Should You Worry About Getting Doored?
McGlone Law
April 22, 2022
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Don’t Go It Alone, Call McGlone
Don’t Go It Alone, Call McGlone
There are many reasons for people to become avid bicycle riders, such as more economical transportation, exercise, and recreation. However, with the increased growth of our state and population, bikers find themselves at a greater risk of suffering injuries or even fatalities while bicycling. In addition, even if bicyclists wear helmets, they are at a greater risk of suffering a catastrophic injury related to their spinal cord or traumatic brain injuries (TBIs), including concussions.
If you are a bicyclist who has been injured in a cycling accident caused by a negligent driver, McGlone Law of Terre Haute, IN, may be able to recover financial compensation for your bicycle accident claim that includes medical costs and lost time at work. Contact our law firm and ask to schedule a meeting with a qualified member of our legal team who will gladly answer your questions and explain what options are available to you.
It’s important to call the police right away after a bicycle accident. Getting a police report filed will help you recover the compensation you deserve. While at the scene, remain calm. Arguing or otherwise becoming aggressive with another driver might turn into a disastrous situation. Things could escalate quickly, and even someone not previously at fault could end up in legal jeopardy.
You should always collect the driver’s license, proof of insurance and contact details for all parties involved in the accident.
Even if you made an error, you may not be entirely at fault. It’s important not to admit fault in the heat of an accident because it can hurt you in court later. You may end up admitting fault when you weren’t entirely at fault or even when you weren’t at fault at all.
Photographic and video evidence of the damage to both vehicles, the positioning of the vehicles, skid marks, will help with reconstructing the accident, proving fault, and recovering the compensation you deserve.
Witness statements can add credibility to your statements about what happened. If possible, talk to those who witnessed the accident and get their contact information so they can be contacted later if needed.
Even if you don’t think you are seriously injured, you should always seek medical attention after an accident. You may have injuries that haven’t presented yet because of the adrenaline from the accident. If you wait, the insurance company will use your decision to not seek medical attention against you, claiming that you must not be injured badly if you didn’t seek help. This also goes for follow up visits. You should see your doctor every 30 days while your case is ongoing.
The best way to get the compensation you deserve is by contacting an attorney who specializes in car accident cases. Using an attorney will ensure that you’ve got someone in your corner who knows all the ways the insurance companies are going to try to devalue your claim and who won’t let that happen to you. When looking for an attorney, look for one trained in accident reconstruction and skilled in car accident personal injury cases. This kind of attorney will have the knowledge and experience with these kinds of cases that will best position them to advocate for you and the compensation you deserve.
It’s important to call the police right away after a bicycle accident. Getting a police report filed will help you recover the compensation you deserve. While at the scene, remain calm. Arguing or otherwise becoming aggressive with another driver might turn into a disastrous situation. Things could escalate quickly, and even someone not previously at fault could end up in legal jeopardy.
You should always collect the driver’s license, proof of insurance and contact details for all parties involved in the accident.
Even if you made an error, you may not be entirely at fault. It’s important not to admit fault in the heat of an accident because it can hurt you in court later. You may end up admitting fault when you weren’t entirely at fault or even when you weren’t at fault at all.
Photographic and video evidence of the damage to both vehicles, the positioning of the vehicles, skid marks, will help with reconstructing the accident, proving fault, and recovering the compensation you deserve.
Witness statements can add credibility to your statements about what happened. If possible, talk to those who witnessed the accident and get their contact information so they can be contacted later if needed.
Even if you don’t think you are seriously injured, you should always seek medical attention after an accident. You may have injuries that haven’t presented yet because of the adrenaline from the accident. If you wait, the insurance company will use your decision to not seek medical attention against you, claiming that you must not be injured badly if you didn’t seek help. This also goes for follow up visits. You should see your doctor every 30 days while your case is ongoing.
The best way to get the compensation you deserve is by contacting an attorney who specializes in car accident cases. Using an attorney will ensure that you’ve got someone in your corner who knows all the ways the insurance companies are going to try to devalue your claim and who won’t let that happen to you. When looking for an attorney, look for one trained in accident reconstruction and skilled in car accident personal injury cases. This kind of attorney will have the knowledge and experience with these kinds of cases that will best position them to advocate for you and the compensation you deserve.
Out-of-pocket expenses you have because of the accident. These include: past and future medical bills, lost wages, loss of future earning capacity, and property damage.
Intangible losses that don’t have a fixed dollar amount and are subjective. These include: pain and suffering, loss of enjoyment of life, loss of companionship, and permanent disfigurement and scarring.
Punitive damages are awarded to punish the defendant for wrongdoing and to discourage others from repeating the behavior. These may be awarded when the defendant has acted intentionally recklessly or with gross negligence.
Our law firm is uniquely qualified to help personal injury victims recover damages that may be appropriate for their particular case. For example, Indiana law is stringent regarding allowing plaintiffs to try and recover punitive damages. In most instances, the injury victim is not entitled to file a claim for punitive damages simply because the defendant in the case acted negligently but not with willful intent to cause harm.
Nevertheless, an injury victim may recover punitive damages if it can be demonstrated that the other party knowingly acted in a manner that any reasonable person would believe had a probability of causing harm or injury.
If you feel that your case qualifies for punitive damages, you need to consult with a personal injury lawyer immediately. At McGlone Law, our lawyers have the experience to determine if your case qualifies for punitive damages and what amount would be appropriate to request in a settlement.
No, in Indiana, there is currently no law requiring anyone of any age to wear a helmet while riding a bicycle. This applies to both adults and children riding on public roads.
However, it’s important to be aware of safety. We strongly recommend wearing a helmet whenever you ride a bike. Even a minor accident can result in a serious head injury, and a helmet can significantly reduce that risk.
In Indiana, bicycles are treated as vehicles. This means that cyclists generally should ride in the same direction as traffic, in the rightmost lane or as close to the right edge of the roadway as practicable, unless traveling at the speed of traffic.
However, there’s no blanket law prohibiting bicycles from sidewalks in Indiana. Here’s how it affects your case:
Bicycle accidents can happen for a number of reasons, but two main categories are common:
Even when wearing proper protective gear, an accident victim can be severely injured when they are involved in an accident. Typical bicycle accident injuries include:
If you have sustained a bicycle accident injury, you need to seek medical attention immediately from a qualified medical care provider. Some insurance companies will try to deny or undervalue your claim if you have not been evaluated by a medical professional. Furthermore, some injuries, such as internal bleeding or concussions, do not always immediately manifest themselves and can lead to severe complications if left untreated.
Our bike accident lawyers will happily provide you with a free case evaluation and determine the best legal action.
There are several advantages to having a bicycle accident lawyer on your side after a collision, especially when dealing with injuries and insurance companies:
If you’ve been injured in a bicycle accident, it’s always best to consult with a lawyer to understand your options and determine the best course of action. During a consultation, they can assess your specific situation and advise you on the potential merits of your case.
We handle any bicycle accident case where you are not at fault. If you are partially at fault, we can still take your case as long as the other party is 51% or more at fault. Sometimes fault is unclear, so if you’ve been in a car accident call us at (812) 247-8416 today for a free, no-obligation consultation.
Yes, you can. Multiple parties can be liable for the accident, and you shouldn’t assume that because you may have done something wrong, you are 100% at fault. Indiana follows a comparative negligence law. This law can mean that each party involved in an accident is assigned a percentage of fault, depending upon what they did or failed to do that helped to cause the accident. If you are assigned more than 51%, you are unable to pursue damages.
Several factors work together to establish fault after a bicycle accident. Evidence includes pictures or videos of the scene and vehicles, police records, witness statements, and more. Read our blog to learn more about comparative negligence and partial fault.
The statute of limitations for most personal injury cases, including bicycle accidents, is two years. If you are under 18 years of age at the time of the accident, the two year time window starts on your 18th birthday.
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