West Lafayette plays host to Purdue University and its substantial student population for most of the year. Students aren’t the only West Lafayette residents who use bicycles, though, nor are they the only demographic that deserves protection after a bicycle accident. Anyone involved in a bike accident deserves the right to take legal action in the face of unchecked negligence.
How, though, can you hold someone responsible for a bicycle accident? You can let a bicycle accident lawyer in West Lafayette investigate the crash for negligence. Vaughan & Vaughan can connect you with a West Lafayette personal injury lawyer who can prioritize your recovery. Our team can specifically advocate for your right to bicycle accident compensation privately or in court.
West Lafayette Bicyclists Can Take Steps to Protect Themselves from Dangerous Accidents
Indiana law requires bicyclists in West Lafayette and the surrounding areas to take steps to protect themselves from harm. Each bicyclist must indicate that they took reasonable steps to obey roadway laws, make themselves visible, and wear protective gear if they want to take legal action after a dangerous accident.
If you want to get ahead of the most dangerous of today’s bicycle accidents, it’s in your best interest to revisit Indiana’s rules of the road for bicyclists. It’s also a best practice to always wear a helmet, ride in good weather, and stay in bike lanes when possible. Should you ever find yourself in a bicycle accident situation, seeking guidance from an Indiana Personal Injury Lawyer can provide you with essential legal support and peace of mind.
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Holding Liable Parties for a Violated Duty of Care
You can take every possible precaution on the road, though, and still find yourself at the mercy of someone else’s negligence. Fortunately, you can hold those parties accountable for their oversights.
Every motorist, motorcyclist, pedestrian, truck driver, and related party on the road owes West Lafayette bicyclists a duty of care. That duty dictates that the aforementioned parties must take reasonable steps to protect the people around them from harm. A party who behaves recklessly or unreasonably may later be liable for an injured party’s losses.
It’s that duty of care and the violation thereof that gives you the right to demand compensation from the party that you believe caused your accident. Be prepared, however, to prove a violation of that duty of care if you take up a claim against a liable party in civil court.
Filing Your Complaint Within Indiana’s Personal Injury Statute of Limitations
If you want to hold a party liable for your bicycle accident losses, you need to do so within the statute of limitations established by Indiana Code section 34-11-2-4. This code gives you no more than two years to bring your complaint forward.
What’s more, this statute of limitations is not flexible. If you attempt to file a bicycle accident claim after your statute of limitations expires, Indiana courts can waive your right to legal action, not to mention the compensation you might otherwise deserve.
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How to Compose a Bicycle Accident Claim
How, then, can you compose a bicycle accident claim before your statute of limitations expires? When in doubt, turn to a West Lafayette, IN, bicycle accident lawyer. Our team can help you:
- Identify the party responsible for your recent bicycle accident
- Bring forward evidence of that party’s liability
- Calculate the value of your bicycle accident losses
- Defend an estimate of your case’s total value
We do all of this while keeping track of your relevant filing deadline. In other words, we make sure that you have every opportunity to argue for the compensation you deserve, even while you focus on recovering from your injuries.
Provide Evidence of a Liable Party’s Negligence
There are several parties that may be liable for your recent bicycle accident. Motorists, pedestrians, and even other bicyclists can all violate the duty of care owed to you. Even the company that manufactured your bicycle may take a portion of the blame for your accident if your bike didn’t perform as advertised.
How, though, do you assign blame for your losses? You rely on evidence. The evidence you can bring forward to help establish negligence in a bicycle accident case can include:
- Video footage of your bicycle accident
- Photos from before and after your accident
- Statements from witnesses
- Input from expert witnesses
- Physical evidence of the damage done to your bicycle and protective gear
- Physical and/or medical evidence describing the severity of your injuries
You must be prepared to defend an assertion of fault with some combination of the aforementioned evidence if you want to convince a judge and jury of your right to compensation.
Calculate Your Case’s Damages
Your bicycle accident likely had an unexpected financial impact on your life. You deserve compensation for losses caused by someone else’s negligence. Fortunately, our team can help you demand that compensation. We calculate the value of your bicycle accident’s economic and non-economic losses before presenting that sum total to a civil judge.
How do we find the sum of your case’s value, though? First, we look at the paper trail left behind by your economic losses. These losses can include the cost of your emergency medical treatment and any repairs needed to restore or replace your bicycle. Your other economic losses might include wages lost while you are in recovery.
Once we establish that sum, we modify it to account for your non-economic, or intangible, losses. These losses include any pain and suffering, emotional distress, and/or mental anguish you endured as a result of your accident. You can discuss the process we use to find the value of these losses during an initial consultation with our team.
Let’s Bring Your Bicycle Accident Claim Forward in Civil Court
West Lafayette may not be home to the Little 500, but that doesn’t mean that it doesn’t play host to its own bustling demographic of bicyclists. Bicyclists like you deserve space and respect on the road. Even if you take steps to protect yourself from harm, though, you may still fall victim to an accident caused by someone else’s negligence.
Don’t let bicycle accidents go unanswered. If you want to pursue damages for your losses, let a West Lafayette bicycle accident attorney know. Vaughan & Vaughan can help you file a claim against the person responsible for your losses. You can contact us through our website or by calling our office to learn more about our legal experience and services.
