Accident attorneys in Fort Wayne for walkers, cyclists, passengers and bus riders

Car Accident Lawyer Fort Wayne is a free referral service, not a law firm. What follows is general information from Indiana law and state agencies. When you want to talk with an accident attorney, the referral line on this page connects you with a participating independent attorney’s office.

Hit while walking

People on foot have nothing between them and a car. In Allen County, the Northeastern Indiana Regional Coordinating Council’s pedestrian safety appendix lists streets with recorded pedestrian crashes. From 2009 to 2020 it counted 30 pedestrian crashes on Coliseum Boulevard and 24 on Jefferson Boulevard (NIRCC safety plan). Those are two of the streets in the count, not the only ones; crashes happen at neighborhood crosswalks and in parking lots too.

After being hit as a pedestrian:

1. Call 911 or ask someone to. The driver has a legal duty to stop, help as directed and report an injury crash (Indiana Code 9-26-1-1.1), but do not rely on them to do it.
2. Get the driver’s details, or ask a bystander to: name, address, plate, insurance company and policy number.
3. Ask witnesses to stay or to give you their names and numbers.
4. Look for cameras. Shops, homes and buses near the spot may have recorded it. Note where they are.
5. Get medical care promptly, and keep every record.

If the driver drove off, tell police everything you remember about the car. Knowingly leaving the scene of an accident is an offense under Indiana law, and the report records that the crash happened.

Hit while riding a bike

Cyclists face many of the same questions as pedestrians, plus damage to the bike, the helmet and other gear. Photograph the bike before anyone fixes it, keep the damaged helmet, and keep receipts. Damage to personal property such as a bicycle has the same two-year limit under Indiana law as an injury claim (Indiana Code 34-11-2-4).

A driver may say they did not see the rider. Whether a share of fault is put on the rider matters a great deal in Indiana, as the fault section below explains.

Whose insurance pays when you were not driving?

This is the question people ask most, and the honest answer is: it depends on the crash and on the policies involved. These are the pieces that usually come up:

Policy	What it is, in general
The at-fault driver’s liability insurance	Indiana generally handles crash injury claims on a fault basis, so a claim usually starts here. The legal minimum is $25,000 for one person’s injuries.
Medical payments coverage	Pays medical bills for the policyholder and usually their passengers, up to the policy’s limits, according to the Indiana Department of Insurance.
Uninsured and underinsured motorist coverage	Lets a policyholder collect from their own insurer when the at-fault driver has no insurance or too little. Newly written Indiana auto liability policies include it unless it was rejected in writing.
Your own household’s car policy	Whether a car policy in your household applies when you were walking, cycling or riding as a passenger depends on its terms. Read it or ask an attorney.

Sources: the Indiana BMV for the 25/50/25 minimum and the Indiana Department of Insurance for the coverage types. Which policy applies, and in what order, is a question for a licensed Indiana attorney who can read the actual policies.

Hurt as a passenger

A passenger rarely caused the crash, which simplifies one question and complicates another. The fault usually lies with one of the drivers, possibly the one you were riding with. That can feel awkward when the driver is a friend or a relative.

Indiana has a guest statute that can limit claims by certain family members and hitchhikers riding for free. A licensed Indiana attorney can say whether it applies to your situation. Do not assume it does, and do not assume it does not.

Medical payments coverage on the car you rode in may help with medical bills: the Indiana Department of Insurance says it usually covers passengers, up to the policy’s limits.

Bus riders

If you were hurt on a bus, or by one, start with who operates it. A public transit bus may belong to a government unit, and that changes the rules:

• A short notice deadline. Indiana law generally requires a written notice within 180 days for a claim against a city, town or county, and 270 days for the state.
• Different fault rules. Indiana’s comparative fault chapter does not apply to tort claims against governmental entities or public employees.
• A cap. Indiana law limits the combined liability of all governmental entities and public employees for one occurrence (Indiana Code 34-13-3-4).

Charter buses and private shuttles are usually run by private companies, and a school bus may be run by a school or by a contractor. Who runs the bus decides which deadlines and rules apply, so ask the driver or check the bus for the operator’s name, and tell an attorney which bus it was.

Rideshare passengers

Riding in a rideshare car adds another party: the company behind the app, and whatever coverage applies to the trip. This site does not describe those policies because the terms are set by the companies and can change. Keep the trip receipt from the app, a screenshot of the driver’s name and car, and the time the ride started and ended. An attorney can tell you which coverage may apply.

Shared fault when you were on foot or on a bike

Indiana’s general rule is modified comparative fault. If you are found 51 percent or more at fault, you generally cannot recover. If you are 50 percent or less at fault, any amount is generally reduced by your share (Indiana Code 34-51-2). For a pedestrian or cyclist, the other side may argue that you crossed against the signal, were not in a crosswalk or were hard to see. The worked example in Indiana’s 51 percent fault rule shows how the reduction works.

Locally, the region’s planners found that among right angle crashes with incapacitating or fatal injuries in Allen County from 2018 to 2022, failure to yield the right of way was the primary factor in 44.0 percent and disregarding a signal or sign in 42.9 percent. Those figures cover all crashes, not only people on foot or on bikes, but yielding and signals often come up when fault at a crossing is argued.

Deadlines

• Indiana law generally gives two years to file a personal injury lawsuit.
• Government vehicles or employees: written notice generally within 180 days (city, town or county) or 270 days (state).
• For an injured child, Indiana law generally allows extra time. Talk with a licensed Indiana attorney about the deadline that applies.

Questions to ask an accident attorney in Fort Wayne

• Do you handle pedestrian, bicycle, passenger or bus crash matters in Allen County?
• Which insurance policies could apply to me, including any in my household?
• Does the guest statute or a government notice deadline affect my situation?
• How is your fee figured, and which costs would I owe either way?

Indiana’s professional conduct rules require any contingency fee agreement to be written and signed by the client. Ask for the percentage and the costs in plain words before you sign.

Finding an attorney

Call the free referral line on this page to reach the intake team of a participating independent attorney’s office, or browse the Fort Wayne car accident law firms directory, where several firms name pedestrian, bicycle or bus crashes among their practice areas. The directory is free and public-source; its firms are not the attorneys on the referral line.

Still sorting out the basics? Start with what to do after a Fort Wayne car accident or how to get the crash report.

Questions people ask