Injured in a bicycle accident in Indiana? Contact Chapman Injury Lawyers today to learn how we can help you.
Bicycles have seen a resurgence in popularity in metropolitan areas with people using bikes more frequently to get to and from work and other destinations. The use of bikes as transportation or for exercise in more rural areas also remains popular. While bicyclists often have the same rights and responsibilities as the drivers of motor vehicles, most severe bicycle accidents are caused by careless, distracted, intoxicated, or aggressive motorists.
Were you severely hurt in a bicycle accident in Indiana, Kentucky, or Illinois? Did someone else’s negligence cause the accident? Make sure you are working with an experienced lawyer who has successfully handled bicycle accidents and who has helped other injured cyclists get the compensation they need.
Chapman Injury Lawyers has a team of attorneys admitted to courts in Indiana, Kentucky, and Illinois. We can review your case when you call (812) 461-6261 or contact us online to schedule a free consultation.
Many bicycle accident victims believe that negligent drivers were clearly at fault, and attorneys will not be necessary because the negligent driver’s insurance company has already promised to take care of everything. You need to know that insurers process thousands of claims every year with the one goal always being to pay as little as possible to resolve the claims.
Insurance companies can take different approaches to accomplish this goal, but it is always the victim who ends up losing out when they do not have a lawyer. One of the most efficient ways for an insurer to limit its payout is by getting an accident victim to admit to negligence that effectively makes them at fault for their injuries.
When a claims adjuster contacts you and asks you to provide a recorded statement, you should always refuse. Try not to say anything to any insurer until you have an attorney.
Some insurance companies will also offer victims lump sum settlements that can initially seem rather generous at first glance. Insurers always hope that victims will be desperate enough to accept these lowball offers without thinking because the amounts are rarely sufficient to cover any future expenses, which victims must then pay out of pocket.
Neil Chapman is a member of the Indiana Trial Lawyers Association and Evansville Bar Association. He has nearly a quarter-century of legal experience.
Stephen Thomas is licensed in Illinois, Kentucky, and Indiana. He is a member of the Indiana Trial Lawyers Association, Evansville Bar Association, and Kentucky Justice Association.
Chapman Injury Lawyers will negotiate a full and fair settlement that provides for all of your needs following your accident. When an insurance company refuses to provide an adequate amount, we will not hesitate to file a lawsuit.
Our team of knowledgeable trial attorneys handles every case on a contingency fee basis. This means that you do not pay any legal fees until you receive a monetary award.
Collisions with motor vehicles account for a significant number of bicycle crashes. Some of the most common kinds of accidents include, but are not limited to:
It is essential to understand that not all bicycle accidents involve motor vehicles. Some crashes are entirely isolated incidents, but other parties could still be liable in these cases.
A couple of the most common kinds of scenarios in which another party could be responsible for a bicycle accident include:
Bicyclists often suffer life-changing injuries in most accidents. Victims will face very long and challenging roads to recovery.
In addition to the enormous costs for immediate medical care, there can often be several rounds of follow-up care. All of this occurs while a victim is unable to return to work.
Some of the most common kinds of bicycle accident injuries include, but are not limited to:
When a bicyclist is killed in a crash, that person’s family should explore whether there might be a liable party who could be the defendant in a wrongful death lawsuit.
You will always want to contact the local law enforcement agency to file a police report after any bicycle accident, but your primary concern always needs to be getting medical attention. Even if you do not think that you were harmed in a bicycle crash, you should still visit a hospital and undergo an evaluation to ensure you did not suffer an injury with delayed symptoms.
Whenever possible, you should also try to take as many pictures as you can at the scene of your accident. If any people saw your collision, try to get some contact information from these individuals in case they serve as witnesses when there is any dispute over liability. Finally, try not to talk to anybody about your accident and be especially careful not to post anything about the crash on social media websites. Make sure that you talk to a lawyer before you talk to an insurance company.
Indiana Code 34-11-2-4 and 735 Illinois Compiled Statutes (ILCS) 5/13-202 both establish that a bicycle accident victims have two years from the date of an accident to file a lawsuit, but Kentucky Revised Statute § 413.140(1)(a) only gives a person one year to commence legal action. All three of these states provide specific exceptions to their respective statute of limitations, however.
For example, Kentucky Revised Statute § 413.170 provides that when a victim is “an infant or of unsound mind” (meaning under 18 years of age or legally incapacitated), the person will have one year to file from the date they turn 18 years of age or are no longer incapacitated. Indiana Code § 34-11-6-1 and 735 ILCS 5/13-211 similarly allow for the limitations period to be tolled (or delayed) when a victim is under disability, such as being a minor or being incapacitated. Victims will have two years to file from the dates their disabilities are removed.
Indiana Code § 34-11-4-1, Kentucky Revised Statutes § 413.190, and 735 ILCS 5/13-208 also provide that when a defendant leaves the state, their period of absence will not be counted against the limitations period.
This will depend on the state that your accident occurred in. For bicycle accidents in Kentucky, victims are always able to obtain damages because the state uses a pure comparative fault system, which means the people can file lawsuits even if they were predominantly at fault. A victim’s percentage of negligence will reduce awards, so a bicyclist who is awarded $100,000 in an accident they were found to be 75 percent at fault for will have their award reduced by $75,000 and receive $25,000.
Indiana and Illinois both use modified comparative fault systems, which means you can only file a lawsuit when you were not more than 50 percent at fault. People who are 51 percent more at fault are prohibited from recovering damages, and all victims can again have their damages reduced in proportion to their own negligence.
Did you sustain catastrophic injuries or was your loved one killed in a bicycle accident in the greater Evansville area? You will want to work with a law firm capable of handling cases in Indiana, Kentucky, and Illinois.
Chapman Injury Lawyers will take care of everything involved in your case so you can focus on your recovery. Call (812) 461-6261 or contact us online to receive a free consultation.
Don’t face this alone.
NEIL CHAPMAN, LAWYER
Rebecca Stock B.