Bicycling can be a great way to get some exercise, enjoy nice weather, and save money on gas and other car-related expenses for travel over short distances. However, it can also be much more dangerous than driving or riding inside a motor vehicle—not necessarily because of anything you do as a bike rider, but instead because of how impactful the negligence of someone else near you could be if it leads to you getting hurt in a crash.
Fortunately, you have support available under circumstances such as this from a Dyer bicycle accident lawyer with years of experience getting good results from similar cases in the past. From start to finish of your legal proceedings, your personal injury attorney from the Law Offices of David W. Holub could make sure your rights are enforced, your best interests are respected, and your accident-related losses are compensated to the fullest extent possible under Indiana civil law.
Are Drivers Always at Fault for Collisions With Bicyclists?
Every motorist on public roads has a duty of care to drive lawfully and responsibly, ensuring the safety of others. When a driver injures a bicyclist due to illegal or reckless actions such as speeding, drunk driving, or texting, they breach this duty and may be held civilly liable for the resulting injuries and losses.
However, bicyclists can also be negligent while riding in ways that contribute to causing their own injuries—for example, by not following traffic laws applicable to them or by choosing not to wear a safety helmet while riding. As a Dyer bicycle accident attorney can further explain, this can lead to a court assigning a percentage of comparative fault to the injured bicyclist and then, in accordance with Indiana Code § 34-51-2-5 and 34-51-2-6, either proportionally reducing that bicyclist’s final damage award or denying them compensation altogether based on that percentage.
Recovering Fairly for Short-Term and Long-Term Losses
Fortunately, outside of the modified comparative negligence system described above, state law does not place any caps on how much money someone injured in a bike wreck can demand from the person or people at fault for causing that accident. This means it is possible to recover for the full value of all economic and non-economic, past and future forms of harm that can be traced directly back to the accident, specifically including things like:
- Physical pain and discomfort from injuries
- Emotional distress from injuries and/or the accident itself
- Lost work income, benefits, and/or long-term earning capacity
- Expenses stemming from personal property damage, including bicycle repair/replacement costs
- Lost quality of life and other intangible effects of permanent disfigurement/disability, if needed
- Costs of medical treatment, plus related expenses for things like wheelchairs and prescription medications
Once again, a bicycle injury lawyer in Dyer can go into further detail during a private initial meeting about what damages should factor into a particular claim.
Get Help From a Dyer Bicycle Accident Attorney After an Incident
While riding a bicycle on public roads, you have the same rights and most of the same responsibilities as a motor vehicle driver despite taking up less physical space. Unfortunately, not all drivers respect these rights, and as you may have experienced firsthand, this can sometimes result in collisions with catastrophic consequences.
If a negligent driver has injured you while you were on a bike, you very likely have a right to demand comprehensive civil compensation from them. Call today to discuss your legal options with a Dyer bicycle accident lawyer from the Law Offices of David W. Holub.