Fort Wayne Bicycle Accident Attorney
Advocating for Injured Cyclists Throughout Indiana
Riding a bicycle serves multiple purposes. Not only is it a healthy and economical mode of transportation, but it also provides a source of recreation and exercise. In Fort Wayne, people regularly use bicycles for commuting to work and leisure activities. Given the popularity of bicycling in the city, cycling accidents are quite high. Many of these collisions result in severe or life-altering injuries for the rider.
Cyclists are at a significant disadvantage in most bicycle and motor vehicle accidents. The sheer weight difference between a bicycle and a 5,000-pound car, coupled with the hard surface of the street or pavement, leaves the cyclist with little protection. Despite being more susceptible to injuries, proving the driver's total fault is not straightforward. Insurance companies and defense attorneys frequently argue that the bicyclist's own actions contributed to or caused the crash.
In Indiana, such arguments could prevent you from receiving the compensation you rightfully deserve.
Having an experienced attorney on your side is crucial in the aftermath of a bike accident. At McKibben Law, LLC, our dedicated Fort Wayne bicycle accident attorney understands these challenges and is committed to advocating for your rights and ensuring you receive the justice you are entitled to.
At McKibben Law, LLC, our Fort Wayne bike accident attorney understands the difficulty of recovering after a serious accident. Call our team today at (260) 777-0844 to schedule a consultation.
Evidence You Need in a Bicycle Accident Lawsuit in Fort Wayne
Once you’ve decided to file an accident claim, evidence is paramount. Establishing the defendant's liability for your injuries is paramount in a bicycle accident lawsuit. This evidence, which can be collected immediately following the accident, forms the basis for claiming compensation for your damages.
The evidence you need includes:
- Photos and Videos: Document the accident scene with pictures and videos, capturing crucial details such as weather conditions, street signs, road conditions, traffic, and any potential witnesses.
- Witness Information: Obtain contact information from any witnesses present during the accident, including pedestrians, other drivers, and cyclists. Their testimonies can strengthen your claim in court.
- Security Camera Footage: If available, security camera footage from nearby homes or businesses can provide indisputable proof of the incident and potentially identify hit-and-run drivers.
- Injury Documentation: Photograph your visible injuries immediately after the accident and throughout the healing process. Images showcasing the severity of injuries and any permanent scarring can significantly bolster your claim.
- Medical Records: These documents establish the extent of your injuries, treatment received, and any long-term limitations. They are a critical piece of evidence for your case.
- Proof of Lost Income: If your injuries prevent you from working, ensure your doctor documents this.
Remember, it's essential to fully document and seek treatment for your injuries to facilitate legal recovery. Always report any pain or issues resulting from your injury to your doctor for proper documentation. With this evidence, our Fort Wayne bicycle accident lawyer can help build a strong case for your compensation claim.
Navigating Insurance Claims Easier With Legal Support
As Indiana is an at-fault state, injured cyclists typically file third-party claims with the insurance policy of the responsible driver(s). Our Fort Wayne bicycle accident attorney can handle these claims to ensure you receive the full compensation you deserve.
You will need evidence, such as photos, medical records, and witness testimonies, to submit a claim. Our team can help clients compel insurance companies to fulfill their obligations without unnecessary delays or underpayments. If the driver is uninsured or fled the scene, your own uninsured or underinsured motorist coverage may provide relief. This is particularly critical in hit-and-run cases or when your injuries are severe and the at-fault driver's insurance is insufficient.
Having experienced legal support on your side can make all the difference in these cases. Our dedicated bicycle accident team in Fort Wayne is committed to holding reckless drivers accountable for their actions. We offer a comprehensive slate of services to help injured bicyclists secure the compensation they deserve. In some cases, this might involve filing a personal injury lawsuit. Reach out to us if you've been hurt in a bicycle accident, just as you would following a car crash.
Common Causes of Bike Accidents in Fort Wayne
Bicycles and motor vehicles often share the same roads; unfortunately, this coexistence frequently leads to accidents. Given their smaller size and slower speed, cyclists can easily be overlooked by drivers who may not feel obliged to share the road. If you've been injured in such an incident, our Fort Wayne bicycle accident lawyer is available to help you file a claim for the compensation you deserve.
The cause of most bicycle accidents can be reduced to a few circumstances, including:
- Distracted Driving: This is a significant issue leading to bike accidents. Whether it's texting, talking on the phone, or simply not paying attention, distracted driving can result in a collision with a cyclist who might not be noticed in time.
- Drunk Driving: The impaired reaction times and reflexes of drunk drivers often lead to accidents. Even if they spot a cyclist, their delayed responses can result in a collision.
- Sideswiping occurs when a vehicle hits a cyclist from the side due to driving too close, causing the cyclist to fall. Such incidents can lead to severe or even fatal injuries.
- Failure to Signal: When drivers neglect to use their turn signals, cyclists may crash into them as they make unexpected turns. Cyclists and other road users rely on signals to anticipate a vehicle's movement.
- Disrespect Towards Cyclists: Many drivers fail to treat cyclists with the same respect as other motorists. This lack of respect can lead to accidents as drivers collide with cyclists at intersections or during common cycling maneuvers.
- Dooring Accidents: These typically occur in parking lanes running alongside bike lanes. A parked car's driver might open their door without checking for oncoming cyclists, leading to a violent collision.
Understanding these common causes of bicycle accidents is the first step towards safer roads. Our dedicated legal team is committed to holding negligent drivers accountable while striving to ensure that our clients receive the compensation they deserve for their injuries and losses.
Establishing Liability in Multi-Party Bicycle Accidents
Determining liability in bicycle accidents, especially those involving multiple parties or hit-and-run scenarios can be challenging. The injured cyclist can typically seek recovery from the driver who hit them. However, if the driver was working at the time of the accident, the cyclist might also sue their employer under the vicarious liability theory, potentially leading to higher compensation due to companies having larger insurance covers.
This only applies if the employee acted within their scope during the accident. If the driver was off-duty or engaged in unauthorized activities, seeking recovery from the employer might be harder. Nonetheless, our lawyers can explore other avenues of recovery against the employer.
A cyclist has the right to hold negligent drivers financially responsible for their damages. Call McKibben Law, LLC today at (260) 777-0844 to schedule a consultation or send a message online right now.
Financial Compensation and Fault Determination in Fort Wayne Bicycle Accidents
When a cyclist is injured in an accident, they can claim two types of damages: economic and non-economic. Economic damages cover tangible losses like medical expenses, physical therapy costs, and lost income due to missed work. Non-economic damages, on the other hand, compensate for intangible losses such as emotional distress and physical pain. The process of calculating these can be complex, but our experienced personal injury attorneys are dedicated to ensuring you receive fair compensation.
However, Fort Wayne operates under a modified comparative negligence rule, affecting the compensation amount. If a jury deems the cyclist more than 51% responsible for the accident, they will not receive any compensation. Moreover, if the cyclist is found to be partially at fault, their compensation will be reduced correspondingly. For instance, if the total damages are $100,000 and the cyclist is found 40% at fault, their compensation will be reduced by $40,000. It's crucial to have competent legal representation that can effectively counter allegations of the cyclist's negligence.
Call McKibben Law, LLC today at (260) 777-0844 to schedule a consultation or send a message online right now.
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