Fearless Advocacy for Indiana Cyclists Since 1913
For many Hoosiers, a bicycle is more than just a piece of exercise equipment. It is a primary mode of transportation, a way to connect with the community, and a means to enjoy the scenic trails stretching from Lafayette to Indianapolis. However, when a distracted or negligent driver shares the road with a cyclist, the vulnerability of the rider becomes painfully clear. A bicycle offers zero protection against the impact of a motor vehicle. When these collisions occur, the physical, emotional, and financial damage can be staggering. At Vaughan & Vaughan, our Indiana bicycle accident lawyers have been defending the rights of injured people in our state for over a century. Since our firm was founded in 1913, three generations of the Vaughan family and our skilled teams have stood by those who have been wronged. We are a legacy firm with a fearless reputation for taking on difficult cases and winning. If you or a loved one has been injured while riding a bike, you need more than just a lawyer—you need a team with 110+ years of history and elite trial credentials to ensure insurance companies don't take advantage of you.5 Reasons Why You Should Trust Vaughan & Vaughan with Your Bicycle Injury Claim
Indiana’s roads are increasingly crowded, and many motorists fail to afford cyclists the respect and space they are legally entitled to. When an accident happens, the driver’s insurance company will often try to blame the cyclist for the collision. We provide the aggressive representation necessary to counter these tactics. When you partner with our skilled team of personal injury lawyers, you’ll receive these five important benefits:- Board-Certified Courtroom Strength: Attorney Charles V. Vaughan is board-certified in Civil Trial Law and Civil Practice Advocacy by the National Board of Trial Advocacy. This elite certification is held by fewer than 20 attorneys in the state of Indiana. In the legal world, this serves as a benchmark for trial excellence. While many firms prefer to settle quickly for low amounts, our board-certified leadership ensures we are always ready to take your case before a jury to fight for what you deserve.
- The CDL Perspective on Visibility: Many bicycle accidents involve commercial vehicles or large trucks that have significant blind spots. Attorney Charles J. Vaughan holds a Class A Commercial Drivers License (CDL). This unique credential gives our firm a technical understanding of vehicle dynamics and "no-zone" blind spots from the perspective of a professional driver. We know exactly where a driver should have been looking, and we use this knowledge to prove negligence in complex visibility cases.
- A Century of Dedication to Hoosiers: We have a long history in this state, including historical involvement in high-profile cases. This legacy of fearless advocacy means we have the resources and the reputation to challenge any opponent, no matter how large.
- No Payments Upfront: We represent bicycle accident victims on a contingency fee basis. This means we advance all litigation costs, and you only pay us an attorney's fee if we successfully recover compensation for you.
- We are Available 24/7: Accidents do not only happen during business hours. We are available day and night to take your call at (765) 742-0056.
What Damages Can I Request After a Bicycle Accident?
In a legal claim, damages refer to the financial compensation you are entitled to receive to cover your losses. Because cyclists often sustain catastrophic injuries, the cost of recovery can be enormous. We take a comprehensive approach to identifying every way the accident has impacted your life, ensuring that no stone is left unturned. We fight for the maximum recovery in these categories:- Economic Damages: This includes measurable financial losses, such as emergency room bills at hospitals like IU Health or Ascension St. Vincent, surgical costs, specialized physical therapy, and the replacement of your bicycle and gear. We also seek to recover lost wages for the time you have missed at work and compensation for a loss of future earning capacity if you can no longer work in your field.
- Non-Economic Damages: These cover the human toll of the accident. We pursue compensation for physical pain and suffering, mental anguish, permanent scarring or disfigurement, and the loss of enjoyment of life if your injuries prevent you from cycling or participating in other hobbies you love.
- Wrongful Death Damages: If you have lost a loved one in a bicycle accident, we help you pursue compensation for funeral expenses, the loss of the deceased’s expected income, and the loss of companionship and guidance.
Navigating Indiana Bicycle Laws and Dangerous Routes
Indiana bicycle law treats bicycles as vehicles when they are on the roadway. According to the Indiana Code, cyclists have the same rights and responsibilities as motor vehicle drivers. However, many drivers remain unaware of these rules or fail to follow them.- Sharing the Road: Under Indiana Code § 9-21-8-2, vehicles are generally required to drive as nearly as practicable within a single lane. When passing a cyclist, drivers must maintain a safe distance to ensure their safety.
- Local High-Risk Areas: From the heavy traffic on Capitol Avenue in Indianapolis to the popular crossing areas near the Monon Trail or the Wabash Heritage Trail in Lafayette, certain areas see a higher concentration of bicycle-car interactions. We understand the traffic patterns and local intersection risks in these communities, as well as the factors that contribute to crashes in these areas.
- Modified Comparative Fault: Indiana uses a 51% rule for negligence. You can still recover compensation if you were partially at fault for the accident, provided your fault is not 51% or more. If an insurer claims you were weaving or failed to use a light, we fight to ensure the driver’s negligence remains the primary focus of the claim.
- Statute of Limitations: You generally have two years from the date of the accident to file a lawsuit in Indiana. For cyclists, evidence like dashcam footage or debris at the scene can disappear within days, making it imperative to involve our team immediately.
Common Causes of Bicycle Accidents We Handle in Indiana
Despite the presence of bike lanes and increased awareness, cyclists remain at the mercy of driver behavior. Our skilled team handles cases involving:- Distracted Driving: Drivers looking at phones often drift into bike lanes or fail to see a cyclist stopped at an intersection.
- Failure to Yield: Motorists often underestimate a cyclist's speed and turn left directly in front of them at an intersection.
- "Dooring" Accidents: This occurs when a driver of a parked car opens their door into the path of an oncoming cyclist without looking.
- Aggressive Driving: Some drivers intentionally "buzz" or crowd cyclists, leading to terrifying and high-speed crashes.
- Rear-End Collisions: Often the result of a driver failing to slow down or pay attention on rural roads where speed limits are high.
The Severity of Bicycle Injuries
Without a steel frame or airbags for protection, a cyclist’s body absorbs the impact twice: once from the vehicle and again from the pavement. We represent victims suffering from:- Traumatic Brain Injuries (TBI): Even with a helmet, a high-speed impact can cause devastating concussions or permanent cognitive loss.
- Spinal Cord Damage: Including paralysis or chronic nerve pain that requires lifetime care.
- Road Rash and Degloving: Serious skin and soft-tissue injuries that can lead to permanent scarring and infection.
- Complex Fractures: Broken wrists, collarbones, and femurs are common and often require multiple surgeries to repair.
- Internal Organ Trauma: Blunt force impact against handlebars or the vehicle’s hood can cause life-threatening internal bleeding.
Standing Up to Insurance Tactics
Insurance adjusters are trained to find ways to reduce their payout. They may scour your social media for photos of you being active or try to pressure you into a recorded statement while you are still on pain medication. Their ultimate goal is to say that the accident was your fault because you weren't visible enough or weren't following traffic laws.
We serve as your fearless advocate against these corporations. Because Charles V. Vaughan is board-certified, we have the recognized trial background that insurance companies respect. We collect the evidence—including crash reports, witness statements, and electronic data—to prove that the driver was at fault.
6 Actions to Take Following a Bicycle Accident
If you have been injured, your actions during the recovery process can significantly impact the strength of your legal claim. Consider taking these steps to help protect your future rights:- Strictly Follow Medical Advice and Care: Attend all scheduled follow-up appointments. Gaps in medical treatment are the number one reason insurance companies deny bicycle accident claims.
- Preserve the Bicycle and Gear: Do not attempt to repair your bike or throw away your helmet or clothing. The damage to your equipment is physical evidence of the angle and force of the impact. Keep your damaged clothing and any wearable tech, like a GoPro or GPS watch, that may have recorded data.
- Request the Police Report: We can help you obtain the official crash report. If the responding officer's account is inaccurate regarding your position on the road, we can investigate and correct any discrepancies.
- Do Not Negotiate with the Driver’s Insurer: You will likely be contacted by a claims adjuster shortly after the bicycle crash. Do not accept a settlement check or sign any medical or legal releases. These early offers are almost always a fraction of the total value of your claim.
- Journal Your Recovery: Document your pain levels and the daily activities you can no longer perform. This helps us quantify non-economic damages like pain and suffering.
- Call the dedicated team at Vaughan & Vaughan: The sooner we are involved, the sooner we can investigate and send a preservation letter to any nearby businesses that may have captured the accident on security cameras.
Frequently Asked Questions (FAQs) About Indiana Bicycle Accident Claims
Does Indiana require cyclists to wear a helmet?
For riders over the age of 18, Indiana does not have a statewide helmet mandate. However, insurance companies may try to argue that you were negligent for not wearing one if you sustained a head injury. We fight these arguments by highlighting that the lack of a helmet did not cause the accident itself; the driver's negligence did. Your right to compensation should not be challenged because you chose to ride without a helmet.
Can I still file a claim if the driver says they didn't see me?
Yes. Under Indiana law, drivers have a duty to maintain a proper lookout and to drive with caution. "I didn't see them" is an admission of failure to pay attention, not a valid legal defense. Whether the driver was blinded by the sun or distracted by a phone, they are responsible for the consequences of their failure to see a legal road user.
What if I was injured on an electric bike (e-bike)?
Indiana law classifies many e-bikes in a similar manner to traditional bicycles, but the rules can vary depending on the e-bike's class. Regardless of the classification, if you were hit by a motor vehicle, you are entitled to pursue a personal injury claim for your damages. We understand the specific e-bike regulations that might apply and can help you navigate these newer legal waters.
Am I covered if I was hit while riding on a sidewalk?
In Indiana, riding on the sidewalk is often permitted unless local city ordinances (such as those in some parts of downtown Indianapolis) specifically prohibit it. Even if riding on the sidewalk was restricted in a specific area, a driver still has a duty of care not to strike a person when crossing a driveway or turning into a side street. We can review local municipal codes to determine how they affect your specific case.
What if my bike was damaged but I wasn't seriously hurt?
You can still file a property damage claim against the at-fault driver's insurance. If your carbon frame bike or high-end gear was destroyed, the insurer is responsible for the replacement cost. However, we always recommend a medical evaluation after any crash, as symptoms of neck or back injuries can often take several days to manifest.
Contact Our Indiana Bicycle Accident Lawyers For a Free Consultation Today
If you have been injured, don't let an insurance company tell you what your recovery is worth. Trust the firm that has been advocating for the people of Indiana since 1913. With board-certified leadership and a family tradition of fearless advocacy, Vaughan & Vaughan is ready to fight for the justice you deserve.
Call our team 24/7 at (765) 742-0056 or fill out our online contact form for a free, no-obligation consultation now.