You may be entitled to receive compensation if you or a loved one was injured in a bicycle accident, whether that involved:
- Being hit by a vehicle, such as a car, truck, or motorcycle
- Falling into an open pothole on the road
- Getting into an accident because of poor road construction
Not sure if you qualify for compensation in your case? Call Sevenish Law Firm, P.C. for a free case review by dialing (317) 636-7777. One of our team members can review the specifics of your bicycle accident and assess whether another party can be held liable for your damages.
If you live in Westfield, Indiana, we can also assign a Westfield bicycle accident lawyer to work on your case right away and help you pursue compensation. Call today to get started.
You May Receive Compensation for Your Bicycle Accident Injuries
If you or a loved one was injured while riding a bicycle on the road, you might be entitled to collect damages beyond your physical injuries. Under personal injury law, accident victims may claim compensation for their economic and non-economic losses, which may include pain and suffering.
Our team can help you calculate the value of your losses, starting with your economic losses. These damages already have a financial value, so we may request different forms of financial documents to prove their worth. Some examples of economic damages include:
- Medical treatment costs
- Repair costs for your bicycle (or the cash value of your bicycle if it was completely destroyed)
- Loss of income, if your accident injuries affected your ability to work
- Reduced earning capacity, if your injuries continue to affect your working abilities in the future
- Out-of-pocket costs, such as prescription medications
Once we get an estimate of your financial damages, we will then begin considering your non-economic damages, which are damages to your physical and emotional well-being. These damages reflect how the accident affected you personally, both short-term and long-term. They may include:
- Your pain and suffering and inconvenience
- Loss of enjoyment in activities, such as cycling
- Reduced quality of life or independence
- Permanent disability
For a free legal consultation with a bicycle accidents lawyer serving Westfield, call 317-636-7777
The Sevenish Law Firm, P.C. Lawyers Can Help You Build Your Case
If you are a bicyclist who got hit by a vehicle, it might seem straightforward to argue your case, but the opposing side may make arguments that you may not anticipate. If your case involves poor road construction, for example, you may have to pursue a government entity.
Rather than risk unexpected obstacles, you can hire a lawyer from Sevenish Law Firm, P.C. to handle your case for you. We handle personal injury cases regularly because we want to help people like you have a fighting chance when demanding compensation.
Our law firm can fulfill multiple legal duties on your behalf to help build your case, such as:
- We can review your case and identify who might be liable for your damages.
- We can investigate what led to the accident and see if other information or evidence might be retrievable.
- We can make statements or handle communications on your behalf if the insurance company or other legal representatives reach out to you.
- We can prepare the necessary paperwork and submit it by the legal deadlines.
- We can represent you when negotiating a settlement or at trial if your case goes to court.
- We can provide legal guidance on decisions you need to make throughout your case journey, including whether a settlement offer is fair to you.
A representative of our firm can describe in more detail how a Westfield bicycle accident lawyer from our team may go about representing you and what our team can do to prepare your case.
Westfield Bicycle Accident Lawyer Near Me 317-636-7777
Do Not Wait to File Your Bicycle Accident Lawsuit
According to IC §34-11-2-4, you have about two years from the date of the bicycle accident to file a lawsuit following the injuries you suffered. This is a general legal deadline set by Indiana’s statute of limitations; however, other factors may toll or shorten the time frame you have to file your case.
For example, if you are pursuing compensation from a government entity because poor road construction led to the bicycle accident, IC §34-13-3 describes immunities that government entities hold and notes that suing individual parties have shorter deadlines (up to 180 days).
Our legal team can review which legal statutes are relevant to your case and determine what the deadline for your case is. We can also alert you when you need to consider filing a lawsuit if it is approaching soon.
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Drivers Must Respect Bicyclists on the Roadway
IC §9-21-11-2 grants equal rights to bicyclists as vehicle drivers on the road, with some exceptions. However, one key right that bicyclists have is the right to use the road without being harassed by vehicle drivers. Harassment can be defined as:
- A vehicle wrongfully entered the bicycle lane
- Driving too closely to the bicyclist
- Employing a vehicle’s horn to intimidate the bicyclist
- Purposefully driving the bicyclist off the road
Alternatively, drivers may also be held at fault if they do not look properly before making a left or right turn. If they hit a bicyclist while making a turn, changing lanes, or parking, they may be held liable for neglecting to look in their blind spots or pay attention to other road users.
Our team can investigate whether the vehicle driver’s negligence caused the accident and see if we can find evidence to prove your claims. Evidence might include statements from other witnesses who saw the accident, video footage from surveillance or traffic cameras nearby, or photos of the accident. If necessary, we may consult an accident reconstruction analyst to provide insight into your case.
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Westfield Bicycle Accident FAQs
The bicycle accident claims process in Westfield is often complex. You may have many unanswered questions regarding how to recover fair compensation in your bicycle accident claim, who is responsible, what to do next, and how to make the liable party pay.
In the hopes of helping you feel more confident in your decision to seek justice for your damages, we have answered some of the most frequently asked questions regarding bicycle accident claims in Westfield below. If you find that you have additional questions we did not cover on this page, reach out to our office as soon as possible to discuss your concerns further.
What Will Happen If I’m Partially at Fault for My Injuries?
You might be surprised at how many bicycle accident victims like you share fault for their injuries. A bicyclist may fail to wear a helmet or other necessary safety care, follow traffic laws, or operate their bicycle in a bike lane.
However, fortunately, Indiana follows a modified comparative negligence system. Here, sharing fault for your injuries will not prohibit you from recovering compensation for your damages unless your portion of fault exceeds 50%. At that point, your case will bar from the Westfield civil court system.
If you were not wearing your bicycle helmet when you were struck by a distracted driver, you may be found 5% responsible for causing your injuries. If the jury awarded you $100,000 for your suffering, expect to recover 95%. Since sharing liability can have a significant impact on the outcome of your case, you will want to retain a powerful legal advocate who will ensure fault is assessed accurately in your case.
How Do Insurance Claims Work?
In many bicycle accident claims, you will have the opportunity to file a claim with the insurance company. The defendant should be represented by some type of insurer, and when you file a claim with their insurer, you may be entitled to specific types and amounts of damages.
However, do not expect to recover every loss through an insurance settlement alone. This is because the amount of damages you can recover and the types of losses the insurance company will compensate you for will be dependent on the contents of the policyholder’s policy.
You could find out more about what to expect from your insurance settlement and how to maximize your compensation when you connect with our bicycle accident lawyer in Westfield to discuss the details of your case.
Will I Have to Go to Court?
Although you may have the opportunity to avoid going to court, you should always prepare for the possibility that your case will need to be heard by a judge. This is, in part, because the insurance company is unlikely to settle your claim fairly.
Even if the insurance company is willing to settle your case, it may not be enough to cover your damages in full. Fortunately, with help from your attorney, you can advocate for total compensation before a judge and recover the funds you will need to move forward with your life.
Call for a Free Consultation About Your Bicycle Accident Case
Bicyclists should be treated equally on the roadway. So, when they get injured, they may be entitled to receive compensation from the party who caused them harm.
If you or a loved one was injured in a bicycle accident, call Sevenish Law Firm, P.C. at (317) 636-7777 to hire our lawyer to represent you in your case. Our legal team will work hard to build your Hamilton County case and fight for fair compensation on your behalf.