How to Win a Car Accident Lawsuit

Posted on June 12, 2020 by admin

A motor vehicle accident can happen in a second. One moment someone is driving down the road peaceably, and the next minute they find themselves in the midst of a motor vehicle collision. Because there are so many factors involved in proving a personal injury case, it is important to consult a personal injury attorney for professional legal counsel.

Continue reading to learn what you need to know about how to win a car accident lawsuit if you are injured through the fault of another.

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Receiving Compensation Through a Settlement

Violating road signs, ignoring traffic signals, zipping through stop lights, not paying attention, speeding, driving under the influence, and several other types of reckless or negligent driving behaviors are common causes of automotive collisions that result in injuries. If a victim was injured as a result of another driver’s negligence, they will most likely be eligible to pursue compensation for their damages. In order to recover compensation for pain, suffering, medical bills, lost wages, and various other standard damages, a victim holds the burden of proving their case. A skilled personal injury lawyer will retain the proper resources, knowledge, and skills to effectively prove a case against the negligent party.

However, as an injured victim, you can also take certain steps to help increase your chances of recovering a settlement and being fully compensated, such as:

☑ Contact 911 and Get Medical Care

If you are ever involved in a car collision that causes you injury, the first thing you or the person with you needs to do is contact emergency services immediately. The most important concern is your health and safety. Contact 911 or some other type of emergency medical dispatch service for immediate medical attention. Once you are medically stable, you can take the next vital steps, which include seeing a doctor for your injuries and hiring a lawyer to represent your claim. See our blog, “Tips for Documenting Your Injuries After a Car Accident” to learn how to assess your own car accident injuries.

☑ File a Car Accident Report With Police

It is very important to have a police report filed with the details of the car collision and the injuries you sustained. With a police report on file, judges and juries can use the details as proof of evidence in your case. See our blog, “Are Police Reports Important to an Auto Accident Claim?” to learn how police reports can impact your case.

☑ Hire a Licensed Personal Injury Law Firm

You should always hire proper legal counsel. It is imperative to hire legitimate and licensed personal injury attorney services in order to have your best chance at recovering remuneration for your damages following a car accident. Accident attorneys are specialized and extensively educated and experienced in personal injury law. They have the legal resources and proficiency to effectively represent you in your case. Most law firms do not charge upfront fees for their services, and instead, collect their attorney fees once they win compensation for you. If they do not win compensation for you, you do not owe them any fees at all.

Indianapolis Personal Injury Lawyers You Can Count On

Call the Law Office of Craven, Hoover and Blazek P. C. at 317-881-2700 to secure your rights after a serious car accident injury in Indianapolis, Indiana. Seasoned personal injury attorneys, Daniel Craven, Ralph Hoover and Keith Blazek retain extensive trial and litigation experience in accident law and specialize in car accident and trucking cases. It is important to act fast after being injured in an accident because the sooner you act, the more likely your chances are of winning your claim and recovering compensation for your damages because evidence can be obtained before it is gone. Call 317-881-2700 to schedule a free initial consultation with a licensed car accident lawyer in Indianapolis, Indiana today.

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

Are Police Reports Important to an Auto Accident Claim?

Posted on May 26, 2020 by admin

Usually, no one walks away from a car accident and says it was no big deal. They are serious matters that have the potential to cause severe injuries and even death. For these reasons and more, auto accidents are scary, and tend to leave injured victims feeling confused.

If you are in a car collision, whether as a driver, passenger, cyclist, or pedestrian, one of the first steps you can take is also one of the most vital. After getting medical attention for yourself and others involved, be sure to contact law enforcement and make a report at the scene of the accident. In fact, it is required by law in most cases.

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Here in Indiana, the law requires individuals to immediately alert the local police department of a car accident in certain cases, including if:

It results in any form of bodily harm or death.
It causes over $1,000 in property damage.
City ordinance requires car accident reporting.
The insurance company requires car accident reporting.

Personal Injury Claims and Police Reports

Separate from your legal obligation to report a car accident to the nearest police station, it is in your best interest to do so for your own personal injury claim. You should always contact the police and have them come out and do a report as a general rule. There are some cases in which victims do not immediately feel or appear injured initially after an auto accident, but later on, sometimes hours, days, weeks and even months, develop serious symptoms and the injuries sustained during the collision begin manifesting themselves. This is known as an onset of symptoms, and is a common occurrence in car accidents. The amount of time an onset of injuries takes to appear varies from person to person.

Police are specially trained to investigate and evaluate the details of a car accident, and therefore, should accurately record a report that defines relevant details regarding the collision. A completed police report can protect your rights to recovering compensation in an insurance settlement or personal injury lawsuit for your losses by documenting evidence of the facts surrounding your case. Such reports usually provide a large amount of valuable information, such as:

Time, Date, and Location
Contact Information for All Parties Involved
Insurance Information for All Parties Involved
Statements from All Parties Involved
Witness Statements and Contact Information
Description of Injuries Reported at the Scene
The Officer’s Personal Account and Opinion of the Accident
A Diagram of the Accident Scene
Description of Road and Weather Conditions
Description of Vehicle and Property Damages
Pictures of Injuries, Damages, and Scene Surroundings
Description of Tickets Issued at the Scene By the Officer
And More

Because investigating police officers usually do not know the drivers involved, they are usually seen as unbiased witnesses to a car accident, and therefore, have no stake in the outcome of a personal injury lawsuit or insurance claim, their reports of an accident are highly valuable and persuasive forms of evidence in a case. Police can be, and are often, used as witnesses in car accident injury cases. Contact a licensed Central Indiana car accident lawyer for help navigating your claim on a course toward a full and fair financial recovery.

Who to Trust With Your Indiana Car Accident Claim

Contact the esteemed law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for help making a car accident injury claim in Indianapolis, Indiana. Seasoned personal injury attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, specialize in car accident claims, and are well-versed in Indiana personal injury law. We offer free initial consultations, we represent clients all over the State of Indiana and never charge lawyer fees unless we win your case. Schedule an appointment, and get started as soon as today.

Important Accident Claim Facts for Victims of a Head-On Collision

Posted on May 12, 2020 by admin

Most car wrecks are serious, but when it comes to head-on collisions, the consequences are generally more severe. Virtually all head-on collision car accidents result in some form of injury, whether physical, mental, emotional, or a combination of the three. Sadly, many also result in death. The Insurance Institute for Highway Safety reported that in 2018, 56% of vehicular fatalities were caused by head-on car accidents.

If you or someone you love was recently injured in a head-on car collision, it is vital that you consult with a licensed accident attorney as soon as possible to learn your rights to recovering compensation for your damages. Continue reading to learn some basic accident claim facts that will help you get started on the right path toward a full and fair settlement.

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Common Causes for Head-On Car Crashes

There are several things that can go wrong behind the wheel of a vehicle, making the list of possible causes for car accidents vast. However, head-on car collisions tend to be caused by the same types of negligence. Arguably, the top cause for such car accidents is distracted driving. Distracted driving can include a wide range of behaviors, from driving fatigued or under the influence, to texting, taking calls, addressing children or passengers, eating, reading, fidgeting with the stereo, searching through purses or bags, and similar actions.

Additional causes for head-on collisions include speeding, losing control of the vehicle, unsafe or illegal passing, and other types of driver errors. Our related blogs, “Most Common Injuries Caused By a Rear-End Car Accident” and “Top 5 Ways to Avoid a Serious Car Accident” can also give you insight on car accident claims and driving safety.

Accident Claims for Head-On Car Accidents

The law says that, as a driver, you have a duty of care when you drive on the road. If another driver breaches this duty of care, and as a result, collides head-on into a car and injures that driver and/or their passengers, the victims can seek damages in a court of law. In order to be awarded damages, victims must prove that the negligent party did breach their duty of care, which directly resulted in their injuries and subsequent losses. This is where a seasoned personal injury lawyer can help.

Personal injury lawyers have the knowledge and skills to help clients recover damages for current and future medical expenses and hospital bills, as well as, property damages, permanent damages, wrongful death damages, pain, suffering, and more. See our blog, “An Overview of Personal Injury Basics” will help you understand more about how the accident claim process works.

How to Get Started on Your Car Accident Claim in Indianapolis

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn the best course of action after being negligently injured in a serious car collision in Indianapolis, Indiana and its surrounding locations. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Schedule your consultation before the statutes of limitations runs out on your claim. We represent injured persons throughout the State of Indiana.

What To Do and Not To Do After a Car Accident

Posted on March 13, 2020 by admin

After being involved in a car accident that was not your fault, actions you take and decisions you make, can influence the total amount you receive in a personal injury settlement. For this reason, it is vital to know what to do and not to do after being involved in an auto accident caused by another driver. Continue reading for this information and more, as it can possibly make or break your car accident claim.

Insurance Companies are Not on Your Side

When you make a personal injury car accident claim, it is the at-fault party’s insurance company that will pay you your ultimate settlement or judgment if owed. However, insurance companies do not want to pay car accident victims. Their primary objective is to settle as quickly as possible for as little as possible, which is usually not a good thing for an accident victim.

Insurance companies will offer a paltry settlement and simply try to send a victim on their way. You see, within these insurance companies are hundreds of employees who work hard to argue that the value of your injury claim is low. They will use every resource in their power to reduce the settlement amount, which in turn increases their employer’s profits.

Fortunately, there are seasoned car accident attorneys out there who know the laws surrounding such claims inside and out, and can navigate through insurance adjuster tactics. They will provide cold-hard evidence to support a victim’s damages and losses and recover a full settlement.

What to Do After a Car Accident:

➀ Dial 911 and request police and paramedics for any injured persons.
➁ Tell the investigating officer how the accident happened.
➂ Seek medical attention at the scene and then at the hospital.
➃ Take several pictures and videos of the car and your surroundings.
➄ Contact a car accident injury lawyer to learn what your rights are.

What NOT to Do:

❌ Do not wait to get medical attention.

❌ Do not skip doctors’ appointments or treatments.

❌ Do not talk to insurance adjusters.

❌ Do not send out a demand letter.

❌ Do not sign a waiver or release-of-liability document or any other documents without talking with your attorney first.

❌ Do not accept cash for your damages and losses.

❌ Do not attempt to negotiate your claim yourself.

Talk to an Indianapolis Car Accident Personal Injury Lawyer Today

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for help with a car accident injury claim in Indianapolis, Indiana. Our seasoned car accident lawyers can help you recover the full and fair compensation you deserve after suffering a serious injury in a car accident. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Schedule your consultation before the statutes of limitations runs out on your claim. We represent injured persons throughout the State of Indiana.

The Most Serious Types of Car Accident Injuries

Posted on October 3, 2016 by admin

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Serious car accidents can lead to serious injuries; ones that place victims in the emergency room and even the mortuary. For this reason, driver, passenger, and automotive safety is critically important to protecting lives. When people are involved in traffic collisions, they can sustain a wide range of injuries, from superficial to severe. Superficial injuries generally recover within days with little-to-no medical treatment, such as minor bruises and airbag abrasions.

However, car accidents can result in serious injuries that require immediate emergency medical attention in order to prevent serious consequences and death. The most common types of serious car injuries range from serious to extremely severe, including whiplash, concussions, orthopedic injuries, and more. Continue reading to learn which car accident injuries are the most serious, and most common.

Severe Traffic Collision Injuries

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The most serious of injuries sustained from car accidents can lead to death if ignored and untreated, while many others can lead to death regardless of all the medical efforts made. If your loved one was recently killed in a car accident as a result of anothers negligence, contact a personal injury lawyer as soon as possible to file a wrongful death claim before the statute of limitations runs out in your state. They can recover compensation to cover funeral expenses, hospital bills, lost wages, loss of companionship, and more.

Serious Car Accident Injuries:

Compound Fractures – When a broken bone breaks through the skin and causes severe bleeding. This injury comes with a high risk of infection since the bone is exposed.

Tissue De-Gloving – When a portion of the skin is removed or torn off from the underlying tissue. This is common in motorcycle accidents.

Amputations – De-gloving injuries and more can lead to amputations of injured or affected extremities. Common amputations include ears, fingers, toes, hands, feet, arms, and legs.

Concussion – When the brain comes into contact with the inside of the skull as a result of a heavy impact or blow to the head. Concussions range from minor to severe. But severe concussions can lead to brain damage, internal bleeding, comas, and even death.

Brain Damage – Closed-head trauma. Brain damage can range in severity, but can cause cognitive impairment, learning disabilities, paralysis, blindness, and more.

Ruptured Organs – When an organ endures a heavy impact that causes it to tear. Rupture organs lead to internal bleeding in most cases. The most common include lungs, kidneys, and spleens.

Internal Bleeding – Internal hemorrhaging is blood loss that causes the accumulation of blood collecting inside the body cavity.

Coma – A state of unconsciousness that lasts more than 6 hours. It mainly occurs as a result of a heavy blow or impact to the head that injures the cerebral cortex or reticular activating system in the brain stem.

Car Accident Injury Lawyer

If you or someone you love was recently involved in a traffic accident and suffered serious injuries, you need to start thinking about your rights. When you are faced with confusing paperwork, expensive hospital bills, and aggressive interrogation from insurance adjusters, you need a personal injury law firm to help provide proficient guidance and legal support. A car accident injury lawyer can be the ones to handle all aspects of your injury claim, and potentially recover the full and fair compensation you deserve after suffering serious injuries from a car accident that was not your fault.

Indianapolis Personal Injury Attorneys

Personal Injury Law Firm 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 if you need a car accident injury lawyer in Indianapolis, Indiana. Seasoned personal injury lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek are eager to recover the full and fair compensation you deserve. We offer free initial consultations and never collect attorney fees unless we prevail for you. Call 317-881-2700 to schedule an appointment with our Indianapolis personal injury attorneys, today.

Suing the Government for Personal Injury Compensation

Posted on November 10, 2015 by admin

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There are certain rules that must be followed if you wish to file a personal injury claim against a person, company, organization, or other entity. But as for suing a governmental institution or organization for a personal injury, there are a completely separate set of meticulous guidelines and agendas. It is vitally important to hire an experienced attorney for personal injury claims against a government-operated establishment or organization.

They are the only professionals capable of protecting your rights and securing your future. The procedures and legal obligations involved in such governmental injury cases are very complex and demanding. A licensed accident attorney that concentrates on the type of injury you suffered is your best option for recovering full and fair compensation for your damages and losses. Continue reading to learn more about pursuing a lawsuit against governmental entities for personal injury they are responsible for, and who you can trust for accurate and proficient legal advice regarding your claim.

Governmental Organizations and Establishments

An injury can occur at the fault of several types of government establishments, services, and entities. Examples include government-owned buildings, city buses and trains, city subways, government officialdom’s like the post office, park, or library, and much more. Injury claims can be filed against the state, city, county, public agencies, public divisions, and federal governments. To have a valid claim against any of these parties, one must prove that their injuries and subsequent damages we caused, or partially caused, by a government entity or employ while performing their official duties. To do this, a special approach is necessary.

Suing the Government

The government has a different set of rules that decrees who can sue them and what they can be sued for. This is just another reason why hiring a licensed Indianapolis personal injury lawyer is so vital to your case. Your state has a very specific and strict set of guidelines that must be stringently followed in order to present a claim against any government entity. For example, one must formally file a written claim against the specific government employ or entity with in 30 to 60 days (or more depending on your state) of the accident. If all forms and files are not implemented properly and on time, a victim can lose their opportunity to recover compensation for good.

Valid Personal Injury Cases

One clear cut example of a valid claim against a governmental organization would be a city bus accident. If a person is injured while riding on a city bus, for reasons of negligence on the government’s behalf (i.e. intoxicated bus driver, reckless driving, bus defects, etc.), they are likely to have a strong and valid case against the city or county.

Craven, Hoover, and Blazek P.C.

Personal Injury Attorney Indianapolis 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a licensed personal injury lawyer about your recent accident in Indianapolis, Indiana. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek have extensive trial and litigation experience practicing personal injury law. We have the drive, determination, and skill necessary to recover the full and fair compensation you deserve after sustaining a wrongful injury. Call 317-881-2700 to schedule a free initial consultation and have your case evaluated by a knowledgeable accident attorney in Indianapolis, today.

Scene-of-the-Accident Tips for Minor to Moderate Personal Injuries

Posted on August 25, 2015 by admin

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If you or a loved one was recently hurt in a personal injury accident, it is vital to take the right steps directly after the incident to ensure and secure your rights down the line. For very serious accidents and injuries (brain injuries, concussions, spinal cord injuries, etc.), the most important step you can take is to receive immediate medical care. Once you are stable, the process can continue. Continue reading to learn what to do after being involved in a person injury accident, and how to get started recovering your expenses.

What to Do After a Personal Injury Accident

Be sure to always have a camera on you at all times. A disposable camera should always be kept in the glove compartment of your vehicle, and many people these days have cameras on their wireless phones. Capturing the injury on camera right after it occurs is a crucial step toward defending yourself in a personal injury case. Whether it’s a motor vehicle accident or a slip, trip, and fall, take as many pictures as you can of the environment, accident location, the injured area of the body (if applicable), and anything else that may have contributed to the incident. If you are unable to take pictures, ask the person with you to take them, or if alone, a friendly bystander. You will also want to ask about any surveillance cameras and videos so you can request a copy of your incident if it was recorded.

Personal Injury Lawyers 317-881-2700

The next step is to gather as much information from witnesses and persons involved. Get the names, addresses, emails, and phone numbers of all the people that saw the accident occur, and of the people who were involved. This can include a store manager, bystanders, customers, passengers in a car, and any other witnesses. Having proof of your story through the statements of witnesses will strengthen a case. You will need even more information from every person involved in the accident. Be sure to collect standard contact information, as well as drivers’ license numbers and insurance information.

When all pertinent information is collected, it is time to contact the police. Communicate all the necessary information and timeline of the accident. Be sure to tell them of any pain or discomfort you are experiencing. They will assist you with getting medical attention.

The final step to take after being wrongly injured is to contact a licensed accident attorney to file a personal injury claim in your city or county. A personal injury lawyer can recover the full and fair compensation you deserve after experiencing a traumatic injury or accident as a result of another person’s negligence.

File a Personal Injury Claim in Indianapolis

Personal Injury Lawyers 317-881-2700

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a personal injury claim in Indianapolis. Licensed accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are eager to win your case and obtain a full and fair settlement for your losses. We offer free initial consultations and never collect lawyer fees unless we win compensation for you. Call 317-881-2700 to schedule your complimentary consultation with a seasoned personal injury attorney in Indianapolis, IN today.

Examples of Nonfeasance in Terms of Tort Law

Posted on August 18, 2015 by admin

There are so many terms in regards to tort law that it can be confusing understanding what a simple sentence means in a legal or court document. Personal injury lawyers are the solution to comprehending confusing legal jargon and paperwork in the case that you are filing a claim against a negligent party. Some terms, like “negligence” and “liability” can be self-explanatory; but other terms, like “nonfeasance” can be quite the opposite. Continue reading to learn the meaning of the term nonfeasance, and examples of such cases.

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Intentional Failure to Act

Nonfeasance is a legal term used in tort law that describes an inaction, rather than an action. Nonfeasance is the act of intentionally neglecting to carry out a mandatory duty or obligation, and as a result of that neglect, someone is harmed or killed. Someone can be guilty of nonfeasance if and when a duty of care is owed to a person or group of people, a breach of that duty takes place, and that breach resulted in injury to that person or people.

Courts believe that people, even if they are not creating a dangerous situation, must still take proper action to prevent harm or danger to others. In most cases, this liability is for those with preexisting relationships only. For example, if an onlooker observes a stranger drowning, they cannot be held liable for harm or death to the stranger if they have no pre-existing relationship with them. On the other hand, if the onlooker and victim are not strangers to one another, there is a legal duty of care to help. In contrast, if the bystander is someone with a legal duty of care to help or protect, like teachers or lifeguards, then they CAN be held accountable for a victim’s drowning or injury if they neglect to take proper action to prevent harm.

Relationships that obligate a duty to act in terms of nonfeasance include spouses, family members, school and students, babysitter and child, employer and employees, jails and jailers, medical establishments and patients, driver and passenger, parents and children, lifeguards, EMTs, firefighters, law enforcement, and much more. Courts have also found a “duty to act” in cases where a person provides help for someone injured or in danger, but that help leaves the victim in worse condition because their actions were unreasonable, also referred to as misfeasance (performing poorly). For example: a person sees a car accident and stops to help the victim. They pull the unconscious victim from the vehicle and carries them to the side of the road. All of these actions turn out to be more harmful because the victim had serious neck and spinal injuries that called for special maneuvering and transportation by trained EMTs. By moving the victim themselves and hesitating to call 911, they put the victim in further danger. This means they can be held liable for nonfeasance, or failing to take the proper actions to prevent harm to another.

If you believe you or someone you love has been a recent victim of similar negligence, contact a licensed personal injury lawyer to learn your rights.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 and schedule a free initial consultation with a licensed personal injury attorney in Indianapolis. Accident attorney, Daniel Craven, is happy to answer your questions about personal injury claims, compensation, and more. We never collect lawyer fees unless we get money for you! Call 317-881-2700 for information about our personal injury practice areas and office locations in Indianapolis, IN today.

What is MedPay?

Posted on June 10, 2015 by admin

Every driver needs to have car insurance. But car insurance only covers damages to vehicles, not people. Fortunately, there is an additional type of coverage you can purchase to protect yourself and your passengers. It is called medical payments coverage, or MedPay insurance for short. It is a form of insurance coverage for “Medical Payments to Others”, rather than vehicles. In the case of an auto-related or motor vehicle accident, whether your fault or not, med pay insurance will cover the medical expenses of yourself and your passengers if injured as a result of the accident. Continue reading to learn more about MedPay, how it works, and where to obtain such insurance coverage.

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Medical Payments Insurance

Any medical costs that results from an auto-related or motor vehicle accident will be paid for by a medical payments insurance policy. It pays for and protects your passengers and yourself, but it does not cover medical expenses for the people in any other vehicles involved. That would require third-party insurance coverage. Medical payments coverage is usually set at a maximum limit of $25,000. All medical costs that exceed a MedPay policy’s limit has to be paid out of pocket, by health insurance, or third-party insurance.

There is a lot of confusion when it comes to understanding MedPay coverage. Many assume it is a type of health insurance, but it is only meant to cover injuries caused by auto-related accidents, and again, only has a $25,000 payout limit. Also, health insurance will only cover your injuries, not the injuries of your passengers. Instead, med pay is more like PIP, or Personal Injury Protection. Although both types of insurance are similar, MedPay differs from PIP because it only covers medical expenses, not lost wages or other damages, like PIP coverage does. We will further discuss PIP coverage in next week’s blog, so stayed tuned!

It is strongly encouraged to purchase MedPay insurance for anyone who regularly carpools as well as, for adolescent drivers. It is a lucrative expense that is well-worth it in the end. Also, medical payments insurance has to be purchased for every single vehicle owned, including motorcycles. So if you only have MedPay insurance for your Jeep, but an accident occurs while driving your Honda, you will not be covered by your MedPay policy. You need to insure all vehicles to be fully-covered. Start by calling your own car insurance provider to inquire about MedPay, but be sure to also shop around for the bet rates. For an affordable cost, you and your passenger’s medical expenses can be covered if ever seriously injured in a motor vehicle accident in your vehicle.

If you or a loved one has been seriously injured in a car accident, contact a licensed personal injury lawyer right away to learn your rights and recover the full and fair compensation you are owed.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about personal injury car accident claims in Indianapolis, Indiana. Attorneys Keith Blazek, Ralph Hoover, and Daniel Craven have extensive trial and litigation experience in Indiana, and will work hard to recover the compensation you deserve after being seriously injured in a motor vehicle accident. We offer free initial consultations and never collect lawyer fees unless we get you money! Call 317-881-2700 to find a reputable and experienced car accident attorney in Indianapolis, IN and its surrounding counties.

Bicyclists and Drivers: Who’s At Fault in the Case of an Accident?

Posted on March 2, 2015 by admin

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Many bike lanes have been added to several busy streets and roadways throughout the state. While many drivers are not happy about it, avid cyclists are very pleased. It’s been a common debate/initiative between riders and the city to improve bike routes on major roads to support safer commutes. But did giving cyclists their bike lanes improve their security while riding on the road? Or did it just cause drivers more anxiety trying to safely navigate around them, especially during rush-hour times?

Regardless of the answers to these questions, there is a bigger question on our minds. That question asks about liability in the case that a driver hits a cyclist who is in a designated bike lane, and why. Continue reading to explore this topic, and learn what circumstances might hold both parties accountable for these kinds of accidents and injuries.

Bike Lane Accidents and Injuries

It is important to point out bikers’ rights on the road to get a foundation of understanding when comprehending liability in the case of an accident involving motor vehicles. First, all cyclists have legal rights on the road, so long as they are obeying all traffic signals and road rules. If there are designated bike lanes in which a biker is using responsibly, and a negligent driver hits them, the biker would have legal rights to pursue a lawsuit against the driver for their damages.

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In other cases, if a biker was the one who acted negligently by making themselves vulnerable to danger, or failing to obey traffic laws, they could be at-fault for any injuries sustained in a biker/car accident. For example, if a person on a bicycle is under the influence of drugs or alcohol, and they swerve into the traffic lane outside of the bike lane, causing them to get hit, it would not be the driver’s fault because the driver was obeying the rules of the road and respected the boundaries of the bike lane. Because the biker was intoxicated, it would be found that they were negligent.

On the other hand, if a driver was behaving negligently behind the wheel, whether speeding, texting, eating, or under the influence, and a biker was responsibly navigating their own bike lane, the driver would be held accountable for any injuries sustained to the biker in the case of an accident.

There are several stipulations and exceptions to the rules of a personal injury claim. This is why it important to hire professional legal counsel for accurate information and assessments. They retain the proper resources and experience to litigate your case and recover full and fair compensation for your damages, whether in a settlement or
court case.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call 317-881-2700 and speak with a bicycle accident lawyer in Indianapolis about filing a personal injury claim against a negligent driver. Attorney Daniel Craven, has decades of litigation and trial experience, and will work fervently to recover the compensation you rightfully deserve. We offer free initial consultations to discuss your case, and we never charge lawyer fees unless we recover for you in a settlement. Call 317-881-2700 for information about bicycle accident lawsuits in Indianapolis, IN today.