Facts About Confirming Fault in a Motorcycle Accident

Posted on May 27, 2022 by admin

When it comes to determining who is at-fault for your motorcycle accident, the first factor that matters is the state in which the accident took place. There are both “at-fault” and “no-fault” states, so depending on which state your accident was in will influence who is held accountable for the losses and damages incurred because of the accident. Some states hold no one accountable, some states put the responsibility on one person or the other, and some states use a formula that considers how much each individual contributed to the accident.

If you are a recent victim of a motorcycle accident that caused you serious injury, it is in your best interest to consult with an experienced personal injury lawyer for help understanding your state’s laws surrounding tort law, liability, and more. In the meantime, continue reading to learn some additional information about motorcycle accident claims and liability.

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Motorcycle Accidents in No-Fault States

If you were involved in motorcycle accident in no-fault state, such as Florida, Michigan, New Jersey, New York, or Pennsylvania, it is likely that your damages and losses will be compensated for by your own insurance company. If the compensation is not enough, you can file a claim to recover more. For this reason, it is important to obtain sufficient insurance if you live in such a state. Your policy should cover injuries, medical expenses, and bike damage.

Motorcycle Accidents in At-Fault States

The process is different in at-fault states because motorcycle victims file accident claims with the at-fault person’s insurance company, rather than their own. Although, if the at-fault person does not have enough insurance coverage, you can make an underinsured claim through your own motorcycle insurance carrier. The degree of fault is taken into consideration when deciding how much compensation will be awarded to the victim. This is called comparative fault. Indiana is an “at-fault” state where the injured person can recover for their damages so long as they are not more than 50% at-fault. For example, if the jury says the defendant is 60% at fault and the plaintiff is 40% at fault, the plaintiff wins but their total verdict is reduced by their own percentage of fault which was 40%.

What You Should Do as a Motorbike Accident Victim in Indiana

Speak with an experienced motorcycle accident attorney in Indianapolis to decide the best strategy for filing a personal injury claim in the state your accident took place. If you are a resident of Indiana and you are injured in another state, contact our law office and we will work with another attorney in the state you were injured in to help you receive full and fair compensation. You will not pay higher attorney fees for having attorneys in two different states. Even if the accident was not recent, you may still be able to file a claim against an at-fault party if the statutes of limitations has not yet run out.

Are you looking for skilled personal injury attorney to represent your recent bike accident case in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to meet with a seasoned motorcycle accident attorney in Indianapolis, Indiana who can recover the settlement you deserve. We represent victims all throughout the state of Indiana and Indiana residents injured in other states.

What You Need to Know About Bicycle Accident Personal Injury Claims

Posted on May 20, 2022 by admin

Spring is in full swing, which means an increased opportunity for outdoor fun. Bicycles, tricycles, scooters, roller blades, and more are all traditional springtime activities for adults, teens, and kids alike. It is a fun and healthy recreational pastime that allows us to get outdoors, spend time with our loved ones, and enjoy the nice weather. Unfortunately, bicycle safety is pushed under the rug all too often, and because of this, accidents happen. Even when safety is properly considered, there are incidents that can take place out of our control. For this reason, all cyclers bike enthusiasts should know their rights if injured on a bicycle at no fault of their own.

Continue reading to learn what you need to know about filing a bicycle accident personal injury claim in Indiana after being wrongfully injured on your bike.

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Indianapolis Bicycle Accident Causes and Common Injuries

There are two main types of bicycle accidents that result from negligence outside of a rider’s control: motor vehicles and bicycle defects. If a car, truck, or product defect causes an accident that results in a rider’s injury, liability falls on them, not the rider. Both situations can lead to serious personal injuries to a cyclist.

Several serious injuries can result from bicycle accidents, such as brain damage, traumatic brain injuries, comas, concussions, broken bones, spinal cord injuries, paralysis, and even death. These injuries can be life-threatening or permanent in severe situations. According to the National Highway Traffic Safety Administration (NHTSA), from the years 1932 to 2008, more than 50,000 bicycle-related deaths occurred.

These alarming statistics do not even include injuries and deaths sustained from bicycle defects. According to the same statistics, in the year 2008 alone, more than 50,000 cyclists were injured in negligent traffic accidents. The most devastating truth among these statistics is that in 2008, 13% of bicycle accident fatalities were children. Bicycle safety is something everyone needs to take seriously. We can stop these accidents from taking place with responsible driving and education at a young age.

Defective Bicycles

As for product defects and bicycles, there is not much we can do to stop these unfortunate and unforeseen incidents from happening. We can only hope and trust that bicycle manufacturers are working hard at preventing problems with their products and doing their best to improve their product’s safety value. The most common defects seen in bicycle accidents include problems with bolts, screws, composite forks, aluminum frames, and similar components.

Making an Injury Claim After a Bicycle Accident

In the case that a person is seriously injured in a bicycle accident as a result of another driver’s carelessness or bike defect, it is crucial to contact a bicycle accident personal injury attorney immediately. All states have a statute of limi t ations that set forth how long a victim, or their family, has to file a personal injury claim. Once this time frame runs out, a victim can no longer lawfully sue for full and fair compensation.

A licensed Indiana personal injury lawyer can help victims of bicycle accidents obtain compensation for their damages, such as pain and suffering, medical expenses, hospital bills, prolonged rehabilitation, lost wages, time of work, and much more. Licensed accident attorneys with extensive experience and knowledge will try to negotiate and settle out of court for their clients if possible. Be sure to choose a law firm that has your best interests at heart and in mind.

Were you recently injured in a wrongful bicycle accident in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to meet with a seasoned Indianapolis Indiana personal injury lawyer you can trust to recover the settlement you deserve. We represent victims all throughout the state of Indiana and Indiana residents injured in other states.

Frequently Asked Questions About Indiana Electric Bike Laws

Posted on August 13, 2021 by admin

Electric bicycles, or “eBikes”, have become an increasingly popular pastime for people of all ages, all around the world. Many cities offer electric bike rentals and electric bike tours, but if you want one for yourself, eBikes can be purchased at a local bike shop or sporting goods store, or through an online retailer.

Although they come with a hefty price tag, those who own or have ridden one are likely to testify to their value. But as fun as electric bikes may be, it is important to recognize that they are also motorized, which means they can pose serious injuries in the case of an accident. So, before you purchase or rent an electric bike in Indiana, it is encouraged to educate yourself on the local eBike laws.

Start by reviewing these frequently asked questions about Indiana electric bike laws, and what to do if you are seriously injured on one because of another’s negligence or eBike defect.

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Electric Bicycle FAQS

What is an Electric Bike?

Here in Indiana, an electric bike is any bicycle that is assisted by an electric motor, 750w or less. There are 3 classifications of electric bicycles in our state, class I, class II, and class III electric bikes.

Class 1 electric bicycles come with a pedal-assist feature but are also equipped with a motor that switches off when the bicycle reaches 20 miles an hour.

Class II electric bicycles do not come with a pedal-assist. Instead, they are equipped with a motor that fully propels the bike but switches off when the bicycle achieves 20 miles an hour.

Class III electric bicycles have motors that only turn on when the rider peddles. The motor turns off when the rider stops peddling or if the bike achieves 28 miles an hour.

Does a Person Require a License or Permit to Operate Electric Bicycle?

In Indiana, there is no licensing or permit required to legally operate electric bicycle regardless of class. There are also no registration requirements if you choose to purchase an electric bicycle.

Does Indiana Set Any Restrictions on Motor Power or Throttle?

As mentioned, Indiana defines an electric bike as any bicycle that is assisted by an electric motor of 750w or less. For all electric bicycles, mopeds, and scooters, motor power and throttle must be below 750w.

Does Indiana Set Any Age Restrictions on Operating an eBike?

Here in Indiana, to legally operate a Class III electric bicycle you must be at least 15 years old. Anyone under the age of 15 is allowed to ride as a passenger, so long as the electric bicycle is designed to accommodate a passenger.

Does Indiana Have Any Helmet Laws Regarding eBikes?

Yes, anyone under the age of 18 years old is required by law to wear a helmet when riding on an electric-powered bicycle.

Can I Ride an Electric Bicycle on the Street in Indiana?

In Indiana, electric bicycles are legally permitted to be ridden on any street or roadway so long as there are not any signs restricting bicycle use in a particular area. The same regulation applies to trails and pathways in state and local parks.

Can I Recover Damages After Being Injured on an Electric Bicycle?

If you are injured while riding electric bicycle, it is important to seek medical attention right away and document all treatments and diagnoses. Obtain witness names and phone numbers and take photographs and always call the police so they can document the incident as well. Then contact an Indiana personal injury lawyer to learn your rights for pursuing legal action against a negligent bike rental company, a negligent driver or manufacturer. If your injuries were a result of an eBike manufacturing defect, negligent eBike tour guide, another eBike rider, or a car, you may be entitled to compensation for your medical expenses, hospital bills, lost wages, and more.

Were you wrongly injured on a bicycle in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with an experienced Indianapolis personal injury lawyer. We represent clients throughout the State of Indiana.

You Should Also Read:

Are Bicyclists Considered Drivers if They Ride on the Street?
How to Make Your Own Bicycle Safety Kit
Were You Injured Because Someone Ran a Red Light?

Indianapolis Personal Injury Lawyers 317-881-2700 — Schedule a Free Consultation!

Are Bicyclists Considered Drivers if They Ride on the Street?

Posted on May 18, 2021 by admin

Are people on bikes considered drivers or pedestrians if they are riding in the street rather than on the sidewalk? When attributing fault for an accident, does this distinction matter? And is it legal for them to block traffic? If you were recently injured by a negligent cyclist as a driver or pedestrian, you will want to know this information and more.

Continue below to learn what most state laws say about bicyclists’ rights on the road, as well as what you should do if you were injured in a related personal injury accident that was not your fault.

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Understanding a Bicyclist’s Rights on the Street

If a bicyclist was riding recklessly, whether in the street or through a crossing, and they caused you to have a car accident, it is complicated to know whether or not they will be considered a driver or pedestrian when it comes time to assign liability. It is important to speak with a licensed personal injury lawyer who can explain the laws surrounding such situations, and how they are applied in the case of an accident claim. The truth is that cyclists’ rules and rights are positioned in a cloudy area of the law. Most states leave it up to their local municipalities to make and uphold such laws, which tend to further muddle the distinction between a cyclist being a pedestrian or driver.

However, even with the freedom of creating their own laws for bike riders, most jurisdictions remain in agreeance with the Uniform Vehicle Code, which states that those operating bicycles on the street are subject to the same traffic rules and responsibilities as those operating motor vehicles, and therefore, are considered drivers themselves, except where the law says otherwise.

Bicycles are Typically Viewed as Vehicles

The universally-accepted principal among most municipalities is that a bicycle is a type of a vehicle, so anyone operating a bicycle on the street is considered a driver. Some states actually mandate that bicycles have license plates if they are to be ridden on the road, while others require helmets or even a registration. In all states, it is illegal for anyone to ride a bicycle on the freeway or interstate, unless there is no other alternative route.

Cyclists Must Stay Right and Ride in the Same Direction as Traffic

Most states have provisions in their statutes that decree how far to the right a bicyclist should be when riding on the road. Although many people misread the statute and assume that it says riders should stay as far right as possible, it really says to say as far right as practicable. Furthermore, bike riders are required in most states to ride in the same direction as traffic, with a few exceptions, such as cross-traffic turns or to avoid a hazard.

Injured By a Negligent Bike Rider?

Bicyclists are not often considered pedestrians in the case of an accident that results in a personal injury. They do not usually have the right-away on crosswalks like those on foot do, and they can be held liable in the case that their carelessness causes a car accident, or some other type of serious accident. If you or your loved one recently suffered serious injuries after being involved in a car accident caused by a irresponsible cyclist, get in touch with an Indiana car accident injury lawyer right away.

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a certified and skilled personal injury lawyer if you were injured in a car accident caused by a bike rider in Indiana. We are well-versed in Indiana bicyclist liability laws, and can ensure your rights to being compensated are fully-protected, and most importantly, upheld. Our Indianapolis car accident attorneys will obtain the maximum settlement or verdict for your personal injury claim, regardless of the size or scope of your accident.

Ready to get started on your financial recovery after a bicycle accident in Indiana? Contact us soon to schedule a free case evaluation, which can be held via phone, video conference, or in-person at our Indianapolis law office. Act fast to preserve your rights, before the statute of limitations runs out on your claim.

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Bicyclists and Drivers: Who’s At Fault in the Case of an Accident?
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How to Make Your Own Bicycle Safety Kit

What to Do if Your Child Was Injured by a Polaris Vehicle in Indiana

Posted on October 27, 2020 by admin

Polaris vehicles have been gaining popularity among children and teenagers over the past several years. With their off-roading, side-by-side designs, it is no wonder that minors have taken so quickly to these recreational all-terrain vehicles (ATV’s). Taking notice, Polaris exclusively marketed certain models, specifically a youth sport side-by-side, to children, describing a thrilling and fun experience for ages 10 and up.

But unfortunately, there have been some serious accidents involving Polaris off-road vehicles; accidents that have resulted in severe injuries and fatalities to kids in particular. You would think that these children’s accidents were caused by operator negligence in some way, but that is not necessarily so. Some of these accidents were caused by a manufacturer defect in Polaris vehicles. As a response, certain models of Polaris have been officially recalled.

If your child was injured as a result of a recalled Polaris vehicle, your next step is to retain professional counsel, and learn your rights to pursuing legal action against the manufacturer. Continue reading to learn which models of Polaris vehicles have been recalled, what types of accident they are causing, and how to contact a personal injury law firm to get started on your Polaris lawsuit in Indiana.

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Polaris Vehicle Recalls

Polaris has manufactured numerous models of ATV’s and recreational vehicles. But between the years of 2008 and 2018, the company had to recall hundreds of thousands of off-road recreational vehicles because they were defective. Not only were they discovered to have crash hazards, they were also major fire hazards.

The 2015 and 2017 Youth RZR 170 were two of the primary models of Polaris vehicles to have these fire and crash manufacturer defects. A faulty fuel pump ring on the 2015 model caused leakage issues, which resulted in many fires and explosions. The 2017 model also caused fatal fires and explosions due to a cracked fuel tank, faulty wiring that was prone to overheating or short-circuiting. And these are not all. Many more youth-marketed models have been recalled for defects that caused serious collisions and crashes.

Not sure if your child has a recalled model? REVIEW THIS LIST OF POLARIS RECALLS

Polaris Accident Claims for Injured Children

Although Polaris equipped their youth vehicles with parental speed controls and safety kits, they were not comprehensive enough when it came to providing children full protection. For this reason, they could be found negligent, and any child who has suffered serious injuries as a result of a Polaris accident needs justice.

How to Make a Polaris Accident Claim in Indiana

If you or your child is a victim of a recalled Polaris accident in Indiana, contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 as soon as possible. Our seasoned personal injury attorneys specialize in both product liability and child injury lawsuits, and offer free case evaluations to hear your accident case. If you have a valid claim, we begin working on your case immediately without requiring any upfront lawyer fees. We have a zero pay guarantee, which means you pay us nothing until we recover a settlement or verdict for you. We serve clients in Indianapolis and throughout the state of Indiana.

How to Make Your Own Bicycle Safety Kit

Posted on July 27, 2020 by admin

With all the recent events of the year, people are spending more time outdoors. One of the most popular and budget-wise outdoor activities for people of all ages is bike riding. Although one of the oldest pastimes in America, bike riding has taken on many modern and innovative features today, which can pose new safety threats and risks. You see, bike riders are especially vulnerable on the roads, and often times, become victims of serious accidents and injuries. From conventional bipedal models and tandem seaters, to electric bicycles, motorbikes, scooters, and more, regardless of the type you and your family rides, be sure you know how to stay safe as much as you can. A great way to ensure you are practicing bike safety is to carry a bicycle safety kit.

Continue reading to learn how to make your very own bicycle safety kit, and what to do if you are seriously injured in a bicycle accident.

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What to Put in a Bicycle Safety Kit

Bicycle safety kits come in many forms, and can be customized to meet your exact needs. Such kits may be available in a local cyclist store or sports shop, but it is cost-effective and fun to curate your own! You can assemble your own by choosing the general safety items and then adding in any additional items you think you might need. Not sure where to get started? Here are some recommended supplies and gear to include in a general bicycle safety kit for adults and children:

🚲 Helmet – Wearing a helmet is biking safety 101, regardless of your age. It is the first piece of safety gear to consider, and in many states, it is the law to wear one. Be sure to choose a quality helmet that is the proper size and fit.

🚲 Reflectors – Having reflectors is not only important for nighttime biking, it is also a good idea to have reflectors on hazy, foggy, or cloudy days. Reflectors can be worn as sashes and vests, or they can be attached to your bike on the front and back. They can be solar-powered or battery-powered, and they come in all different shapes, sizes, watts, and fits.

🚲 Tools – There are various tools you can add to your kit to ensure safer, easier biking in the case of an incident. The collection of bicycle tools you choose to add to your kit will largely depend on your level of biking ability, and the type of biking you’ll be doing. Standard tools include a tire puncture repair kit, tire pump, and a pocket-sized tool kit, while more advanced tools may include a spoke wrench, screwdriver, and chain tools.

🚲 Water – Biking exerts energy and burns calories, so it is important to stay hydrated. Always carry a bottle or thermos of water with you when you ride.

🚲 First Aid Kit – Perhaps one of the most important components of a bicycle safety kit is a first aid kit. Such kits come prepackaged and can be purchased at your local pharmacy or department store. You can also make your own first aid kit, and include items such as bandages, alcohol wipes, antiseptic spray, antibiotic ointment, gauze, elastic bandage, adjustable arm sling, cotton balls, and eye drops.

If Involved in a Serious Bicycle Accident

If you or a loved one is seriously injured in a bike riding accident, your first priorities are to seek immediate medical attention and to make a police report. Keep in mind that an onset of injuries could occur later. If your bike accident happened due to another person’s negligence, your next step after medical treatment is to hire a licensed personal injury lawyer. We will seek to recover full and fair compensation for your damages and losses on your behalf. Just be sure to act fast before the statutes of limitations runs out and evidence can be lost if not accumulated quickly.

How to Get Started on Your Indianapolis Bicycle Accident Claim

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with an Indianapolis personal injury lawyer who can help you gain control of your life and who will take some of the stress off of you after suffering a serious bicycle injury or loss. We offer free initial consultations and never collect fees attorney fees unless we recover for you. We represent injured persons throughout the State of Indiana.

Can I Sue Someone and Collect from Their Insurance Carrier if They Injured Me in a Bike Accident?

Posted on May 22, 2020 by admin

There have been numerous bikers who have been successful in lawsuits against negligent drivers and collecting the judgment against the negligent driver’s insurance company. However, the specific details and circumstances surrounding your particular bike accident claim will determine whether or not you have grounds to sue and a valid claim.

Continue reading to learn what you need to know about bike accidents, including your rights to compensation.

Personal Injury Bike Accident Attorneys 317-881-2700

Information for Bike Accident Victims

When a bike accident victim has a valid claim, they can hire a personal injury attorney to represent their best interests in recovering compensation for their damages. Such lawyers work on a contingency-fee basis, which means clients do not pay anything out of pocket for their services. In a contingency fee arrangement, a client only pays their lawyer for their services if they recover a settlement or judgment. See our blog, “What are Contingency Fees?” to learn more about this common accident law firm payment arrangement.

Your Rights as a Bike Rider

Just like pedestrians, cyclists also have rights on most roads. In the eyes of the law, so long as bikers are adhering to all local, state, and federal laws pertaining to road and traffic, their rights must be respected by all others, both drivers and pedestrians. In the case of your recent bike accident, if you were on a road that permits cycling and bicycle traffic, and a driver acted negligently, the law will most likely deem the driver at-fault for the accident. Accordingly, you would be on track for a successful bike accident claim if you were obeying all rules of the road leading up to your accident.

Common examples of driver negligence that can cause bike accidents include speeding, swerving, changing lanes without signaling or looking, drunk driving, drugged driving, texting, distracted or inattentive driving and fatigued driving. Other scenarios that strengthen a bike accident victim’s case would be if the driver were playing music too loud, using the phone, driving with multiple passengers and similar distracting actions. Also, having tinted or obstructed windows on a car can make a victim’s claim stronger.

As a biking accident victim, your best chance at recovering the full and fair compensation is to contact a seasoned personal injury attorney who is well-versed in bike accident claims. They have the knowledge, skills, and resources to obtain a settlement you deserve for your damages and losses.

How to Get Started on a Bike Accident Claim in Indiana

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for trusted bike accident personal injury representation in Indianapolis, Indiana and throughout the State of Indiana. Our seasoned bicycle accident attorneys work hard to ensure our clients’ rights to full and fair compensation. We offer free initial consultations to review your case with you, and we never collect attorney fees unless we prevail for you!

Craven, Hoover, & Blazek P.C.

Category Archives: Bike Accidents