Even when cyclists ride in a bike lane and follow traffic laws, they can still encounter hazards when sharing the road with cars and other vehicles. Drivers are human and can be careless or fail to notice cyclists traveling in their vicinity. The National Highway Traffic Safety Administration survey estimates about 30% of bicycle injury victims reported the cause as being struck by a car. However, not all bike accidents are due to motorist negligence—some result from riding surfaces in disrepair or faulty bicycle parts or engineering.
If you sustained injuries and property damage in a bicycle accident that was not your fault, our Noblesville bicycle accident lawyers at Sevenish Law Firm, P.C., could help. We can help you obtain fair compensation for your financial, emotional, and personal losses after a cycling accident in Indiana.
Determining Fault for a Noblesville Bicycle Accident
After an accident, most personal injury claims that bicyclists make against motorists are based on negligence. To prove a driver was negligent, the bicyclist must demonstrate the following elements:
Duty of Care: All motorists are legally obligated to use reasonable care to avoid harming others, including cyclists, on the road.
Breach of Duty: The driver breached or failed in their duty by not using reasonable care and causing an accident. A breach of duty is often evidenced by traffic law violations such as speeding, failing to yield, drinking and driving, or other breaches.
Causation: The driver’s breach or traffic violation directly or proximately caused the cyclist’s accident and injuries. Moreover, the injuries were not caused by poor road or weather conditions.
Losses: The cyclist’s injuries or property damage resulted in quantifiable losses, such as medical bills or bicycle replacement.
For a free legal consultation with a bicycle accidents lawyer serving Noblesville, call 317-636-7777
Other Responsible Parties in Cyclist Accidents in Indiana
As noted, motorists do not cause all bicycle accidents in Indiana. Other liable parties can include the following:
Other Cyclists: Like motorists, cyclists owe others on the road a duty to use reasonable care. A cyclist who breaches this duty and injures another cyclist may be liable for their injuries.
Pedestrians: Pedestrians also owe others a duty of care to exercise reasonable caution when using walkways and the road.
Local governments: If a bicyclist is injured due to a hazardous condition on a public road, the city government can be liable for an accident.
Manufacturers: If a bike accident is caused by a defective product, the maker of the bicycle or a part may be held liable for damages.
Although these are common liable parties, the list is not exhaustive. Another party that is not listed may be liable, and occasionally, multiple parties may be responsible for your bike accident injuries. A personal injury lawyer with knowledge about bicycle accident claims may be able to provide more information about a liable party when you speak to them.
Noblesville Bicycle Accident Lawyer Near Me 317-636-7777
What Damages Can I Recover for a Noblesville Bicycle Accident?
If a motorist’s negligence caused your bicycle crash, a Noblesville bicycle accident lawyer could help you file a claim against the at-fault party. Your lawyer can file on your behalf for the following damages:
- Property damage, including the cost to repair or replace your bicycle
- Injury-related medical bills, including emergency care, hospitalization, surgery, physical therapy, doctor’s visits, and prescription medication
- Loss of wages and diminished earning capacity
- Physical pain and suffering during recovery
- Emotional anguish
- Loss of consortium or companionship
- Long-term or permanent disability
- Scarring and disfigurement
- Loss of enjoyment of and quality of life
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Does Auto or Health Insurance Cover My Noblesville Bicycle Accident?
Under Indiana’s at-fault system, you must file your claim with the liable party’s auto insurance if you were injured in a bicycle accident caused by a driver. However, this system may be problematic if the motorist is uninsured or cannot be identified due to a hit-and-run. If this is the case and you have personal auto insurance, your policy may include uninsured motorist coverage to pay for your bodily injury expenses and property damage.
If you sustained injuries that require medical attention, your health insurance would likely pay for some treatment costs. However, if you are uninsured or cannot afford to pay for out-of-pocket medical bills, you can pursue compensation by initiating a personal injury lawsuit against any identifiable at-fault party.
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Why You Should Hire a Noblesville Bicycle Accident Lawyer
Legal issues surrounding accidents that occur between cyclists and motorists can be complicated. A bicycle accident injury attorney will provide the guidance you need to proceed with your claim, investigate your accident, collect evidence, and represent you in a lawsuit. More specifically, a bicycle accident attorney can also help you by doing the following:
Communicating With Insurance Companies
It is best to avoid talking to an insurance representative until you have consulted with a legal professional. When you speak with a personal injury attorney, you will not have to worry about saying the wrong thing or giving an insurance rep a reason to deny your claim. Instead, you can direct all communications through your attorney. For example, they can send the agency a demand letter on your behalf explaining why they owe you compensation and asking for a specific amount.
Prioritizing Your Recovery and Future Care
An attorney can help you get reimbursed for all your medical treatment costs so you can go on to recover with peace of mind. It is important to remember that accident-related injuries don’t always present immediately. This means that you may need legal help to secure compensation for future healthcare.
Providing Professional Advice for Your Bicycle Injury Case
Personal injury attorneys must be intimately familiar with the intricacies of civil law and filing lawsuits and the rules and deadlines to be followed. They also must be able to identify technicalities and errors on the part of other parties to ensure you receive the maximum compensation to which you are entitled.
A personal injury lawyer will also understand how to develop a legal strategy most likely to be successful and meet your needs. For example, bicycle accident cases typically hinge on proving negligence and fault, which is needed to file a claim that accurately represents the damages you are owed.
Consult With a Noblesville Bicycle Accident Lawyer Today
At Sevenish Law Firm, P.C., our Noblesville bicycle accident attorneys are dedicated to securing the compensation you are entitled to for your injuries and losses. We encourage you to contact us as soon as possible to schedule a free, confidential consultation.
We can explain your legal rights and options. Then, we will aggressively advocate for your best interests throughout the bicycle accident claims process.