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Riding a bicycle is healthy and economical. People in Fort Wayne ride their bicycles to and from work and for recreation and exercise. Unfortunately, bicycle accidents often leave the rider with serious or life-altering injuries. If you can prove that another party’s negligence caused your crash, you can hold them financially accountable for your damages.
The cyclist is significantly disadvantaged in most accidents involving a bicycle and another vehicle. The bicyclist has little protection from a 5,000-pound car or the hard surface of the street or pavement. However, just because the cyclist is more likely to sustain the lion’s share of the injuries, proving that the driver was completely to blame is not easy. Insurance companies and defense attorneys will often argue that the bicyclist’s own conduct contributed to or caused the crash. In Indiana, that could bar you from receiving the compensation you believe you deserve.
If you are hurt in a bike accident, it is crucial to have an experienced attorney fighting for your rights. Our Fort Wayne, IN bicycle accident lawyers understand injured cyclists’ challenges. Contact Wruck Paupore at (765) 754-4717 to start building your injury case.
Bikes are often ridden in the same area as cars, and cars are a significant factor in many bike accidents. Drivers on the road often fail to look out for bike riders because they are smaller, moving slower, and many drivers feel no need to share the road. Our Fort Wayne, IN bicycle accident lawyers can help you get compensation for your injuries.
Distracted driving is a serious concern when it comes to bike accidents. Texting while driving, talking on the phone, or simply not paying attention can lead to a collision with a bike rider. Distracted drivers might fail to stop or slow down as they approach a bike rider in front of them or drift into the bike lane and strike a bike rider.
Drunk drivers are another common cause of bike accidents. When drivers are intoxicated behind the wheel, their reaction times and reflexes are slower. Even if they notice a bike rider, they will likely not react quickly enough and cause a collision.
Sideswiping occurs when a car does not hit a bike rider head-on but hits them from the side from driving too close next to them, causing the bike rider to fall. Sideswiping is more than merely brushing up against a bike rider, and riders are often thrown to the pavement from the force of the vehicle. Sideswiping may lead to very serious or even fatal injuries.
If a driver fails to use their turn signal when sharing the road with bike riders, a bike rider might crash into the vehicle as it makes a turn. Bike riders and other vehicles rely on drivers using their turn signals so they know to slow down when a car is making a turn. Failing to signal or not checking blind spots may lead to a crash with a bike rider.
Drivers are required to be vigilant and keep a proper lookout, including for bike riders, pedestrians, and other cars they share the roadway with. Unfortunately, many drivers regard bikers as a nuisance and do not treat them with the same respect as they would another car. This can result in drivers hitting cyclists as they cross intersections, make left turns, or perform other common cycling maneuvers.
“Dooring” accidents often occur in parking lanes that run alongside bike lanes. The car involved in the accident is usually parked, and the driver opens their door without first checking for oncoming bikes. Bike riders might violently crash into doors because they have no time to stop.
When you are lying on the ground after your bike was struck by a car, you might be dazed, confused, and not sure what you should do. However, the steps you take immediately following a bicycle accident will impact your injury claim.
You should immediately call the police. The police will ensure medical personnel is dispatched to the accident scene. The responding officer or officers will also conduct the initial investigation into the crash. A police report includes valuable information that our Fort Wayne personal injury lawyers will rely on when building your case.
In your injuries allow, you should begin gathering evidence. Talk to people who saw the crash and collect their contact information. Take pictures of the accident site, including the position of the vehicle, your bike, and any road conditions that might have contributed to the crash.
You should not refuse medical attention if it is offered at the accident scene. Having contemporaneous documentation of your injuries is vital in supporting your injury claim. Furthermore, you should see your doctor as soon as possible. Remember, one appointment is not sufficient to pursue an injury claim. You also want to follow any prescribed treatment.
Your damaged bike is an important piece of evidence. You should retain possession of the bike and not have it repaired. The damaged bicycle is a valuable tool in determining what happened.
You should not say anything that might jeopardize your injury claim. Do not sign any document before speaking with our Fort Wayne bicycle accident attorneys.
Most people will call a lawyer if they are injured in a car accident. You should do the same if you are hurt in a bicycle accident. Our office will investigate the accident, gather evidence, and work with any insurance companies to help you obtain the compensation you deserve. In some cases, this means filing a personal injury lawsuit.
After a Fort Wayne bicycle accident, the damages available would be the same as those available if you were hurt in a regular car crash. Bicycle accident victims are entitled to economic and non-economic damages if another’s negligence caused their injuries.
A bicycle rider has little to no protection if they are hit by a car. Unlike motorcyclists, a cyclist is not wearing protective clothing or a full-face helmet. This means that injuries are often serious, resulting in expensive medical treatment and physical therapy. Furthermore, an injured cyclist is likely to miss significant time at work. After a bicycle accident, your lost income, medical expenses, and other financial losses are recoverable.
In addition to the out-of-pocket losses, injured bicyclists may receive a monetary award for their non-economic damages. Unlike economic damages, these losses are intangible and challenging to calculate. Nonetheless, our Fort Wayne personal injury attorneys will work to see you are compensated for your emotional distress, physical pain, and other non-monetary harm.
After a bicycle accident, you can hold the person or people responsible for your injuries liable in a lawsuit. Many injured bike riders do not realize that determining every person potentially at fault may be a difficult question to answer.
In most cases, an injured bike rider can pursue recovery from the car driver who hit them after a bicycle accident. This may be simple to figure out if only one car was involved in the crash. However, things become more complicated if more than one driver was involved or if the driver fled the scene after a hit and run.
For instance, if a cyclist is riding along the shoulder and is sideswiped by a passing car, the driver of the car hitting the cyclist is likely responsible for improperly passing. However, if a car in an oncoming lane fails to provide proper room for that driver to provide proper space to the cyclist, that driver may also be liable. Likewise, if roads were not properly designed to provide for cyclist safety, municipal or government agencies may have some responsibility.
You can consult with our Fort Wayne, IN bike accident attorneys to determine what parties may bear potential responsibility and who may be liable to pay you damages as a result of your injuries. In some cases, only a single driver is to blame for the accident. In other cases, the drivers share liability, and it is important that you seek recovery for all of them. Part of an attorney’s job is to fully investigate evidence surrounding your injuries so every person who may be held accountable is identified.
If the defendant in your case was working when they hit you with their car, you might also be able to sue their employer under a theory of vicarious liability. For example, suppose a delivery driver injured you in a dooring accident. You can potentially seek recovery against the company the driver was working for at the time you were injured. Often times companies have much greater insurance available than individuals do, which can be very important in obtaining a full recovery if your suffered more serious injuries.
Keep in mind that you can pursue recovery against the employer only if the employee was acting within the scope of their employment at the time of the accident. If the driver was off duty or engaged in unauthorized activities, it may be more difficult to recover from the employer, although there may still be avenues of recovery against the employer that our lawyers can explore.
Proving another party was negligent is a key element if you want to be compensated for your injuries and damages. In Fort Wayne, injury claims are controlled by a modified comparative negligence rule. Under this rule, the accident victim’s conduct might significantly impact their award. For example, if a jury determined that a bicyclist’s actions contributed more than 51% to an accident, the injured victim will be barred from receiving any compensation. Furthermore, your compensation could be reduced by your percentage of fault. If a jury determined your total damages were $100,000 and held that you were 40% to blame, your compensation award would be reduced by $40,000.
Insurance adjusters and defense attorneys will often allege that a bicyclist was operating their bike unsafely or otherwise ignoring traffic rules and regulations to limit or eliminate liability. You need an attorney who will work to prove that another party’s actions caused the crash while defending your conduct.
One of the most crucial aspects of your bike accident lawsuit is evidence. You need evidence to prove the defendant is liable for your injuries. You can begin gathering evidence almost immediately after your accident if you are able. Our Fort Wayne, IN bicycle accident lawyers can use this evidence to get compensation for your damages.
After your bike accident, you can document the scene by taking pictures and recording videos. There may be crucial details about your accident contained in these photos and videos. For example, you might capture things like weather conditions, street signs, road conditions, traffic, and witnesses in your photos or videos.
You should try to exchange information with any witnesses at the accident scene if possible. Witnesses might include pedestrians who happened to be walking by when your accident happened, other drivers who stopped to help, or other bike riders—the more people that can back up your claims in court, the better.
It is also possible that a nearby home or business captured your accident on security camera footage. A video recording of your bike accident may be incredibly powerful evidence. In some cases, security camera footage helps injured bike riders identify drivers who fled the scene after a hit and run.
Do not forget your injuries when documenting evidence. Take as many pictures of your visible injuries as possible. This can be extremely powerful evidence in demonstrating the degree of injury that you suffered. As you begin to heal, continue to take photos of the process and make sure to take photos of any permanent scarring or visible injuries.
We will also use your medical records as evidence of your injuries. Your medical records are needed to establish the extent of your injuries, treatment, and any permanent limitations you may suffer from. If you are required to miss work because of you incident, this should be documented through an order issued by your doctor.
Fully documenting and treating for your injuries is extremely important in obtaining legal recovery. If you have injuries, pain, or other problems resulting from your injury, make sure that you tell your doctor so it is documented. It becomes more difficult to make a legal recovery for injuries if they are not mentioned in the medical documentation.
Car insurance might cover your bicycle accident even though you were not driving a car. Generally, as long as one person involved in the accident was driving, insurance may cover the crash. Indiana is an at-fault state when it comes to liability and car insurance, and injured bike riders will typically file third-party claims with the insurance policy of the driver or drivers who were responsible for the injuries. Our Fort Wayne, IN bike accident lawyers can handle these claims on your behalf to ensure that your receive the full recovery you deserve.
Much of the evidence you need to demand recovery as part of the settlement process is the same evidence that will be needed in the even that we need to file a lawsuit on your behalf. Items listed above like photos from the accident scene, medical records, and witness testimony will be skillfully presented on your behalf to force an insurance company to pay what you’re owed. In our experience, insurance companies are adept at delaying payments or finding excuses to pay less than what your case is worth. Our bicycle injury team works tirelessly so that this will not happen and to require insurance companies to meet their obligations.
If the driver in your case was uninsured or fled the scene, you may by able to rely on your own uninsured or underinsured motorist coverage if you have it. This kind of insurance is critical in hit and run cases where injured bike riders cannot file claims with the driver’s insurance because the driver cannot be found. It is also very important if you have suffered a serious injury, as the at-fault driver may not have sufficient insurance coverage to fully pay you what you’re owed.
After a bicycle accident, you have legal rights and need an experienced attorney that will fight for you. Our Fort Wayne, IN bicycle accident lawyers are committed to holding reckless drivers liable for the injuries they cause. For a free case evaluation, call the law office of Wruck Paupore at (219) 322-1166.
Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.
More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.
In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.
Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.
For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.
Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.
Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.
Contact Us:
Wruck Paupore P.C.
Injury Lawyers
275 Joliet St. Suite #250
Dyer, IN 46311
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