What happens to a person whom has driven into a pedestrian and killed them?

Cindy, I am sorry to hear of the loss of your mother, particularly under these avoidable circumstances.  The dangers of distracted driving are real, and our society must continue to address these dangers so that preventable incidents such as this one will not happen in the future. Indiana law concerning the duties of motorists to pedestrians in a crosswalk is very clear: If a person who drives a vehicle is involved in a collision with a pedestrian legally in a crosswalk, the collision is considered apparent evidence of the driver's failure to yield the right-of-way.   (I.C. 9-21-8-33).   Based on the facts you provided, it would appear that a negligence claim could be brought against the driver who struck your mother under the Indiana Wrongful Death Act.   In Indiana, there are three (3) categories of wrongful death decedents: (1) Adults with dependents, married adults, and/or adults with death creditors; (2) Unmarried adults with no dependents; and (3) Children. In your case, the amount of money damages that are recoverable to the loved ones affected by the loss--including yourself potentially--will depend in part on whether your mother was married and/or had any dependents at the time of her passing.   Wrongful death actions are among the most complex types of civil cases.  Indiana law requires an estate for wrongful death damages to be opened in order to appoint a personal representative to pursue the claim on behalf of the deceased's estate.   You, Cindy, may be an appropriate person to serve in this capacity to bring justice to those who were hurt most by this loss. I cannot say with any certainty whether any criminal charges will be brought against the driver.  There would need to be proof that the actions of the driver rose to the level of recklessness, as our State's criminal law does not want to punish people for inadvertence or lack of attention.  However, our civil body of law allows for certain individuals to be compensated for the loss of a loved one that occurred because of another's carelessness.   If you would like, our attorneys would be glad to answer any specific questions you may have about the process of bringing a wrongful death claim.  We represent clients in wrongful death cases on a contingency fee basis, which means that we only are entitled to legal fees if we are able to make a financial recovery for our clients.   Best wishes, Lance Ladendorf (317) 842-5800

Cindy, First, please accept my condolences regarding the loss of your mother.  It is difficult to say what the driver might face in the way of criminal charges.  That will depend on the results of the police investigation and the discretion of the prosecutor.  It certainly sounds like your mother had every right to be in the crosswalk; however, depending on the particular circumstances, there may not be any criminal charges.  Even if that turns out to be the case, that does not mean the the person who hit your mother is not responsible for her death.  Assuming this person had insurance coverage, then their insurance company should pay for the all of the damages that will stem from the wrongful death of your mother.  Those damages would include, but not be limited to: medical and funeral expenses, loss of services, loss of love and companionship.  Depending on whether your mother had any dependants, the value of her claim can vary significantly.  Pursuant to Indiana's Adult Wrongful Death Statute (AWDS), damages for the wrongful death of an adult without dependants is capped at $300,000.00.  That cap would not apply if she had children who were legally dependant on her.  I strongly encourage you to seek the advice of an attorney who practices in this area of the law.  Please contact me directly to answer any specific questions you might have relative to your mother's death and possible wrongful death claim.  I look forward to speaking with you. Chip