After a pedestrian accident, the world can feel like a blur. One moment, you were simply crossing a street or waiting for a light to change. The next, your life was violently interrupted by a collision with a vehicle.
Seeking compensation for your medical bills and other losses is challenging enough when you’re also trying to recover from your injuries. But when the vehicle that hit you was operated by a rideshare driver, you may be left with more questions than answers: Who is responsible? How will you pay for your medical care? What happens if you can’t work?
This guide is for you. Whether it’s been a few hours, a few days, or even a couple of weeks since your pedestrian accident involving a rideshare vehicle, there are concrete things you can do now to protect yourself, your health, and your future. An experienced Indianapolis pedestrian accident lawyer can help you take the proper legal steps and ensure your rights are protected throughout the process.
Your First and Most Important Priority: Your Continued Health
Even if you received medical attention at the scene or went to an emergency room, your health journey is just beginning. The full extent of injuries from a pedestrian accident often doesn’t become clear for days or even weeks.
Seek Follow-Up Medical Care
The adrenaline that floods your system during a traumatic event can mask serious pain and injury. You might have felt shaken up but “okay” at the time, only to wake up the next morning with debilitating back pain, a severe headache, or swelling you hadn’t noticed before.
- Internal Injuries: Aches and pains that seem minor can sometimes signal serious internal injuries or bleeding.
- Soft Tissue Injuries: Whiplash, sprains, and muscle tears are common and can lead to chronic pain if not properly diagnosed and treated.
- Traumatic Brain Injuries (TBI): A concussion or a more severe TBI can have delayed symptoms. Pay close attention to persistent headaches, dizziness, confusion, memory problems, light sensitivity, or changes in your mood or sleep patterns. Never dismiss a head injury.
It is crucial to see your primary care physician or seek a specialist’s opinion as soon as possible. Following their treatment plan, whether it involves physical therapy, medication, or further diagnostic tests, is not just essential for your physical recovery, but it also creates a vital record of your injuries and their impact on your life.
Start a Health and Pain Journal
This may be one of the most powerful tools you have. Get a simple notebook and, every day, take a few minutes to write down your experiences. This isn’t for anyone else right now; it’s for you. Document:
- Your Pain: On a scale of 1 to 10, how is your pain level in different parts of your body? Is it sharp, dull, aching, or radiating? What time of day is it worst?
- Your Limitations: What could you not do today because of your injuries? Were you unable to lift your child, walk the dog, work in your garden, or even sit comfortably at your desk? Could you not sleep through the night?
- Your Emotional State: An accident is a traumatic event. It’s okay to feel scared, anxious, depressed, or angry. Note these feelings. Are you having flashbacks? Are you now afraid to cross the street?
- Your Medical Appointments: Keep a log of every doctor’s visit, physical therapy session, and phone call related to your medical care.
This journal does more than just track your recovery. It transforms your experience from an abstract concept into a detailed, human story. It captures the daily reality of your suffering—something a medical bill can never do.
Why Are Rideshare Accidents So Complicated?
A pedestrian accident is always serious, but when the vehicle involved is an Uber or Lyft, it adds layers of legal and financial complexity. You’re not just dealing with one driver and their insurance; you are potentially dealing with a multi-billion-dollar corporation and its massive insurance policies.
Understanding who is responsible for your injuries depends entirely on what the driver was doing at the exact moment of the accident. There are generally three scenarios:
- The Driver’s App Was Off: If the driver was not logged into the rideshare app and was using their car for personal reasons, their own personal auto insurance policy would be the primary source of coverage. This functions much like a standard car accident.
- The Driver’s App Was On, and They Were Waiting for a Ride Request: This is a gray area. The driver is officially “on the clock” but doesn’t have a passenger. In this case, the rideshare company’s insurance often provides a layer of liability coverage, but it’s typically lower than their primary policy. The driver’s personal insurance may deny the claim, arguing they were engaged in commercial activity. This can create an immediate conflict over who is supposed to pay.
- The Driver Was En Route to Pick Up a Passenger or Had a Passenger in the Car: This is when the rideshare company’s full commercial insurance policy is active. These policies typically have high limits (often $1 million or more) to cover injuries to others, including pedestrians.
As the injured person, you shouldn’t have to become an expert on insurance law. But it’s important to understand that these different scenarios exist. The rideshare company and the driver’s personal insurance company may try to point fingers at each other, leaving you caught in the middle. Knowing this prepares you for the challenges ahead and underscores why navigating this process requires careful guidance.
Gathering Important Evidence After a Pedestrian-Rideshare Accident
You may be worried that you didn’t do enough at the scene. Perhaps you were in too much pain to take photos or were taken away in an ambulance before you could get witness information. That is okay. While information gathered at the scene is helpful, there is still so much you can do now to build a strong foundation for your claim.
Obtain the Official Police Report
If the police responded to the scene, they created an accident report. This document is a critical piece of evidence. It will typically contain the driver’s name and contact information, their insurance details, the rideshare company they were driving for, a diagram of the accident, statements from those involved, and the officer’s initial assessment of what happened. You can usually obtain a copy from the police department that responded to the call for a small fee.
Revisit the Scene (If You Can Do So Safely)
The area where the accident occurred may hold clues you missed in the heat of the moment. Go back with a friend or family member during the same time of day the accident happened. Look for:
- Security Cameras: Are there businesses nearby with cameras pointed at the street? What about traffic cameras on poles or residential doorbell cameras? Make a note of the locations. Evidence from these cameras can be invaluable, but it is often erased after a short period, so acting quickly is important.
- Visibility Issues: Was there a hidden stop sign, a poorly lit crosswalk, or an overgrown bush that obstructed the view? Take photos of the scene from various angles.
Create Your “Case File”
Get a folder or a box and make it the dedicated place for every single piece of paper related to your accident. This is your personal evidence locker. It should include:
- Medical Records & Bills: Every emergency room bill, doctor’s invoice, prescription receipt, and physical therapy statement.
- Proof of Lost Income: Collect pay stubs from before the accident and any documentation from your employer showing the time you’ve missed from work. If you are self-employed, gather invoices, contracts, or bank statements that show your loss of earning capacity.
- Out-of-Pocket Expenses: Did you have to pay for parking at the hospital? Did you need to take taxis because you couldn’t drive or walk? Did you buy a knee brace or crutches? Keep every single receipt. No expense is too small.
- Your Journal: Keep your health and pain journal in this file as well.
Organizing this information now will relieve immense pressure later and ensure that no detail of your financial loss is overlooked.
The Insurance Company Is Not Your Friend
At some point, you will likely receive a phone call from an insurance adjuster. They may sound friendly, concerned, and helpful. It is their job to sound this way. But you must understand their true objective: to pay you as little as possible or, ideally, nothing at all.
Insurance companies are for-profit businesses. The adjuster you speak with is trained to protect their company’s bottom line. They see your situation not as a human tragedy, but as a claim number on a spreadsheet—a liability to be minimized. They will use your words against you and look for any reason to devalue your experience.
Here is what you must know before you speak with any adjuster:
- DO NOT Give a Recorded Statement.
The adjuster will likely ask to record your conversation to “get your side of the story.” You are under no obligation to agree to this. A recorded statement can only hurt you. In a moment of stress, you might unintentionally say something inaccurate or downplay your injuries (“I’m feeling a little better today”). They will use these statements to argue that your injuries aren’t that severe. Politely decline and state that you are not prepared to give a formal statement at this time.
- DO NOT Sign Anything.
The insurance company may send you a stack of forms, including a broad medical authorization. This form gives them access to your entire medical history, not just records related to the accident. They will comb through your past looking for any pre-existing condition they can use to argue that your current pain isn’t their driver’s fault. They may also send you a check with a settlement release. Never sign a settlement release or cash a check without legal advice. Once you accept their offer, your case is closed forever, even if you later discover your injuries are much worse than you thought.
- DO NOT Minimize Your Injuries.
It’s natural to want to be positive and say, “I’m doing okay,” but this can be misinterpreted as you being fully recovered. It is better to be honest and direct. A simple, truthful response is best: “I am still under a doctor’s care and am focusing on my recovery.”
- DO Provide Only Basic Information.
You can confirm your name, address, and the date of the accident. When they ask for more details, it is perfectly acceptable to say, “I am not able to discuss the details of the accident or my injuries right now.” Get the adjuster’s name, phone number, and the claim number for your records, and end the conversation.
Protecting yourself from an insurance adjuster is one of the most important steps you can take. They are counting on you being overwhelmed and uninformed. By being cautious, you are keeping your power.
Compensation Available to Accident Victims
Insurance companies want you to believe your claim is only about your current medical bills and the paychecks you’ve missed. They try to reduce your life-altering trauma to a simple calculation. But justice is about much more than that. It’s about acknowledging the totality of your losses and fighting for compensation that truly reflects what was taken from you.
Types of compensation in a personal injury claim may include:
- All Medical Expenses: This includes not just the bills you’ve already received, but the estimated cost of all future medical care you will need. This could mean future surgeries, years of physical therapy, pain management, or assistive devices.
- Lost Income and Earning Capacity: This covers the income you have already lost and, critically, any loss to your ability to earn a living in the future. If your injury prevents you from returning to your old job or limits your career potential, that is a devastating loss that must be accounted for.
- Rehabilitation Costs and Other Expenses: This can include vocational retraining, modifications to your home or vehicle, and in-home nursing care.
- Pain and Suffering: For the physical pain you have endured and will continue to endure.
- Emotional Distress and Mental Anguish: For the fear, anxiety, depression, and trauma you have experienced.
- Disfigurement and Scarring: For the permanent physical reminders of the trauma you survived.
An insurance company will almost never voluntarily offer you fair compensation for non-economic damages. They fight to ignore this part of your claim because it’s where the true, human cost of the accident lies. Securing full justice means ensuring that these intangible, but very real, losses are fully recognized and valued.
Yosha Law: Your Trusted Personal Injury Attorney
If you have been injured in a pedestrian accident involving an Uber or Lyft, don’t let an insurance company devalue your life. Contact the Indianapolis personal injury lawyers at Yosha Law today for a free, confidential consultation. We will provide you with:
- Upfront and honest advice on the merits of your case.
- Clear guidance on how to navigate the complex insurance landscape.
- A complete breakdown of your options for seeking the full and fair compensation you need to heal and move forward.
You have been through enough. Let us take on the fight for you. Contact Yosha Law today at (317) 334-9200 or through our online form and let us show you what it means to have a true advocate by your side.
