own UM/UIM coverage — so a hit-and-run does not leave you with nothing.

Evidence locked down fast

We move quickly to secure witness statements and traffic, doorbell, or business camera footage before it is overwritten.

Flat 20% — always

Our contingency fee is 20% whether your case settles pre-suit, goes through trial, or reaches appeal. It never escalates to 33% or 40% like most Indiana firms. You pay nothing unless we recover for you.

Out-of-state crashes

If your crash happened outside Indiana, we place your case with a vetted co-counsel attorney in that state. You still pay only 20%. Matt personally reviews every inquiry.

Frequently Asked Questions

How long do I have to file a pedestrian or bicycle accident claim in Indiana? +

Generally two years from the date of the crash — but if a government entity may be responsible (a dangerous crosswalk or signal), the notice deadline can be as short as 180 days. Act quickly.

The driver had no insurance or fled — can I still recover? +

Often yes. Your own (or a household member's) auto policy's uninsured/underinsured motorist coverage may apply even though you were walking or biking. Many people do not realize they have this option.

The driver says I stepped out in front of them — do I still have a case? +

Possibly. You can recover if you are less than 51% at fault, with your award reduced by your share. Witnesses, camera footage, and scene evidence are how the "they came out of nowhere" defense gets challenged.

I was hit on my bike — am I treated differently than a pedestrian? +

Cyclists generally have the rights and duties of other road users in Indiana. The analysis is similar to a pedestrian case, and the representation and flat 20% fee are the same.

How much does it cost to hire you? +

Nothing upfront. We work on contingency at a flat 20% of any recovery. If we do not win, you owe no attorney fee.

Hit While Walking or Biking?

Get a free case review. No obligation. No upfront cost. The sooner you call, the more of the evidence — and the deadlines — we can protect.

Download the KIL app to capture the scene, plate, and GPS with timestamped photos — free, no account required.