Whether commuting to work or making a day trip to Paynetown State Recreation Area, bicycles are an excellent way to get around. They provide cardio exercise and allow you to spend some time outside. These benefits are not without risk, though. Bicyclists have less protection than other motorists on the road. Therefore, in an accident, they can face more severe injuries.
In Indiana, bicycle accident victims have the right to pursue an insurance claim or lawsuit. Either approach can yield a settlement that covers your medical expenses and other damages. At Sevenish Law Firm, P.C., personal injury law is all we do. Our firm’s Bloomington bicycle accident lawyer can review your case for free.
Compensation in a Bicycle Accident Case
Bicycle accident victims can qualify for a range of damages, including:
- Medical expenses
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Mental trauma
This is not a complete list of the damages you could recover. Your bike accident lawyer can advise you on which damages apply to your case. Our priority is your recovery.
Wrongful Death Damages
Unfortunately, some bicycle accidents end in a fatality. If you are pursuing a case on behalf of a lost loved one, we are truly sorry. We understand that you are going through a difficult time and can treat your case with compassion and kindness. These unique damages could be available to you:
- Funeral and burial expenses
- Loss of companionship
- Reduced familial earning capacity
- Hospitalization expenses
Keep in mind that only certain parties can pursue wrongful death cases. Typically, these cases are restricted to close family members, like parents or children. However, in some cases, the personal representative of the decedent’s (person who has passed) estate may pursue compensation. We can advise you on your wrongful death case eligibility.
For a free legal consultation with a bicycle accidents lawyer serving Bloomington, call 317-636-7777
We Can Gather Evidence and Document Your Bicycle Accident
We will document your accident and injuries and review the following types of evidence:
- Traffic camera footage
- Eyewitness statements
- Expert input
- Your medical records
This information can be used to your build your case. By documenting your injuries and reviewing your accident’s facts, we can demonstrate that another party harmed you.
Liability is key in bicycle accident cases. To receive a settlement beyond your insurance coverage, you need to determine who caused your accident. In a bicycle accident claim, a liable party could be:
- Another driver
- A municipality
- A vehicle manufacturer
Sometimes, liability is straightforward. For example, if traffic camera footage shows that a driver ran a stoplight and hit you, the evidence will clearly show who caused your injuries.
However, it is not always easy to determine who injured you in a bike accident. Nevertheless, we can use the available evidence to establish the four elements of negligence:
- The liable party owed you a duty of care: Municipalities, drivers, and vehicle manufacturers all owe others a duty of care. This duty means they have a legal obligation not to harm another party. This element of negligence is usually a given.
- The liable party breached this duty: In bicycle accident cases, a breach of duty entails negligent behavior. For example, a driver running a stop light would be considered a breach of duty.
- This breach caused your accident: However, an isolated breach of duty is not enough to establish liability. You or your lawyer must show that the breach of duty caused your accident.
- Damages: Finally, to receive compensation, you must have proof of your damages. Our legal team can review your medical invoices and other expenses to establish this element of negligence.
Bloomington Bicycle Accident Lawyer Near Me 317-636-7777
Insurance Claims After a Bicycle Accident
Insurance claims are the most used tool after bike accidents. If the driver that caused your accident has liability insurance, you can contact their insurer to pursue a claim. In cases involving uninsured drivers, you may need to turn to your insurance policies. A lawsuit could be used to pursue a settlement if these policies are insufficient.
To assist you with the claims process, we can:
- Review applicable insurance policies
- Contact and deal with insurers
- Advise you on interacting with insurers
- Submit a settlement demand package to insurers
- Negotiate the terms of a settlement
- Discuss settlement offers with you
These services allow you to take a hands-off approach to your claim. We know that you probably already have your hands full. Recovering from your injuries while tangling with insurers can be tricky. We can deal with insurers, so you do not have to. Instead, you focus on healing; we will ensure your case stays on track.
What if I Need to File a Lawsuit?
Your case may necessitate a bicycle accident lawsuit. Remember, though, lawsuits are not common after bicycle accidents. Usually, insurance claims can create a desirable outcome.
We are prepared to represent you in the courtroom if a lawsuit is necessary. We will get you ready to take the stand. Keep in mind that many cases are settled before trial via out-of-court settlements. Filing a lawsuit does not always mean you must attend a civil trial.
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Are Bicycle Accident Lawyers Expensive?
Many personal injury law firms, ours included, work on a contingency-fee basis. This means that:
- We will not charge you anything upfront
- We will review your case for free
- Our payment will come as a percentage of your final settlement offer
This approach allows us to represent clients, regardless of their financial standing. We believe money worries should not prevent you from seeking a bicycle accident attorney.
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Indiana Law Limits Your Time to File a Bicycle Accident Lawsuit
Bicycle accident lawsuits have a deadline, called a statute of limitations. In Indiana, this deadline is two years, per IC § 34-11-2-4. It may be longer or shorter, depending on the facts of your case. This deadline does not apply to insurance claims.
However, you should pay attention to this deadline, even if you are not planning to file a lawsuit. Preparation is key in bicycle accident cases. You do not want to decide to file a lawsuit only to realize that you missed the deadline.
Getting started on your case early has other benefits, too, like:
- Providing you or your lawyer more time to collect evidence
- Ensuring that witnesses can recall what they saw
- Indicating to the liable party you are serious about pursuing a settlement
Discuss Your Claim with a Bloomington Bicycle Accident Attorney Today
We are ready to receive your call. Our Bloomington bicycle accident lawyers aim to fight for the best settlement award possible for clients. Contact Sevenish Law Firm, P.C. for a free case evaluation today.