Indiana law protects bicycle riders the same as motor vehicle drivers. If you are injured while riding a bike due to another person’s negligence, you may be able to hold them accountable. An Indianapolis bicycle accident attorney could help you hold the wrongdoer accountable and recover compensation for your injuries.
Whether the bicycle accident results from a car driver’s negligence or a bike defect, you have a right to hold the wrongdoer accountable. Let an experienced personal injury attorney in Indianapolis help you hold the defendant responsible for their actions.
Collisions with motor vehicles
Cars and bicycles often share the same road. Unfortunately, this can also lead to car accidents caused by the careless actions of car drivers. A lawsuit involving a car accident is typically brought under a negligence theory.
Car drivers have a duty to all other motorists sharing the roadways to drive lawfully and reasonably. When a driver handles his or her vehicle in an unreasonable or unsafe manner, they have breached their duty of care according to Indiana law. Once the breach occurs, the driver becomes liable for any injuries arising from their negligence.
Establishing a driver’s actions were unreasonable requires proving how a reasonable person acts in similar circumstances. To prove that the driver was responsible for the accident, contact an Indianapolis bicycle accident lawyer.
Bicycle accidents and product defects
When purchasing a new bicycle, you trust that it will perform as expected. Unfortunately, mistakes are made when designing or manufacturing bicycles, resulting in accidents.
A design defect occurs when the bicycle design results in an inherent flaw or mistake. As a result of the flaw or mistake, the bicycle is dangerous when used in an expected manner. The risk created by the defect must be foreseeable to the manufacturer at the time of design.
A manufacturing defect occurs in the production stage of the bicycle. Mistakes such as using the incorrect screw or forgetting a part constitute a manufacturing defect and result in a dangerous product. To recover damages for a manufacturing defect, you must be injured while using the bicycle in an expected manner.
Holding a manufacturer liable for a bicycle accident could be difficult, but contacting an Indianapolis bicycle accident attorney may help your chance of success.
Bicycle injuries suffered by a minor
Indiana law does not allow a person under the age of 18 to bring a lawsuit. The law does allow a family member or legal guardian to sue on behalf of the minor. An experienced personal injury attorney in Indianapolis could help bring a lawsuit on behalf of a minor injured in a bicycle accident.
Indiana Code §34-11-6-1 allows minors to wait until their 18th birthday to sue for their injuries. While the statute of limitations is two years from the accident date, an exception exists for minors. Once the minor turns 18, they have until they are 20 to bring a lawsuit for injuries sustained in a bicycle accident.
Bicycle accident injuries we represent
Bicycle accidents can lead to devastating injuries. This is particularly true when a cyclist is struck by the driver of a car or truck. Bicycle accidents not only result in serious injuries from the impact of the motor vehicle, but injuries also occur when a cyclist is thrown from their bike as well. Some of those injuries include:
- Road rash
- Broken arms
- Sprains and strains
- Traumatic brain injuries
- Broken legs
Serious injuries cause more than physical pain. For cyclists that do not have insurance, an accident could cause significant financial harm as well. From medical expenses to lost wages, the cost could be extreme. The good news is that filing a personal injury lawsuit with the help of an Indianapolis bicycle accident lawyer could help you recover the compensation you need to make themselves financially whole.
How long does it take to recover from a bike accident?
The recovery time after a bicycle accident depends on the severity of your injuries. A broken bone or sprain usually takes about two months to heal. Smaller injuries may take less than that.
If you suffered an injury to your spinal cord, traumatic brain injury, or internal organ damage, it could take you several months or even years to recover. In the worst cases, some bike accident victims are never able to recover.
Recovering from a bad bicycle accident can take months or years of therapy and specialized care. During t