According to data from the National Highway Traffic Safety Administration (NHTSA), 16 bicyclists were killed in Indiana in 2019. Unfortunately, countless other riders in Richmond are injured each year in negligent bicycle accidents.
Thankfully, Indiana law allows you to recover damages if a negligent party caused your accident. Sevenish Law Firm, P.C. understands that the legal world can seem overwhelming during a time like this. If you feel uncertain about your future after a bicycle accident, a Richmond bicycle accident lawyer from our firm can fight for you and your loved ones.
We do not back down from a legal battle. In fact, our founding attorney, Randy Sevenish, has spent years fighting for equal rights on Indiana roadways. Whether you are a bicyclist, motorcyclist, pedestrian, or any other member of our community, you deserve to be kept safe. You do not have to go through this alone. Together, we can help fight to protect your right to compensation.
Recoverable Damages for Bicycle Accident Victims in Richmond
When courts award settlements in bicycle accident cases, damages are broken into two categories: compensatory damages and punitive damages.
Compensatory damages are meant to compensate you for your economic and non-economic losses, including:
- Medical costs: Covering past treatments, future care, and the need for rehabilitation
- Work-related losses: Including lost benefits, wages, and earning capacity
- Property damage: Such as electronics, jewelry, or other damaged valuables
- General mental anguish: Encompassing emotional trauma, physical pain, and loss of companionship with loved ones
- Long-term disabilities: Including the stress and financial burdens of permanent conditions
As opposed to compensatory damages, punitive damages are designated to punish the most heinous offenders. As such, a court will only award these special damages if you can definitively prove the negligent party caused your injuries in exceptional circumstances.
Wrongful Death Damages
You could receive additional damages if you lost a loved one in a negligent bicycle accident in Richmond. A wrongful death lawsuit in Indiana can be filed by the decedent’s surviving spouse, the children, a sibling, or the parents.
Wrongful death damages can include funeral and burial expenses, medical bills incurred prior to their passing, and loss of love and companionship.
For a free legal consultation with a bicycle accidents lawyer serving Richmond, call 317-636-7777
How Our Firm Assigns Monetary Values to Your Losses
At Sevenish Law Firm, P.C., we believe settlements should reflect the true value of your pain and suffering. Yet, we know that every victim faces unique challenges after an accident. Therefore, methods for calculating damages may vary based on your specific needs.
When you retain a Richmond bicycle accident lawyer at our firm, we can use several methods to assign values to your losses, including:
- Documenting your current medical expenses and calculating the cost of your long-term care
- Estimating the cost of your damaged property
- Cataloging victim impact statements to show the extent of your mental anguish
- Obtaining proof of your lost income and calculating the cost of your diminished earning capacity
- Reaching out to various industry professionals, economists, and medical professionals, who can provide insights from their area of expertise
If you have any questions about calculating damages in Richmond, our firm would love to offer you a free consultation today to help address your concerns.
Richmond Bicycle Accident Lawyer Near Me 317-636-7777
Common Acts of Negligence Acts in Richmond Bicycle Accidents
Depending on your unique case, one entity or many different entities may be responsible for your bicycle accident, including motorists, government agencies, pedestrians, and construction companies. Even so, most bicycle accidents are caused by negligent drivers. In fact, according to the NHTSA, drunk driving contributed to 20% of all fatal bicycle accidents in 2019.
Ultimately, the most common acts of negligence in bicycle accidents include:
- Failure to yield
- Speeding, following too closely, or other acts of reckless driving
- Changing lanes without signaling
- Failure to check rear-view mirrors
- Not giving bicyclists enough room on the roadway
- Driver fatigue
- Distracted driving, including texting behind the wheel
- Driving too fast for weather conditions
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How Your Richmond Bicycle Accident Lawyer Will Establish Negligence
To determine the other party’s negligence, your lawyer will examine the evidence in your case. This could include:
- The police report
- Traffic camera footage
- Security camera footage or photos
- A witness’s cell phone footage or photos
- Police radar results
- The results of a driver’s breathalyzer test or blood alcohol test
- Your medical records
Our lawyer will also interview any eyewitnesses to the accident and reconstruction experts in order to support your case.
Our bicycle accident attorney will establish negligence in your case, showing that the evidence demonstrates:
- The other party owed you a duty of care (a responsibility to act in a reasonable way to keep others safe from harm)
- The other party violated their duty of care (failed to act responsibly)
- The violation of duty caused the accident
- The accident resulted in your damages
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Understanding Indiana’s Rules on Contributory Fault
According to IC § 34-11-2-4, unless you were 50% or more responsible for your accident, you are not prevented from recovering damages. To determine who should be held liable, the court will examine every party that could have contributed to the accident, even if not named in the lawsuit.
After reviewing all the information, the court will assign a percentage to your responsibility. Even if you were only marginally responsible, your settlement may be reduced proportionately to your level of accountability.
As an example, if you are granted $20,000 in damages but were 25% liable for your accident, your total settlement will be reduced to $15,000.
Indiana’s Statute of Limitations on Personal Injury Lawsuits
The statute of limitations on your case may vary depending on who you name as a defendant. For most lawsuits, IC § 34-11-2 dictates a two-year statute of limitations which begins on the day of your accident.
However, if you wish to file a suit against a government entity in Indiana, you must notify them of your intentions within a much shorter time.
In accordance with IC § 34-13-3, the time limits for filing a lawsuit against a government entity include:
- Cities or counties: Within 180 days of your injuries
- The state of Indiana: Within 270 days of your injuries
Unfortunately, if you fail to file your case within the allotted time, you may be unable to recover damages. Your lawyer can ensure all pertinent paperwork is filed on time with the court.
Why You Should Work With a Richmond Bicycle Accident Attorney
In addition to helping you understand Indiana’s laws, establishing negligence in your case, and calculating your damages, an attorney from our firm can also negotiate with the insurance company. Our attorney can handle every aspect of your case from start to finish so you can focus on healing.
You will be getting a dedicated personal injury lawyer who knows exactly how to manage your case. Also, since our team works on a contingency fee basis, you won’t have to pay us anything until we recover compensation for you. You will never have to pay us upfront or an hourly rate. Our fee comes out of an agreed-upon percentage of the settlement or court award we obtain for you.
Bicycle Accident Lawyers Serving Victims in Richmond
Sevenish Law Firm, P.C. is dedicated to fighting injustice in our communities. Our firm proudly represents victims all over the great state of Indiana, and we would be happy to fight for your case in Richmond.
At the end of the day, a Richmond bicycle accident lawyer can help guide you through your proceedings from start to finish. If it helps, we can even handle your entire case while you focus on what truly matters in life: your recovery and your loved ones.
Contact a Sevenish Law Firm, P.C. representative to get started with your free consultation today.