Bicyclists are owed the same respect as other vehicles on the road. Sadly, when that doesn’t happen, the consequence is often injury and financial distress for cyclists due to an accident. If this happened to you, you may be able to seek compensation through a personal injury claim or lawsuit, and a Center Township bicycle accident lawyer can help. Even though the driver did not respect you, the law respects your right to pursue compensation.
At Sevenish Law Firm, P.C., personal injury is all we do. With such a centralized focus, we can help file your claim or lawsuit, conduct interviews of witnesses and experts, and communicate with the other side on your behalf. To demonstrate our commitment to your case, we offer a free consultation and do not receive payment until you do. Call now at (317) 636-7777.
The State of Bike Safety in Indiana
The good news is that less than one percent of Indiana traffic collisions in 2018 involved non-motorists such as bicyclists. The bad news is that accidents involving non-motorists are disproportionately fatal compared to other traffic accidents, accounting for 16 percent of Indiana’s total fatal accidents, according to the Indiana University Public Policy Institute (IUPUI). Even though bicycle accidents are less common, they injure and incapacitate frequently.
When struck by a vehicle, bicyclists can sustain injuries, including:
- Road burn
- Cuts and scrapes
- Soft tissue injuries
- Broken bones
- Dental injuries
- Traumatic brain injuries
- Spinal cord injuries
Such injuries can take a huge toll on the human body, not to mention the psyche and the wallet. Considering the stats, cyclists are consistently at a disadvantage compared to other vehicles on the road. When they are not treated with proper respect and care, the consequences are clearly damaging.
Indiana law recognizes this disadvantage and has laws in place to better protect bicyclists, both in preventing accidents and in restoring justice after an accident occurs.
Two of the most crucial aspects to keep in mind when filing a personal injury claim or lawsuit are negligence and statutes of limitations. Negligence is the grounds for the suit, and negligence can include any careless or reckless action undertaken by another party. Evidence, testimony, records, and analysis can be used to prove that the other party caused your injuries through their wrongful actions. The statute of limitations is the time you have to file your lawsuit.
In Indiana, the statute of limitations for filing a personal injury lawsuit is two years from the date of the accident, according to Indiana Code 2019 §34-11-2-4. If your loved one was the victim of a fatal cycling accident, the statute of limitations is also two years for a wrongful death claim starting from the date of the death, according to Indiana Code 2019 §34-23-1-1. A Center Township bicycle accident lawyer can explain more about your specific deadline to file.
For a free legal consultation with a bicycle accidents lawyer serving Center Township, call 317-636-7777
When Motorists Are at Fault
Just like any motor vehicle accident, bicycle accidents can be caused by reckless or careless driving behavior. Some common causes are:
- Drunk driving
- Distracted driving
- Failing to yield
- Running lights
- Improper turns
Drivers who receive citations or criminal charges for drunk driving, speeding, or other traffic violations clearly demonstrated negligence. Other causes, such as distracted driving or improper turns, might necessitate additional evidence to demonstrate negligence. Nonetheless, a driver does not need to have been fined, ticketed, or convicted of anything to be found negligent in a civil case, so do not be discouraged.
There’s a reason driving under the influence of drugs or alcohol is illegal. Drivers with these substances in their systems have slower reaction times, poorer decision making, and diminished reflexes. A motor vehicle weighs several thousand pounds. Anyone in control of a machine of that size must be alert, as mistakes can be disastrous.
You already know this if you have been injured by an impaired driver. A lawyer can explain more about impaired driving accidents as well as how police reports, medical records, and local laws can help support your case. Call a team member today at (317) 636-7777.
Cyclists are obviously smaller than other vehicles and therefore harder to see. Distracted drivers who remove their attention from the road are therefore a danger to bicycle riders. Distracted driver behaviors include:
- Speaking with passengers
- Texting, messaging, or social media use
- Talking on the phone
- Shaving or putting on makeup
- Following a GPS
- Changing the music
Phone records, including message records and social media records, can all be used to help demonstrate phone distraction. Video and photo surveillance as well as eyewitness testimony can also add support to other distracted driving claims.
Other Traffic Violations
Speeding is directly linked with a greater risk of collision with a bicycle, according to the National Highway Traffic Safety Administration (NHTSA). Moreover, the more separation between bikes and motor vehicles, the better, as drifting and improper turn accidents can be worsened when there is not sufficient distance or visibility. You may be able to file a personal injury claim if you deserved respect and care on the roads and did not receive it.
Center Township Bicycle Accident Lawyer Near Me 317-636-7777
When a Property Owner or City Is at Fault
Sometimes a bicycle accident occurs when another vehicle is not involved or when there are additional contributing factors. In these scenarios, the fault may lie with the owner or maintainer of the property on which the accident occurred.
If your bike accident occurred on private property and the accident was caused by a property owner’s poor maintenance of their premises, you could file a premises liability claim or lawsuit. Likewise, if your injuries were due to problems with a city, state, or municipality’s maintenance, you may be able to file a personal injury claim against them.
Possible grounds for your claim could be:
- Uneven roadways
- Insufficient lighting
- Obscured signage or lack of signage
- Poor drainage
When filing a claim or lawsuit due to injuries on public roads or property, keep in mind that some places have laws that protect them from liability. An Indiana bicycle accident attorney can examine your case and let you know your eligibility for compensation.
Sevenish Law Firm, P.C. Will Fight for You
Obtaining justice for you is so important to Sevenish Law Firm, P.C. that we will not get paid unless you receive compensation. You have suffered enough. As a firm that only handles personal injury cases, we can offer focused attention to your case. To learn how a Center Township bicycle accident lawyer on our team can support you, call our office for a free consultation with a team member at (317) 636-7777.