Known for its famous Cultural Trail, the city of Indianapolis has continued to grow and attract cyclists of all levels. While biking can be a safe and eco-friendly way of commuting, it can also be fatal if a collision occurs. Cyclists have rights similar to motorists for the most part, but there are also regulations to promote safety and reduce the risks of a bicycle accident.
If you are a cyclist who happened to experience a car-bicycle accident, we hope you are healing well and are here to help you take legal action. The legal office of Vaughan & Vaughan fiercely advocates for injury victims to receive fair compensation to cover any losses or damages sustained.
Check out how our Indianapolis, IN, bicycle accident attorneys do business to get you adequate compensation. If you are pleased and wish to schedule an appointment, our firm offers a free case evaluation at no risk to you.
The Rights of an Indiana Cyclist After a Car-Bicycle Accident
As a cyclist, you have rights that safeguard you if you are harmed by a motorist while biking. The following may apply to your case:
The state of Indiana applies the doctrine of comparative fault, meaning that more than one party may be held accountable for an accident. Your damages may be scaled back if you contributed to the accident in part. If the other party was also at fault, you could still be entitled to sue them for damages.
State law mandates that all drivers maintain liability insurance, including bodily injury and property damage protection. Therefore, if a motorist is held accountable for a car-bicycle collision, their insurance could be able to pay for your damages and losses.
Drivers are also required to have personal injury protection (PIP) insurance to cover medical costs and lost income, regardless of who was at fault for the collision. In the event of a bicycle-automobile collision, you can be entitled to financial compensation from the driver’s PIP insurance.
Right to File a Lawsuit
If you sustain injuries in a car-bicycle collision, you may be able to sue the at-fault motorist. The payout from the lawsuit may include monetary compensation for your suffering, medical costs, lost wages, and property damage.
Keep in mind that Indiana’s statute of limitations only gives you two years to file a personal injury claim. Don’t hesitate to speak with an Indianapolis personal injury attorney who can educate you on your legal rights and choices for pursuing compensation.
How to Prove a Motorist Was at Fault for Your Bike Accident
Getting medical attention right away after a car-bicycle collision is critical. Proving fault includes submitting tangible evidence such as photos, documents, or video footage of your injuries resulting from the accident. The perk of having a bicycle accident lawyer in Indianapolis, IN, is that we can gather and preserve evidence on your behalf if you were too hurt at the time.
If this is the case, you should retain legal counsel sooner rather than later. An attorney will request an official police report, medical documents, and security camera footage and speak to witnesses to obtain proof against the at-fault party. If additional proof is needed, we can hire an expert like an accident reconstructionist that will testify on your behalf.
Recoverable Damages that all Bicycle Accident Victims Should Know
Sustaining injuries in a bike accident may qualify you to receive a variety of damages. The following are some of the most typical forms of damages that could be recovered in a case involving a bicycle-car accident:
- Medical costs: You may be entitled to a settlement that recovers any medical costs associated with your injury, including hospital bills, doctor visits, and rehabilitation costs. This also includes prescription costs, in-home care, or medical devices needed post-accident.
- Lost wages: If the accident prevented you from working during that time, you might be eligible to get back the money you lost as well as money that you may miss in the future.
- Property damage: If the accident damaged your bicycle or any other property, you could get reimbursed for the cost of fixing or replacing the damaged items.
- Pain and suffering: If you endured any physical discomfort or mental anguish as a result of the accident, it is suggested that you inform your doctor or see a therapist so that you can be eligible for compensation.
- Loss of enjoyment of life: You may be entitled to additional funds if the injury caused a considerable loss of enjoyment of life, such as the inability to engage in activities you formerly loved.
- Punitive damages: This payout is rarely available but is meant to punish the at-fault party for extremely egregious actions.
The particulars of your case will determine how much money you can recover in a personal injury settlement. You can examine your case and ascertain which categories of damages you could be entitled to with the aid of a personal injury attorney.
Should You Speak to the Insurance Company?
Even if you are completely innocent, it is never advisable to talk with the other party’s insurance provider without first seeking legal advice. Insurance professionals are taught to gather data to benefit both the company’s bottom line and its customers. No matter how kind they sound on the phone, their goal is to compile information that will make it harder for them to fairly compensate.
Avoiding recorded statements or discussing your health with them is strongly advised. Instead, get a bicycle accident attorney in Indianapolis, IN, so they can deliver a prepared statement or represent you after you’ve reported your bicycle accident to the police.
Finding a Qualified Bicycle Accident Lawyer in Indianapolis, IN
Motorists and cyclists owe a duty of care to themselves and one another to drive in a way that promotes safety. If you were hit by a car while commuting on your bike, the law office of Vaughan & Vaughan is more than qualified to represent your case. Our firm has over 100 years of experience practicing personal injury law and winning settlements for victims like you.
If you are ready to experience quality legal support, contact one of our bicycle accident lawyers in Indianapolis, IN, today. We promise to handle your case with compassion, professionalism, and dedication to obtaining the largest settlement possible.