What happened
A driver was arrested on a preliminary OWI charge after a pedestrian was critically injured on the northeast side of Indianapolis on Saturday, October 10, 2026. WIBC reported[1], citing the Indianapolis Metropolitan Police Department, that the crash happened at about 7:39 p.m. WIBC described the location as East 38th Street and North Tacoma Avenue. Earlier reports from WRTV[2] and WISH-TV[3] placed it at E. 38th Street North Drive and N. Tacoma Avenue.
According to WIBC, a westbound car struck the man as he was crossing outside a designated crosswalk. Police first responded to a report of a hit-and-run and then found the driver nearby. The earlier WRTV and WISH-TV reports said the driver had stopped about a block away, near Keystone Avenue.
WIBC reported that Charles Adrian McCloud, 63, was booked into the Marion County Adult Detention Center on a preliminary charge of operating while intoxicated causing catastrophic injury, a Level 4 felony. A preliminary charge is not a conviction, and he is presumed innocent unless proven guilty in court. WIBC is the only outlet whose report on the arrest was reviewed for this post.
The pedestrian, an adult man who has not been named, remained in critical condition, according to WIBC. IMPD Lt. Gregory Scott pointed to limited lighting and dark clothing as visibility issues and said the area sees significant pedestrian traffic at night. The investigation is ongoing.
What accident victims should do next
When a pedestrian is critically hurt, family members often have to manage the early practical steps. Keep the IMPD case information and follow the criminal case through the Marion County court system. A criminal prosecution and a civil injury claim are separate, and civil deadlines continue to run while charges are pending.
Keep hospital records, bills, insurance letters, and notes about missed work together. The investigating agency's crash report can usually be obtained after the investigation, but a police report does not determine civil liability. This guide explains how to obtain an Indiana crash report.
Review every potentially applicable insurance policy, including uninsured or underinsured motorist coverage on the injured person's auto policy or a household policy. Policy language matters. You should also be careful about giving a recorded statement to the driver's insurer before you understand your options. This guide discusses recorded statements and medical releases.
Why location matters in an Indiana injury claim
This crash happened in Indianapolis, in Marion County, and IMPD is investigating. A civil case would ordinarily be filed in Marion County or where a defendant lives.
Indiana uses modified comparative fault under Indiana Code 34-51-2-6[4]. An injured person whose own fault is greater than 50 percent recovers nothing. Otherwise, the recovery is reduced by that person's percentage of fault. Because police described the pedestrian as crossing outside a designated crosswalk in an area with limited lighting, the division of fault would likely be hotly contested and would depend on the full evidence. An arrest or crash report does not decide civil fault. You can read more about Indiana's 51 percent fault rule.
Indiana's dram shop law, Indiana Code 7.1-5-10-15.5, can sometimes apply when a person or business furnished alcohol with actual knowledge that the person served was visibly intoxicated, and the intoxication was a proximate cause of the injury. No source reviewed for this post reported where the driver had been drinking, if anywhere.
Most Indiana personal injury claims must be filed within two years under Indiana Code 34-11-2-4[5]. Indiana's minimum auto liability limits under Indiana Code 9-25-4-5[6] are $25,000 per person and $50,000 per accident for bodily injury, plus $25,000 for property damage. Indiana insurers must offer uninsured and underinsured motorist coverage under Indiana Code 27-7-5-2[7], so that coverage can matter after a critical injury.
How Delventhal Law Office can help
Delventhal Law Office, LLC is a Fort Wayne personal injury law firm founded by attorney Chad E. Delventhal in 2009. The firm helps people across Indiana who are hurt because of carelessness on the road, including pedestrians struck by suspected impaired drivers. Insurance companies may aggressively defend these claims, especially when they dispute visibility or argue that the pedestrian shared fault.
Chad Delventhal can explain how a criminal OWI case relates to a civil injury claim, review available insurance coverage, and identify the deadlines that apply. If you want to discuss your circumstances, you can consult a Fort Wayne pedestrian accident attorney or request a free case evaluation. No outcome can be promised in any case.
This post is based on public reporting, the investigation may be ongoing, and nothing here is legal advice or creates an attorney-client relationship.
