If you were struck by a car while cycling in Lafayette, you could be entitled to recover compensation from the negligent driver. If successful, your injury claim could cover the cost of your medical bills and compensate you for your pain and suffering, among other things.
A Lafayette bicycle accident lawyer from our firm could help you take legal action. If you call Sevenish Law Firm, P.C. now, you will get a free consultation.
How Our Lawyers Can Help You Pursue Justice
The thought of filing a case while you’re dealing with your injuries might seem insurmountable—this is where we come in. We go to work on your case while you rest up. Should you hire us, we will:
- Collect evidence
- Interview eyewitnesses
- Get expert witnesses’ input
- Stay in touch with your doctors to track your recovery
- Manage communication with the other party’s legal team and insurance company
- Adhere to state deadlines
- Negotiate a settlement
- Represent you at trial, if necessary
- Regularly update you on any changes in your case
If you have any reservations about your case at any point during the legal process, reach out to your lawyer. After all, we are working for you.
The Compensation in a Typical Bicycle Accident Case
While collisions between bicycles and motor vehicles are not that common, they frequently result in injuries that are substantially worse than most car accidents. The financial losses related to these accidents are also significant. According to the Centers for Disease Control and Prevention (CDC), bicycle accidents resulted in more than $10 billion in medical costs and productivity losses in 2010.
Still, no two bicycle accidents are identical, meaning it is impossible to accurately identify the exact amount your case might be worth. However, our firm can carefully assess every aspect of your claim to give you an idea of the damages you might be entitled to recover. Some examples include:
Severe injuries frequently come with steep medical bills. If you are successful in your personal injury claim, you could recover the cost of this medical care from the at-fault driver. These costs include more than your emergency room visit or ambulance ride. You could also be entitled to the costs of physical therapy, surgery, follow-up visits to your doctor, or even chiropractic care.
Bicycles rarely survive a collision with a motor vehicle. When they do, the cost of repairs can be exorbitant. By pursuing a civil lawsuit, you could recover compensation for either repairing your bike or replacing it entirely.
Pain and Suffering
Severe physical pain is common with serious bicycle accidents. While no amount of money can undo this pain, you could be entitled to a monetary award to compensate you for your suffering.
You can also pursue damages for any work you miss due to your injury. This includes not only your lost wages in the time between your accident and your lawsuit but also any future lost earnings as well.
Your Lafayette bicycle accident lawyer can review your medical records and other documentation to determine what they believe your claim to be worth. This evaluation could help you prepare for what to expect during settlement negotiations or even at trial.
Determining Liability in a Bicycle Accident
In some cases, it is immediately apparent that the motorist involved in a bicycle accident was at fault. Drivers that collide with cyclists after running a red light or crossing over into the bicycle lane typically bear full responsibility for these accidents.
However, determining liability in a bicycle accident is not always so simple. In some situations, the cyclist could hold some of the responsibility for causing the accident. The good news is that a degree of liability will not completely bar a cyclist from pursuing a case against the other driver. The bad news is the law could prevent bicycle riders from recovering damages if they are primarily responsible for the crash.
Indiana Follows the Comparative Negligence Law
In Lafayette, a legal theory known as modified comparative negligence applies in these situations, per IC §34-51-2-5. While a cyclist is not automatically barred from pursuing a claim for compensation if they are partially at fault for the accident, they may not recover damages if the court determines they are 51 percent or more at fault.
A cyclist who is less than 51 percent responsible for causing the accident could still recover damages, but that does not mean they are entitled to their full losses. The court will first determine the amount of damages the cyclist suffered, then reduce their compensation proportionately to their level of fault.
For example, a cyclist that suffers $100,000 in damages but was found to be 20 percent at fault for the accident would only be awarded $80,000 in compensation. Our attorneys can work to establish that the other side is at fault for an accident but also be prepared to make the case that you played little to no role in causing a bicycle crash.
Regardless of the circumstances surrounding your accident, you should never have to take on the legal challenges that can follow. In many cases, dealing with insurance companies can make you feel like you have done something wrong even when their driver was at fault for your accident.
Let Our Law Firm Help You Recover Compensation Following a Bicycle Accident
Our attorneys can help you fight back against the insurance companies and maximize your chances of a fair financial settlement.
At the Sevenish Law Firm, P.C., the initial consultation is always free. To see how a Lafayette bicycle accident lawyer from our firm can help you, call (317) 636-7777 right away.