Indiana Bicycle Accident Lawyers
Bicycles are practically everywhere you look in Indiana today. The state has over 3,268 miles of bikeways and trails open for public use, while Indianapolis recently began construction on 8.5 miles of new bike lanes and 20.5 miles of new trails.
Cycling is clearly becoming more popular, but it is not necessarily becoming safer. According to the Centers for Disease Control and Prevention, more than 130,000 riders are injured and nearly 1,000 are killed in bicycle accidents in the United States annually, while 21 cyclists in Indiana lost their lives in 2021 alone. Because bicycles provide less protection than cars and trucks, the likelihood of grievous bodily harm in bicycle accidents is immense. Though bicycles are used in only one percent of trips domestically, bicyclists account for over 2 percent of fatalities in crashes with motor vehicles.
If you have been injured in an Indiana bicycle accident, you may be eligible to receive compensation, though success is not guaranteed. To help tip the odds in your favor, get in touch with the Indiana bicycle accident attorneys at Hensley Legal Group, who are committed to getting justice for the everyday people of Indiana.
Call (317) 472-3333, chat with us online, or complete our contact form to schedule a free consultation with an Indiana bicycle accident lawyer.
Leading Causes of Indiana Bicycle Accidents
Bicycle accidents could occur for many reasons, but certain types of vehicular misconduct can make them more likely. Leading causes of Indiana bicycle accidents include:
● Tailgating – Drivers who follow riders too closely increase the chance of bicycle accidents while giving cyclists little opportunity to evade them.
● Failing to yield the right of way – Drivers who neglect to yield the right of way may cause collisions that could be devastating to bicyclists. The Indiana University Public Policy Institute reports that failing to yield was the top cause of Indiana motor vehicle accidents in 2020, many of which involved bicycles.
● Sudden lane changes – Bicycles are significantly smaller than passenger vehicles, so they are more likely to fit entirely within a driver’s blindspot. Drivers who do not check for riders before merging into their lanes may crash into them.
● Improper passing – Under Indiana law, drivers must give bicyclists three feet of clearance when passing or overtaking them. Failure to comply may result in hazardous sideswipe accidents.
● Speeding – Traveling too fast is responsible for over 15,000 Indiana auto accidents per year. Drivers who speed have less time to react yet need more time to stop, which can make a collision with a bicyclist more likely and more destructive.
● Drunk driving – Alcohol use is involved in a third of bicycle accidents resulting in death, including in Indiana, where law enforcement makes a DUI arrest every 11.98 hours.
● Drowsiness – Driving while fatigued can be as dangerous as driving while drunk. Drivers who go more than twenty hours without sleep may experience the same impairment as drivers with a blood alcohol concentration of 0.08 percent, the legal threshold for intoxication in Indiana. Drowsiness contributes to 100,000 collisions, 50,000 injuries, and 800 deaths across the country annually, and it can put bicyclists in great jeopardy.
● Distraction – Driver inattention is one of the chief factors in traffic accidents, with phone-based distraction linked to 12 percent of total crashes. Distraction can keep a motorist from noticing cyclists before critical maneuvers, resulting in needless bicycle accidents.
● Dooring – Riders are often injured when a car door is opened in their path, commonly known as “dooring.” Though Indiana has no law against dooring, motorists are encouraged to check for passing bicycles before attempting to exit their vehicles.
Regardless of the cause of your injury, our Indiana bicycle accident attorneys will determine the best steps to take if you are considering a claim.
How to Prevent Indiana Bicycle Accidents
A collision between a bicycle and a car or truck can produce punishing injuries, including broken bones, amputated limbs, brain and spinal damage, paralysis, coma, and death. Given the stakes involved, riders need to do everything they can to either prevent bicycle accidents from happening or lessen their impact when they do. Before you go for a bike ride, remember to:
● Put on a helmet – Wearing a helmet can reduce the risk of head and brain injury by 65 to 88 percent and the risk of injury to the upper and mid face by 65 percent.
● Make sure your bicycle works – Confirm that all the equipment on your bike is fully functional, especially the brakes. Masterful cycling means very little if you cannot safely come to a stop. Additionally, make sure that your bicycle “fits” you, since it can be harder to control a bike that is too big or too small for your body.
● Increase your visibility – Drivers who see you are less likely to hit you, so make yourself more visible by wearing brightly colored clothing, preferably in fluorescent shades, which are two to three times more perceptible to the human eye. Bicycles in Indiana are required to be equipped at night with a front white light and a rear red lamp or reflector that can be seen from 500 feet away, but these devices could also be useful in the daytime. Flash your lights when approaching motor vehicles to increase your visibility and consider attaching flags or even a bell to alert drivers of your presence.
● Use hand signals – Before changing lanes or engaging in other intrusive actions, use hand signals to inform drivers of your intentions, making eye contact to confirm their understanding if possible.
● Ride the bicycle correctly – Use your bike in the way it was designed to be used. That means you should only ride with one person per seat while keeping both hands on the handlebars unless you are signaling. Any items you have with you should be carried in a backpack or strapped to the back of the bicycle. Furthermore, it is a good idea to tuck in the legs of your pants and tie your shoelaces so they do not get caught in your bike chain.
● Plan the safest route – Select roadways with lower speed limits and less traffic, or avoid traffic altogether by riding on a bike path or in a dedicated bike lane.
● Do not drink and ride – Indiana’s DUI laws apply equally to bicyclists, and mixing alcohol with cycling is equally as foolish. Do not imbibe before you bike, as it could cause a serious or even fatal bicycle accident.
Who Is at Fault in an Indiana Bicycle Accident?
Safety is crucial when riding a bike, but the reality is that a bicycle accident can occur no matter how many precautions you take. When it does, you may be able to initiate a claim against the ones at fault.
But who exactly is at fault in an Indiana bicycle accident? That will depend on the circumstances leading up to your injury. The driver of the vehicle that struck you may be liable, along with the vehicle’s owner (if different from the driver). If that vehicle was being used for commercial purposes, the business for whom that vehicle was being operated could bear responsibility as well.
Sometimes, parties who are not even present at a collision could be culpable, such as the manufacturer of a defective part when a malfunction is to blame or a public works department when poor road conditions play a role. In certain situations, multiple parties could have different levels of legal exposure for which they would have different levels of financial exposure.
Every potential defendant needs to be identified and pursued within the time allotted by law, known as the Statute of Limitations. The Statute is two years for most bicycle accidents in Indiana, though it can be shorter when a government body is involved. Failure to file suit or resolve a claim before the Statute expires could bar you from economic recovery – something that Hensley’s meticulous Indiana bicycle accident lawyers will never let happen.
What Our Bicycle Accident Attorneys Can Do for You
A bicycle accident can turn your world upside down, overwhelming you with skyrocketing medical bills while hindering your ability to work. Before you realize it, you and your family could find yourselves on the brink of ruin.
When the worst happens, you need personal injury lawyers with the compassion to support you through your troubles and the skill to overcome them. You need the Indiana bicycle accident attorneys at Hensley Legal Group, who have been advocating tirelessly for the average Hoosier since the firm first opened its doors in 1998.
If you decide to retain our services, we will launch a thorough investigation into everyone responsible for your bicycle accident, acting swiftly to secure the evidence needed to construct your claim, including:
● Police reports
● Tickets and dispositions
● Witness statements
● Dash cam, surveillance, and traffic light footage
● Black box data
● Cellphone records
● Driver histories
● Vehicle service logs
● Forensic analysis and accident reconstruction
After putting together an airtight case against every liable party, our Indiana bicycle accident lawyers will attempt to reach a settlement that takes the full spectrum of your losses into consideration, including:
● Medical expenses
● Lost earnings
● Pain and suffering
● Psychological and emotional impairment
● Diminished quality of life
● Punitive and wrongful death damages (if applicable)
And if we do not receive an offer that is worthy of your case, we are not afraid to proceed to trial for a verdict or judgment that is.
No two bicycle accidents are exactly the same, but we will always strive to maximize the value of yours.
You Won’t Pay Until We Win
Our firm works on a contingency basis, so you won’t have to pay us anything until our Indiana bicycle accident attorneys win your case.
When you last climbed on your bike, you had no idea how arduous the journey ahead of you would be, but you can trust Hensley to bring it to a satisfying conclusion.
Talk to an Indiana Bicycle Accident Lawyer Now
Hensley Legal Group has been fighting for the innocent victims of negligence for over 25 years. If you have been hurt because of somebody else’s recklessness, talk to an Indiana bicycle accident lawyer now to explore the remedies available to you.
You can arrange a complimentary case review with one of our Indiana bicycle accident attorneys by calling (317) 472-3333, chatting with us online, or completing our contact form.
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