La Porte County Bicycle Accident Lawyer
Thousands of bicycle riders are injured each year in the United States by traffic collisions and hazards, an estimated 45,000 of them in 2015, says the Pedestrian and Bicycle Information Center.
La Porte bicycle accident lawyers are well-versed in this area of personal injury law and can help those who become a part of that statistic. If you have been involved in a serious bicycle accident, consult a compassionate personal injury attorney that can help.
Common Injuries in Bicycle Accidents
About one-third of bicycle accidents happen when a vehicle hits the rider, followed by falling (17%) and roadways in bad repair (13%), according to the National Survey of Bicyclist and Pedestrian Attitudes and Behaviors. With the rise of incidents caused by distracted driving, accidents between a car and a bicycle are also on the rise.
Because bicyclists have virtually no protection in a crash, head trauma and spine damage can happen, as well as fractured bones and lacerations. Care for serious life-changing injuries is expensive and long-term. A La Porte County bicycle accident lawyer can help individuals seek compensation for their injuries.
Negligence Law
Bicycle accidents fall under personal injury law, which is based on negligence. One definition of negligence is the failure to use the same due care toward others as a prudent person would use in a similar circumstance. An omission to act may also be the basis for a claim of negligence, such as driver failing to slow down when emergency vehicles are present.
Indiana has adopted the modified comparative negligence standard. This law holds those who have some fault in causing an accident financially responsible. For example, if a motorist has 20% of the fault only 80% of the motorist’s damages claimed.
However, if a bicyclist or anyone involved in an accident is 50 percent or more at fault, recovery of any damages is barred; known as the so-called 51 Percent Rule.
A judge or jury will determine the amount of negligence based on the facts of the case.
Proving Negligence in Bicycle Accident Cases
Negligence law has five elements and each must have proof for a successful negligent bicycle accident case in La Porte County.
- Duty of care. A person has a legal obligation to behave toward others and also, the public with caution and watchfulness.
- Breach. An act, or omission, violating duty of care.
- Cause in fact. The breach caused the accident.
- Proximate cause. A particular and foreseeable event occurred.
- Lastly, Damages. Actual financial loss resulted.
How a La Porte County, Indiana Bicycle Accident Attorney Can Help
A La Porte County bicycle accident lawyer can investigate the accident by searching for evidence to prove negligence. This includes collecting documents, such as a police report, insurance information, and other important records.
Three forms of evidence needed:
- Physical, from the accident scene
- Testimonial, statements under oath from those involved and witnesses;
- Documents, proof of financial costs, such as medical receipts and other records.
Depending on the severity of the injuries, the attorney can compile a list of damages. They will also calculate the amount of present and future costs for recovery to determine a figure. Your legal advocate could aggressively negotiate a settlement that gets the bicyclist the money they deserve. Contact us today!