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 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 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 motorist 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. Indiana motorists’ duties of care are promulgated by statute. Indiana Code § 9-21-1-22. 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 establish the driver’s actions were unreasonable and caused a bicycle accident, contact an Indianapolis lawyer for help.
Bicycle Accidents and Product Defects
When purchasing a new bicycle, the consumer trusts that it will perform as expected. Unfortunately, mistakes are made when designing or manufacturing the bicycle, resulting in accidents. Holding a manufacturer liable for a bicycle accident could be difficult, but contacting an Indianapolis attorney may help your chance of success.
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 by the consumer 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 for a manufacturing defect, the plaintiff must be injured while using the bicycle in an expected manner.
Bicycle Injuries Suffered By a Minor
The law does not allow a person under the age of eighteen to bring a lawsuit. The law does allow a family member or legal guardian to sue on behalf of the minor. An experienced 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.
Use An Indianapolis Attorney to Help Recover for A Bicycle Accident
Bicycle accident injuries can have a life-changing impact. Hold the defendant responsible for their actions and recover for your injuries. An Indianapolis bicycle accident lawyer could be the difference you need in your case.
Our firm has a team of attorneys ready to help you recover. Schedule a consultation today with an experienced trial lawyer.