While bicyclists do not have all of the same responsibilities or many of the same privileges as motor vehicle drivers, they have the same right as anyone else to be safe from the misconduct of others while riding lawfully on public roads. However, as you may have unfortunately just learned the hard way, there is no shortage of people in the Duneland area and throughout the state who act irresponsibly enough behind the wheel—and sometimes in other contexts as well—to put bicyclists in harm’s way.
If you can trace your recent bike accident back to a specific reckless or careless act by another person, you can demand civil compensation from that person to cover all your accident-related losses. That said, getting a favorable result from this kind of civil claim can be next to impossible without a qualified personal injury attorney’s support, so if you were hurt in this kind of incident recently, contacting a Chesterton bicycle accident lawyer from the Law Offices of David W. Holub should be among your top priorities.
How Legal Negligence Can Lead to Bike Injuries
A bicyclist injured in a collision with a moving vehicle can pursue legal action against the driver, just as they could if injured while driving a motor vehicle. In both situations, the party who bears responsibility for causing the incident holds civil liability. This responsibility typically arises from violating traffic laws, driving under the influence or while distracted, or failing to uphold the duty of care required to act responsibly and lawfully on public roads.
However, it is also possible for partial or even primary fault for a bike wreck to lie with someone who was not actually present at the scene for the wreck itself. Depending on the circumstances, a Chesterton bicycle injury attorney may be able to help demand civil restitution from a bike mechanic who failed to ensure a bicycle was in proper working order during service, a manufacturer who produced and sold a bike with a serious flaw in its design or assembly, or even a local government body which failed to maintain roads and/or bicycle lanes in a reasonably safe condition.
What Is Comparative Fault and How Could It Affect a Civil Claim?
Legal counsel can play a crucial role after a bicycle accident by helping prove that the injured bicyclist was not partially or primarily at fault due to their own negligence. This support is especially important in bicycle accident claims because state law does not require bicyclists to wear helmets. As a result, insurers or opposing parties may consider a rider who suffers a head injury without wearing a helmet partly responsible for their injury.
In accordance with Indiana Code § 34-51-2-5, courts can proportionally reduce the value of an injured person’s final damage award based on the percentage of comparative fault assigned to them. If that percentage exceeds 50 percent of the total fault for the accident as a whole, the court can throw the case out entirely. See Indiana Code § 34-51-2-6. Representation from a skilled lawyer will almost always be key to preventing both of these outcomes and maximizing available recovery during a bike accident claim in Chesterton.
Work With a Chesterton Bicycle Accident Attorney For Help With Your Case
No matter how or where it happens, a high-speed crash on a bicycle can have long-lasting and even life-threatening repercussions. Fortunately, if you can show that someone else was to blame for your wreck and that you yourself were not, you may be able to recover comprehensive compensation for your medical bills, lost work income, physical pain and suffering, and more.
Working closely with a Chesterton bicycle accident lawyer from the Law Offices of David W. Holub will make a huge difference in your ability to pursue your claim effectively and obtain the restitution you deserve. Call today for an initial consultation.