Quick Answer: Yes. If you were hurt in a bicycle accident in Carmel because a driver was careless, you may be able to file a personal injury claim. Your claim can depend on how the crash happened, who was at fault, what evidence is available, your injuries, and the insurance coverage involved.
A bicycle accident involving a vehicle can raise questions about fault, right-of-way, medical bills, property damage, and insurance. In Indiana, bicyclists generally have many of the same rights and duties as other roadway users, so the actions of both the driver and the bicyclist may need to be reviewed.
When Can a Bicyclist File an Injury Claim?
You may have a claim if a driver caused or contributed to the crash. This could happen if a driver failed to yield, turned across your path, entered or crossed a bike lane without enough care, opened a vehicle door into your path, or was distracted.
Indiana guidance tells drivers to watch for bicyclists, yield to them as they would other vehicles, avoid turning across their path, and check for cyclists before opening a vehicle door.
The main question is whether the driver failed to use reasonable care and whether that failure contributed to your injuries.
Who Had the Right of Way?
Right-of-way depends on the road, traffic signals, lane markings, and what the driver and bicyclist were doing before the collision.
For example, a driver turning right should avoid turning across the path of a bicyclist approaching on the right. A driver turning left should also wait for an approaching bicyclist to pass before turning across the cyclist’s path. Indiana guidance also tells motorists to yield to bicyclists using designated bicycle lanes.
Bicyclists also have responsibilities. Indiana law generally gives a person riding a bicycle on a roadway the same rights and duties that apply to drivers, except where bicycle-specific rules apply.
That means fault may depend on what both people were doing, not simply on the fact that a car and bicycle were involved.
What Evidence Can Help After a Bicycle Accident?
Evidence can help show how the crash happened and who may be responsible. Useful evidence may include photos of the scene, video footage, witness statements, police reports, medical records, road markings, and damage to the bicycle or vehicle.
Try to preserve evidence early. Security or traffic video may be erased, witnesses can become harder to reach, and damaged property may be repaired or replaced.
What Injuries Can Happen in a Bicycle Accident?
Bicyclists have little physical protection in a collision, so injuries can range from cuts and bruises to fractures, head injuries, and neck or back injuries.
Medical records can help document the injuries, treatment, and expenses connected to the crash.
Can You Recover the Cost of a Damaged Bicycle?
A claim may include property damage as well as injury-related losses. Depending on the circumstances, that may include damage to the bicycle, helmet, clothing, phone, or other property.
Photos, purchase receipts, repair estimates, and replacement costs can help document those losses.
What If the Driver Says You Were at Fault?
The driver’s statement alone does not decide responsibility.
Indiana uses a comparative fault system. If both the driver and bicyclist contributed to the crash, the bicyclist’s share of fault may reduce the amount they can recover. In some cases, their level of fault can prevent recovery altogether.
Photos, video, witness accounts, traffic signals, road markings, and police reports can help show what actually happened.
What Insurance May Cover a Bicycle Accident?
If a driver caused the crash, the driver’s auto liability insurance may be one source of coverage.
Insurance questions can become more complicated if the driver does not have insurance, does not have enough coverage, disputes fault, or has limited policy limits. Depending on the circumstances, other available insurance may also need to be reviewed.
The policies and facts of the crash should be checked before assuming there is only one possible source of coverage.
What Should You Do After a Bicycle Accident in Carmel?
Get medical care if you are injured. If possible, take photos of the crash scene, your bicycle, the vehicle, road conditions, lane markings, and any visible injuries. Collect the driver’s contact and insurance information, witness details, and police report information.
Keep your damaged bicycle, medical bills, repair estimates, receipts, and other records related to the crash until the claim has been reviewed.
When Should You Speak With an Attorney?
It may be helpful to speak with an attorney if your injuries are significant, fault is disputed, or there are questions about insurance coverage.
Dennis, Wenger & Abrell, P.C. represents clients in personal injury matters in Indiana. If you were injured while riding a bicycle in Carmel, the firm can review the crash, the available evidence, and the insurance issues that may affect your claim.
Frequently Asked Questions
Possibly. If the driver caused or contributed to the crash, you may be able to file a personal injury claim. The facts, evidence, injuries, and insurance coverage all matter.
The driver’s statement alone does not decide fault. Traffic signals, road markings, video, witnesses, and other evidence may help show who had the right of way.
Possibly. Indiana’s comparative fault rules may reduce the amount you can recover based on your share of responsibility. In some situations, your level of fault can also prevent recovery.
Yes, if possible. The bicycle may help document how the crash happened and the amount of property damage. Avoid repairing or disposing of it before it has been documented.
Other insurance coverage may need to be reviewed. The available options depend on the policies involved and the facts of the accident.
Need Help After a Bicycle Accident in Carmel?
If you were injured in a bicycle accident involving a vehicle, Dennis, Wenger & Abrell, P.C. can review the crash, the available evidence, and the insurance issues that may affect your claim.
Contact Dennis, Wenger & Abrell, P.C. to discuss your case.
This article is for general information only and is not legal advice. Every accident is different, and legal rights depend on the facts of the situation and applicable law.