According to a recent news report, a fallen bike led to multiple vehicle crashes in Bartholomew County, Indiana. The accident occurred on I-65 when two vehicles struck a bicycle that fell from another vehicle driving south. A pack of motorcyclists then approached the bike, one person crashing into it. The driver of one of the two vehicles left his car to assist the motorcyclist. Sadly, another motorcyclist in the group struck the driver as he attempted to provide aid. The driver suffered serious injuries and was transported to the hospital by helicopter.

How Does Indiana Allocate Fault Among Multiple Parties?

Multi-vehicle accidents may involve more than one defendant, or the plaintiff may share some degree of fault. States follow three main approaches to allocate fault among multiple defendants. Indiana follows a system of pure several liability. Under this theory, a defendant can only be liable for damages proportionate to their degree of fault for the accident. For example, if the jury determines one defendant is 20% at fault, the defendant will not owe the plaintiff more than 20% of the total damages award. Pure several liability differs from joint-and-several liability, which places full responsibility on each defendant no matter their degree of fault.

For example, even if a defendant is only 20% at fault, they may pay 100% of the damages award if another defendant cannot pay. The key difference between these approaches is the party that must identify sources of payment. Under pure several liability, the plaintiff carries the risk that one defendant cannot pay their share of the damages. Under joint and several liability, each defendant carries that risk. Finally, under modified joint and several liability, one defendant would only pay for the full damages award if they shared a set minimum level of fault for the accident, such as 40%. Indiana law also allows at-fault plaintiffs to recover damages so long as they share less than 51% of the responsibility for the accident.

Have You Suffered Injuries in an Indiana Fallen Bike Accident?

If you or someone close to you has been injured in an Indiana bike accident, contact the Indiana personal injury firm of Padove Law to discuss your case. When these complex, multi-vehicle accidents occur, it is likely that more than one person is at fault. Experienced personal injury attorney Burton A. Padove understands the complicated Indiana laws that govern fault in negligence lawsuits. Attorney Padove’s skilled representation has secured his clients significant compensation for their injuries. To learn more, and to schedule a free initial consultation, call our office at 219-836-2200.

For example, when driving at night, it may be difficult for a driver to fully perceive their surroundings. As a result, someone who is speeding or driving recklessly may not see a cyclist or pedestrian on the road until it is too late. According to a recent news article, a cyclist was killed by a hit-and-run driver on the north side of Indianapolis on August 9. The victim, a 67-year-old woman, was riding north on Keystone Avenue at 32nd Street at night when she was struck by a car heading south. Rather than stopping to render assistance, the driver continued on, fleeing the accident. The victim was pronounced dead at the scene.

As the article reports, this hit-and-run is part of a string of deadly incidents on the streets of Indianapolis. In the first seven months of 2022, fatal accidents involving pedestrians and cyclists have approximated the total from all of 2021. Local police believe the uptick in accidents stems from speeding and reckless driving, which have increased since the COVID-19 pandemic.

What Rights do Indiana Cyclists Have on the Road?

In Indiana, a cyclist has the same rights and duties applicable to a driver on a roadway. However, when evaluating the degree of care required from cyclists and drivers, courts must consider the much greater weight and speed of a typical car compared to a bicycle. When operating their vehicles, drivers must use due care to avoid injuring others. At the same time, the mere fact of a collision between a cyclist and a driver does not automatically attach a presumption that the driver was the negligent party. However, when accidents occur between cyclists and drivers, it is clear that drivers must practice due care to avoid accidents with cyclists, as they would with other drivers.

When an accident involves both a cyclist and a driver, a lawyer can discover evidence and interview witnesses to help a client show that the other party to the accident was at fault. Since both cyclists and drivers share the same rights and responsibilities on the road, a lawyer can help gather evidence when attempting to prove that a driver neglected his or her responsibilities.

Have You Been Injured in an Indiana Bike Accident?

If you or a loved one has suffered injuries in an Indiana bike accident, contact Padove Law today. Burton Padove has nearly 40 years of experience in personal injury law. Through his dedicated representation, he has fought to protect the rights of his clients in Indiana auto and trucking accidents. Padove Law will work diligently to help you recover the compensation you deserve. To schedule a free consultation, call 219-836-2200.

A vulnerable road user refers to those who occupy space in an area dominated by larger vehicles, such as cars and trucks. As such, in an accident, these users are more likely to suffer fatal injuries because they are not enclosed inside a vehicle. For instance, a recent government agency reported a fatal accident between a biker and a sedan. The biker was peddling in a southbound lane around 10:00 p.m. when a sedan approached from the rear. The sedan and bicyclist attempted a lane change, and the front right of the sedan slammed into the biker, ejecting the biker into the opposite lane. The sedan driver then lost control of his vehicle and veered off the road and into a sign. The sedan driver then regained control but ultimately struck a tree. The bicyclist succumbed to his injuries at the hospital; the sedan driver did not suffer injuries in the incident.

The Insurance Institute for Highway Safety (IIHS) approximately 2 percent of motor vehicle fatalities involve bicyclists. A biker’s age, helmet use, speed of the car, and time of day are factors that influence the severity of an accident. While data indicates a decline in youth bicycle deaths, deaths among cyclists age 20 and older have tripled over 40 years. Moreover, the leading cause of bike-related deaths involves head injuries. Despite widespread knowledge regarding the importance of helmets, underutilization continues to be a problem.

Further, as expected, the speed limits and traffic environments also impact the likelihood of a severe Indiana biking accident. The IIHS reports that bicycle deaths were highest in July and August in the last reporting year. Finally, most of the fatal accidents occurred between 6 p.m. and 9 p.m., indicating that rush hour is a dangerous time for bikers.

In some cases, cyclists may face the same inherent bias that many motorcyclists experience. However, an attorney can help bikers present their case for damages in a factually sound and compelling manner.

Have You Suffered Injuries in an Indiana Bike Accident?

If you or someone you love has been hurt or died in an Indiana bike accident, contact Padove Law. Indiana injury attorney Burton Padove has nearly 40 years of experience successfully advocating for accident victims. In addition to Indiana bike accidents, Attorney Padove handles cases involving premises liability, medical malpractice, nursing home abuse, product liability, and work injuries. Mr. Padove commits to providing clients with the information they need to make an informed decision about their cases. In doing so, he has succeeded in securing significant amounts of compensation for Indiana accident victims and their loved ones. Contact Padove Law at 219-836-2200 to schedule a free initial consultation to discuss your Indiana accident case.

A recently published news report discusses the increase in cycling-related accidents and fatalities, and advocates for more legal protections for cyclists on the road. According to the report, the Covid-19 pandemic has resulted in a significant increase in the number of cyclists on the road nationwide. An increase in auto-bicycle accidents has also been noticed since the beginning of the pandemic. Drivers have a legal duty to yield the right of way to a bicyclist traveling on a public road or highway. If the driver of a motorized vehicle is unable to safely pass a cyclist, the driver must stay behind the cyclist until it is safe to do so. The vague nature of many laws that give cyclists the right of way can lead drivers to make dangerous decisions when encountering cyclists on the road.

Most states have specific laws known as “safe passing” laws that require drivers to maintain a safe distance while passing a cyclist, and also permit drivers to cross over a double yellow line to safely overtake a biker. Indiana is one of only six states without laws that specifically address passing a bicyclist. Although there is no safe passing law on the books in Indiana, drivers are still required to yield the right of way to a bicyclist traveling on a public roadway in the direction of traffic. If a bicyclist is struck by a driver and injured or killed, the driver may be responsible in civil or criminal court for the damages related to the accident.

An injured biker or their representative can pursue a personal injury claim against an at-fault driver who failed to yield the right of way to a cyclist and caused an injury as a result. Although safe passing laws make it easier for victims to pursue an injury claim, a skilled Indiana personal injury attorney can make a strong case for the driver’s negligence in order to obtain the financial compensation that an accident victim deserves.

Have You Suffered Injuries from a Cycling Accident?

If you or a loved one has been injured or killed by another vehicle in an Indiana bicycle accident, contact a skilled personal injury attorney from Padove Law to pursue a claim for compensation for your injury or loss. Attorney Burton Padove is a dedicated Indiana accident attorney with decades of experience advocating for accident victims in the state. Padove Law accepts clients with personal injury claims involving Indiana bicycle crashes, car accidents, dangerous products, medical malpractice, and more. If you’ve been hurt, let us fight for the compensation that you deserve. Contact Padove Law at 219-836-2200 to schedule a free and confidential initial consultation.

The National Highway Traffic Safety Administration (NHTSA) reports that bike accidents comprise approximately two percent of all traffic fatalities in the country. Historically the majority of the fatalities involve young children; however, the rise in bike commuters has impacted the affected demographic. The NHTSA reports that around 700 individuals die every year in bike accidents, and nearly 48,000 suffer serious injuries. The average age of fatal bike accident victims is between 55 and 59 years old. Statistics also indicate that a disproportionate number of accident victims are males riding their bikes in urban settings. The majority of fatal bike accidents occur along major roadways. Further, historically, the evening rush hour is the most dangerous time of day for bikers. This may be because of the large numbers of commuters traveling home tired after a long workday. Finally, the most recent accident reports show that nearly 25 percent of fatal bike accident victims had a blood alcohol content of 0.01 or higher.

Not surprisingly, collisions between cyclists and large trucks typically result in the most catastrophic outcomes. For example, local news reports described a harrowing accident between an Indiana cyclist and a dump truck. Law enforcement received reports of the bicycle accident around 12:45 p.m. When they arrived, they discovered that a dump truck rear-ended the 67-year-old bicyclist. The woman suffered several broken bones and a head injury. She was life-flighted to a hospital; however, she later died from her injuries. Police do not believe that alcohol or drugs were involved in the accident; however, the case is still under investigation.

Although each bicycle accident has its own unique set of circumstances, bike accidents often involve the same underlying themes. For example, most bike accidents result in strained and broken bones, and the trauma is only exacerbated when the biker is not wearing a helmet. Additionally, bike accident victims often suffer road rash, concussions, traumatic brain injuries, whiplash, and psychological trauma.

Have You Been Involved in an Indiana Biking Accident?

If you or a loved one has suffered serious injuries in an Indiana bike accident, contact the personal injury law firm of Padove Law. In addition to bicycle injuries, Padove Law handles various complex Indiana personal injury lawsuits, including those involving defective drugs, defective products, dog bites, medical malpractice, nursing home abuse, slip and falls, vehicle accidents, and work-related accidents. Through Attorney Padove’s skilled representation, his clients have recovered significant amounts of compensation for their injuries. He has represented clients in all stages of a personal injury claim, including settlement negotiations with at-fault parties and their insurance companies, litigation, and appeals. Contact Padove Law at 219-836-2200 to schedule a free initial consultation with Attorney Padove.

In addition to traffic regulations, Indiana maintains laws that apply directly to bicyclists. Specifically, Title 9, Article 21, Chapter 11 of the state’s code explains the rights and duties of bicyclists in Indiana. Most importantly, all road users should understand that bicyclists have a right to share the road with motorists. In the same vein, bicyclists must abide by the statute as well. For instance, bicyclists may not ride on anything besides the permanent and regular seat attached to their bike.

Further, bikers may not use whistles or sirens while on their cycles. Additionally, cyclists must ensure that their bikes have a working brake that will allow the cycle to stop on dry and level pavement. While most lawmakers understand the importance of bike safety, the law does not require bikers to wear helmets. Although the law does not require cyclists or passengers to wear helmets, bikers should err on the side of caution and wear a helmet.

Liable parties in an Indiana bicycle accident may include cyclists, pedestrians, governmental entities that maintain the roadways, and manufacturers. In some cases, liability may be unclear, or there may be more than one person responsible for the accident. In these instances, the court will evaluate the case under the state’s comparative fault laws.

Indiana follows the modified comparative fault system. Under this system, a court will reduce a plaintiff’s damages commiserate with their level of fault. However, the law bars recovery if the fact-finder determines that the plaintiff was more than 50% responsible. Therefore, these cases often require an in-depth investigation to determine liability and apportion fault.

For instance, The New York Times recently reported a case involving an impaired truck driver who slammed into a group of bicyclists. The truck driver was under the influence of methamphetamine when he collided with a group of cyclists on an annual 130-mile tour. The accident took the lives of five cyclists ranging in age from 39 to 57. The highway where the incident occurred maintains a 75-mph speed limit and is generally considered a safe roadway for cyclists because of its wide shoulders. Nevertheless, the driver refused to provide blood samples to investigators and only agreed on their fifth attempt. The driver pled guilty to multiple counts of driving under the influence and was sentenced to 40 years in prison.

Have You Suffered Injuries in an Indiana Biking Accident?

If you or someone you love has suffered injuries in an Indiana bike accident, contact Padove Law for assistance. Attorney Padove has dedicated his practice to representing Indiana injury victims in their claims for damages. In addition, his office handles Indiana personal injury cases stemming from motor vehicle accidents, biking accidents, slip-and-falls, premises liability, medical malpractice and wrongful death. Attorney Padove consistently provides clients with respect, compassion, and excellent representation. Contact Burton A. Padove at 219-836-2200 to schedule a free initial consultation to discuss your Indiana injury case.

That damages award, according to The Legal Intelligencer, included $2.5 million for medical expenses and lost wages, as well as $2 million for pain and suffering and $1 million in damages to the plaintiff’s wife for loss of consortium. State law caps damages for civil litigation against government agencies at $250,000, but the total damages collected will be $500,000, since the plaintiff and his wife each will receive the maximum amount for their individual claims.

According to court records of the incident, the plaintiff was riding his bicycle on the road when he hit a patch of road that was reportedly uneven. This, his attorneys would later argue, constituted a dangerous defect in the road, causing him to be ejected from his bicycle and land on his head. In addition to a broken vertebra and broken ribs, the plaintiff suffered brain damage leading to post-traumatic seizure disorder. This was despite the fact he was wearing a bicycle helmet. Since his initial treatment, he’s been hospitalized again numerous times due to seizure-related injuries.

The case underscores the fact that state and local governments may in some instances be held liable for failures to maintain the roadways. Furthermore, single-person bicycle accidents aren’t necessarily always the sole fault of the rider. Legal options are often worth exploring.

Indiana courts have similarly held government agencies liable for dangerous road conditions leading to serious injuries or death. Consider the 2008 Indiana Court of Appeals case involving a fatal car accident that killed an 18-year-old girl who was a passenger in a car that overturned in a ditch and filled with water after encountering a steep slope. The decedent’s estate sued the state for wrongful death. When the state sought summary judgment on sovereign immunity grounds, the trial court granted it, but the appellate court reversed. The appeals court noted that while the Indiana Tort Claims Act does shield the state from claims based on defects in roadway designs or redesigns that occurred 20 years or more prior to the accident, “the State still has a duty to provide reasonably safe public roadways.” In this case, the question of whether the road was in a reasonably safe condition was a matter of fact that needed to be decided by a jury, rather than a matter of law for the trial court. The case was remanded for trial.

Bicycles are especially susceptible to accidents stemming from dangerous road conditions. They have relative instability and thin tires, and any unexpected or abrupt difference in the road surface can be catastrophic, even for cyclists who are experienced and careful. Indiana is susceptible to dangerous road conditions, particularly in the spring, due to the freeze-and-thaw cycle that causes the roads to expand and contract, resulting in damage over time. Road hazards likely to cause a motor vehicle collision in Indiana include:

• Pot holes
• Sewer grates
• Uneven road surfaces
• Railroad or trolley tracks

If you are injured in a bicycle accident caused in whole or in part due to unsafe road conditions, our injury attorneys in Highland can help.

Indiana Injury Attorney Burton A. Padove handles personal injury claims throughout northern Indiana, including Highland, Gary and Hammond. Additional Resources: Delco Jury Awards $5.4M to Brain-Damaged Cyclist, March 9, 2017, By Max Mitchell, The Legal Intelligencer

More Blog Entries: Mandatory Bicycle Helmet Laws: Do They Help?, March 19, 2017, Bicycle Accident Attorney Blog

According to court records in the case, the plaintiff, a mountain biker, suffered injuries to his kidney and spleen after falling from his bicycle on a portion of the Town Run Trail Park that runs through Indianapolis. The city contracts with a local mountain biking association to maintain the trails, which are rated based on difficulty and skill level required. In early 2011, an Eagle Scout designed and constructed a technical feature on the trail. The feature is best described as a berm. It created a banked wooden turn. Approaching riders would have three options: avoid it by staying on the dirt path, enter and ride on the low grade, or negotiate the turn and take the more challenging higher grade.

That summer, the plaintiff and his girlfriend went to the trail to ride for the first time since this new feature was constructed. He had about five years of experience riding, and he’d been on this trail before. However, he had not encountered this new feature. He noted in his deposition that he would usually try to get an idea of a trail’s technical requirements before riding, particularly if he was concerned about a potential danger.

Still, he stated that he did understand that routinely falling off the bike was a “general consequence of the sport.”

The pair approached this berm, and the plaintiff reportedly chose to take the more challenging option. He fell as a result, suffering injuries. Still, he was able to ride his bicycle back to the top of the trail, and he and his girlfriend went out to dinner that evening. However, hours later, the pain was worsening, and he went to the hospital. It was there he was diagnosed with lacerations to his spleen and kidney.

Within two months after the vehicle accident, he participated in a 100-mile bicycle ride.

The plaintiff thereafter filed an Indiana personal injury lawsuit against the city, alleging premises liability and seeking compensation for his medical bills.

Per the so-called “Burrell test,” based on the 1991 decision in Burrell v. Meads, Indiana landowners can be liable for injuries to those welcomed on the site if the landowner:

• Knew or should have discovered in the exercise of reasonable care that there was an unreasonable risk of harm to invitees;
• Should have expected invitees would not discover or realize the danger or would fail to protect themselves against it; and
• Failed to exercise reasonable care to protect invitees against the danger.

A later Indiana Supreme Court case, Pfenning v. Lineman, applied this ruling to participation in sports activities. In that case, the plaintiff was struck by a golf ball on a golf course, which the court ruled did not constitute as an “unreasonable risk of harm.”

In the present case, the court ruled, the evidence did not support the assertion that an experienced rider would fail to appreciate the risks of riding the trail and not taking appropriate precautions. Furthermore, the court ruled the evidence presented did not establish the city had actual or constructive knowledge that the trail presented an unreasonable risk of harm to the rider. Thus, the court reversed the trial court’s earlier denial of summary judgment favoring the city.

Although this is a disappointing outcome for the plaintiff, it’s important to review cases like this to weigh the viability of similar claims. Still, this is just one case, and our injury attorneys urge anyone with questions to seek a free consultation to explore your legal options.

Indiana Injury Attorney Burton A. Padove handles personal injury claims throughout northern Indiana, including Highland, Gary and Hammond. Additional Resources: City of Indianapolis et al. v. Kaler, March 23, 2017, Indiana Court of Appeals

More Blog Entries: Bike Accident Injury Victim Awarded $38M Verdict Against Valet Company, Feb. 2, 2017, Bicycle Injury Lawyer Blog

However, in the wake of an increasing number of bicycle accidents across the country, questions are being raised about whether bicycle helmets should be mandatory for all riders. It’s a controversial topic.

We know that people on bicycles are far more likely to suffer head injuries and traumatic brain injuries than people in cars. Cyclists are inherently more vulnerable than other road users, and the lack of a helmet leaves them without protection – and at greater risk of a serious injury – when they strike their heads on vehicles, pavement, or other objects. However, there are some who argue mandatory bicycle helmet laws only serve to drive down the number of people who choose to bicycle. Others say wearing a helmet makes cyclists more confident, more likely to take risks they wouldn’t otherwise.

From the perspective of a Highland injury lawyer, bicycle helmets are preferred because they can make a cyclist safer. However, bicyclists who were not wearing a helmet do not need to fear difficulty in obtaining compensation for an accident. Unlike the so-called “seat belt defense” applicable in certain car accidents, bicyclists in Indiana aren’t required to wear helmets, so they can’t be held comparatively negligent for a failure to do so.

The seat belt defense, in case you aren’t familiar, holds that motorists and passengers who violate the law by choosing not to wear a seat belt can’t seek damages in excess of the injuries they would have sustained had they complied with the law and worn a seat belt. The same principle doesn’t apply to bicycle accidents in Indiana.

Although individual cities may have their own ordinances, Indiana does not require cyclists to wear a helmet when riding – even in traffic. However, it’s still a good idea. According to the Bicycle Helmet Safety Institute, more than 90 percent of bicyclists killed in collisions were not wearing helmets at the time. Other research has linked helmet use to an 85 percent reduction of head injury risk.

Indiana’s bicycle laws are found in Indiana Code Title 9 Article 21, Sections 1 through 14. The law outlines rider responsibilities and rights. For instance, the parents and guardians of a child or protected person may not knowingly authorize a child to break the law. A person riding a bicycle on a roadway has all of the rights and duties applicable to a person in a motor vehicle, except certain special regulations or provisions that by their nature have no application. Also:

• Bicycles must have a permanent attached seat;
• No more than one person can be on a bicycle at any one time (unless it is designed and equipped for such use);
• Cyclists cannot ride more than two abreast in the road, except on paths or roadways specifically intended for bicycles;
• No one riding a bike can carry any package or bundle that would prevent them from keeping both hands on the handlebars;
• Sirens and whistles on bikes are forbidden;
• Bicyclists have to use lamps or reflectors if riding between a half hour before sunset and a half hour before sunrise; and
• All bikes have to be equipped with brakes.

Any person riding on the road must observe all traffic laws, including stop signs, traffic lights, and yield notifications. If you are injured in a bicycle accident in Highland – regardless of whether you were wearing a helmet – our attorneys can help.

Indiana Injury Attorney Burton A. Padove handles personal injury claims throughout northern Indiana, including Highland, Gary and Hammond. Additional Resources: Warning: Bicycle Helmets Could Be Hazardous For Your Health, Feb. 27, 2017, By Peter Ubel, Forbes

More Blog Entries: Bike Accident Injury Victim Awarded $38M Verdict Against Valet Company, Feb. 2, 2017, Highland Bicycle Accident Lawyer Blog

The bike accident occurred four years ago in downtown Seattle, but the circumstances could easily apply to any similar service in any city here in Indiana, where an increasing number of bicyclists occupy the roads. A recent report by Smart Growth America and the National Complete Streets Coalition, Dangerous by Design 2016, indicated that of the top 105 largest metro areas in the country, Indiana’s Indianapolis-Carmel-Anderson area ranked 50th. Comparing state-to-state rankings, Indiana ranked 22nd in the country for pedestrian danger index (PDI), which looks at the number of people who bike and walk to work relative to the number of injuries and fatalities of those travelers. Our rate was 46.3 in 2016, just beneath the national average of 52.5.

But of course, there is no safe state. Consider that Washington, where this devastating bicycle accident happened, ranked 36th on the state comparison list.

According to The Seattle Times, the company that employed the valet has many such operations nationally and reported a gross profit of $129 million just in the first nine months of the year. Despite this, the plaintiff alleged, the company turned a blind eye to what were clearly unsafe and illegal practices by its employees, who were under high pressure to deliver vehicles quickly back to patrons at a nearby hotel from an off-site parking lot. In fact, the company had received a number of complaints about the recklessness of the valets, particularly in taking the shortcut in question. However, the plaintiff alleged, the company never intervened.

Specifically, the cars for which valets were responsible belonged to customers at a local hotel. However, there was more room at an off-site parking lot. So drivers took the vehicles from the hotel across the street and into a surface parking lot. But instead of making a longer – and legal – trip across the streets and through four intersections, the drivers cut through alleys, drove across lanes, and pulled other illegal maneuvers.

The plaintiff at the time of the incident was riding in a lane marked by “sharrows” when the 21-year-old valet employee drove a customer’s vehicle across a one-way street, perpendicular to traffic, and didn’t see the cyclist approaching from his right. The cyclist was struck and suffered severe injuries in the car accident. The driver was cited by police for failure to yield.

At trial, the plaintiff argued that while the company never directed drivers to take this route, it never issued directives to stop them from doing so either, even after receiving complaints and notice of it. Based on the timing of the other complaints, the plaintiff’s lawyers argued, the company did have a reasonable time in which to take action on this issue and yet failed to do so.

The defendant attorneys, meanwhile, argued the plaintiff was at least partially responsible for his failure to react to avoid the crash. The plaintiff’s lawyers presented evidence showing he would have had just four seconds to react.

Ultimately, the jury decided the defendant should pay a substantial sum to compensate the plaintiff for the injuries sustained as a result of the driver’s negligence.

Indiana Injury Attorney Burton A. Padove handles personal injury claims throughout northern Indiana, including Highland, Gary and Hammond. Additional Resources: Bicyclist severely injured in crash with parking valet is awarded $38M, Dec. 15, 2016, By Mike Lindblom, Seattle Times

More Blog Entries: Trucks and Bicycles: A Too-Often Lethal Combination on Indiana Roads, Nov. 2, 2016, Highland Bicycle Accident Lawyer Blog

Just recently, as reported by WISHTV-8, a kindergarten teacher from Indianapolis was killed on State Road 37 in Greenwood when she was struck by a large box truck while riding her bicycle. The 38-year-old teacher was hit from behind at around 9:30 a.m. as she traveled northbound on the road. The 56-year-old truck driver is believed to have swerved into her as she rode in the shoulder lane. She was pronounced dead at the scene. The investigation remains open.

These types of tragedies are by no means unique to Indiana. Recently in Chicago, Streetsblog reported a spate of bicycle vs. truck accidents, many of them involving the dreaded right-hook scenario, in which a trucker made a right turn and collided with a cyclist riding to the truck’s right. (Left-hook bicycle accidents at intersections are also a big problem.)

A 2011 study in Ohio revealed that 23 percent of bicycle accidents involved pickup trucks, vans, mini-vans, or semi-trucks. The likelihood of a severe injury when a semi-truck was involved was 100 percent.

The University of Washington studied this issue a few years back in a report, “Why Can’t We Be Friends? Reducing Conflicts Between Bicycles and Trucks.” Researchers noted that cities seeking to reduce traffic congestion, environmental impact, and the obesity epidemic are encouraging cycling, but they are often forced to designate bicycle routes along existing truck routes. This has resulted in a safety conflict, since the two modes of travel are seemingly incompatible. However, the study authors concluded the conflict between trucking and bicycling – at least in Seattle – is more often than not a communication/relationship problem as opposed to a physical problem. Truck drivers view cyclists as unpredictable and not held to the high standards of commercial drivers. Meanwhile, cyclists view truckers as hogging a great deal of space and acting without due care, especially when making turns.

Researchers concluded that when bicycle routes were separated from truck routes, there were far fewer incidents. However, that’s not always possible – and it’s important to note cyclists have as much right to share the road as operators of any other vehicle.

In many cases, the primary causes of trucking accidents stem from a trucking company’s willingness to place profits over the safety of people. We see this in cases of:

• Driver fatigue. It’s a leading factor in trucking accidents, reports the U.S. Department of Transportation, and it has to do with the fact that many trucking companies push drivers to exceed the federally allowable driving hours to make more or faster deliveries. Log books are routinely falsified, and companies may sanction drivers who aren’t keeping up with unrealistic schedules. Fatigue by any driver is serious, but when it involves an 80,000-pound rig, it may be fatal.
• Speeding/following too closely. Here again, truckers are eager to get to their destination quickly. However, a truck driver needs an increased amount of time to safely stop. If the trucker is following too closely or not paying attention, they won’t be able to avoid a collision.
• Poor equipment. Some researchers have concluded nearly a third of truck accidents are brake-related. Hoses and air brakes wear out. Tires may blow out. Trucks may be improperly loaded, poorly inspected, or ill-maintained. These are all issues that trucking companies have the power to avoid with due care.

All motorists – including cyclists – should keep their distance from large trucks and never assume the driver can see them. Our experienced Highland car accident lawyers are committed to fighting to ensure our clients receive fair compensation.

Indiana Injury Attorney Burton A. Padove handles personal injury claims throughout northern Indiana, including in Gary and Hammond. Additional Resources: Kindergarten teacher dies in bicycle crash, Oct. 13, 2016, Staff Report, WISHTV.com

More Blog Entries: Indiana Bike Share Programs Catching On, Oct. 6, 2016, Highland Bicycle Accident Lawyer Blog

Cyclists who are injured in collisions with motor vehicles may have a number of legal options worth exploring, which could include:

• Claims against the at-fault driver;
• Claims for uninsured/underinsured motorist coverage (from the cyclist’s own insurer);
• Dram shop law claims against a provider of alcohol (if the driver was drunk);
• Vicarious liability claims against a vehicle owner or the driver’s employer (if applicable).

In this case, the cyclist was a U.S. Air Force veteran, married for 35 years and an electronics technician, who, according to his obituary, enjoyed not just cycling and mountain biking but also climbing, yoga., and hiking, as well as spending time with his five children, 12 grandchildren, and 10 great-grandchildren.

more WTHITV10.com reports the driver rear-ended the victim. Although there is no indication the driver was trying to hit the victim, it’s become a familiar story on Indiana roads. Drivers who are distracted or impatient or don’t believe cyclists should be allowed to share the road cause collisions that cost cyclists their lives.

The most recent report from the National Highway Traffic Safety Administration (NHTSA) indicates 726 people were killed and 50,000 were injured in bicycle accidents involving motor vehicles in 2014 (the most recent year for which numbers are available). In Indiana, 12 cyclists died that year, which was 1.6 percent of the total number of traffic deaths, only slightly lower than the national average of 2.6 percent.

The Daily Journal recently detailed the growing perils bicyclists in Indiana face. Cycling is quickly gaining in popularity, but motorists haven’t yet caught on. A recent video recorded on a bicyclist’s GoPro camera in Johnson County (Central Indiana) showed how during one morning bike ride, a motorist didn’t wait for a safe opening to pass a cyclist on a two-lane road. The driver passed and then had to quickly jerk back into the cyclist’s lane to avoid causing a head-on collision. That forced the cyclist off the road.

Cyclists report that while not all motorists are careless or disrespectful, it seems every week – and sometimes every ride – they are forced off the road, yelled at, have drinks or bottles thrown at them, or are treated as if they simply don’t exist.

That cyclist who recorded the GoPro video explains he started riding 12 years ago, following a heart attack. Within two years, he was struck by a truck driver talking on his phone. Then, five years ago, he was struck by another driver. He sustained minor injuries in both collisions. Then, in Greenwood, he was hit again in August by a hit-and-run driver. He says he won’t be riding again on the street. Of the handful of Indiana bicycle accidents in recent weeks, more than half involved drivers who fled the scene.

Our Gary car accident attorneys recognize there may still be legal options when cyclists are struck by hit-and-run drivers, drivers without insurance, or drivers without adequate insurance to cover severe injuries. One of the first avenues to explore is uninsured/ underinsured motorist (UM/UIM) coverage. This auto insurance coverage provides protection to cyclists struck by vehicles or run off the road, even though the cyclist wasn’t driving a motor vehicle.

In cases in which the driver is identified and insured, a claim against that driver should be the first consideration. In the event the driver in question was intoxicated, we might want to explore a dram shop action to hold liable the person or establishment who furnished the driver with the alcohol, per Indiana Code section 7.15-5-10-15.5.

Indiana Injury Attorney Burton A. Padove handles injury claims, including bicycle accidents, throughout northern Indiana, including Gary and Hammond. Additional Resources: Washington man is dead after car versus bicycle accident, Sept. 18, 2016, Staff Report, WTHITV 10

More Blog Entries: Indiana Highway Accident Leaves 3 Dead, Dozens Injured, Jan. 24, 2014, Gary Bicycle Accident Lawyer Blog

These programs have generally been regarded as safe, with the number of bicycle accidents and injuries reported among larger cities being quite low. Still, more bicycles on the road means a higher risk of bicycle accidents. This is especially true when drivers aren’t paying attention, particularly in urban areas.

Officials in Fort Wayne report that its downtown is slated to launch a small bike share operation, with 25 bikes available at five locations across the city, including the Arts Campus and the St. Francis downtown campus. Users there will pay $3 hourly – up to $30 each ride – to rent a bike, or they’ll have the option of a less expensive monthly or annual membership. The program cost $45,000 to start.

Fort Wayne was given a bronze-level Bicycle Friendly Community designation by the League of American Bicyclists, and the bike share program now averages 75 bicycle trips daily. The city has adopted a number of bike-friendly changes, such as shared bike lanes, to help improve rider safety.

Bike share programs first started in the U.S. in 2007. Larger cities like New York City and Boston latched on, and the phenomenon has spread quickly.

Recent bike share programs in Indiana include:

• Indianapolis Pacers Bikeshare program launched in 2014 with 25 stations and 250 bicycles. The program costs $8 daily or $80 for an annual membership.
• Columbus, Indiana officials launched ColumBike in May 2016. Regular users ride the Columbus People Trail, which has over 40 miles of bicycle and pedestrian paths, although they are welcome on the roads as well.
• Westfield launched a bike share program in May 2016 using Zagster, the same company that partnered with officials in Carmel and Fort Wayne.
• South Bend is considering starting a a $31,000 bike share program within the next few months.

Although bike share programs are touted as safe, there is always a risk of injury when cyclists ride in or near traffic. In Chicago, a woman was recently struck and killed while riding a bicycle from a bike share program – the first time a bike share program has been connected with a bicyclist’s death. That case involved a commercial truck. Even though the 25-year-old victim was reportedly wearing a helmet, collisions with trucks are especially perilous for bicyclists, no matter which kind of protective gear they are wearing.

We know that bike sharing programs help to drive down certain burdens on cities, including fewer health care costs, less congestion, lower pollution, and decreased traffic deaths. However, such programs are only effective if riders can trust their safety to the roads. One way to do that is to create designated bicycle lanes and barriers between cyclists and cars.

A 2014 study published in the journal Environmental Health Perspectives found that cities saved as much as $24 for every dollar spent on biking infrastructure, such as bike lanes.

Another safety consideration is requiring side guards on trucks. New York City is requiring side guards on 10,000 large city trucks and private garbage trucks operating in the city by 2024. It’s a smart move, considering that while trucks make up just 3.6 percent of the vehicles on New York City streets, they account for 12.3 percent of all pedestrian deaths and 32 percent of all bicycle accident deaths.

These type of considerations should be weighed for any city that manages or is considering launching a bike share program.

Our car accident lawyers are committed to fighting for the rights of cyclists and other victims throughout Indiana.

Indiana Injury Attorney Burton A. Padove handles personal injury claims throughout northern Indiana, including Gary and Hammond. Additional Resources: City launches bike-share program in downtown Fort Wayne, April 15, 2016, Staff Report, WANE.com

More Blog Entries: Northwest and Central Indiana Interstates Dotted By Truck and Automobile Crashes This Winter, Jan. 24, 2014, Hammond Bicycle Accident Lawyer Blog

In fact, a study published tin the September 1, 2015 issue of the Journal of the American Medical Association and cited in a recent Science Daily posting indicates that bicycle injuries during the 15 year period from 1998 through 2013 increased substantially.more

I am listing a number of suggestions for a safer ride. Anything that a bicyclist can do to be more visible to drivers, other riders and pedestrians should help to decrease the likelihood of collisions and injuries.

• Have a front light and back light that blinks and have them on at all times, not only at dawn, dusk, evening or night.
• Wear a helmet, not just any helmet, but a helmet with bright colors. Wear one which is not as likely to blend in with the environment lime green, loud red, orange, yellow to name a few, preferably neon.
• Wear bright-colored clothing including reflective gloves. If you do not have bright clothing or a light-colored jacket, invest in a fluorescent vest, similar to those that construction workers use. You can pick one up for just a few dollars at a local sports or hardware store, or at a minimum use reflective tape on your clothing or jacket.
• Make sure that you have reflectors on the spokes.
• If you do not have lights, don’t ride on cloudy days, night, at sunset or sunrises.
• If you don’t have lights, make sure that you do have reflectors under the seat or if you have a rack, at the end of the rack furthest back from the seat. You should also have front and side reflectors.
• Do not ride against traffic-you are not where a driver is likely to anticipate your presence thus increasing the risk of collision.
• Ride where drivers, other bicyclists and pedestrians expect bicycle traffic such as dedicated bicycle lanes and trails whenever possible.
• If it is raining, think like a driver and use your front and back lights. Don’t forget the yellow rain coat similar to what you wore as a child but with modern materials.
• Equip your bicycle with a bell in good working condition. Indiana requires that all bicycles have bells or audible devices that can be heard for at least 100 feet.

Similar and other suggested actions that may lower incidents of bicycle injuries are listed in a posting from the Center for Disease Control.

Burton A. Padove is located near the Indiana-Illinois border in Highlnd, Indiana and is licensed in both states. He has been practicing law for over 33 years, is an avid cyclist and uses his personal and legal experience in representing bicycle and other injury victims throughout the States of Indiana and Illinois including Lake, LaPorte, Jasper, Newton, Porter and Cook Counties. If you or a loved one have been injured in a bicycle accident or due to a defective bicycle call (219) 836 2200.

While bicycle riders may not be able to protect themselves from drunk drivers or prevent every bike accident that occurs, there are some things that riders can do in order to reduce the changes of being seriously hurt or killed in a crash. Drivers of motor vehicles also need to be aware that there may be more bicycle riders out-and-about over the summer and should adjust their driving behavior accordingly to make sure everyone is safe.

Bicycle Safety Tips

To protect themselves, bicycle riders should follow some basic safety tips when riding including the following:

• Always wear a helmet when riding.
• Try to ride in areas where there are sidewalks, bike lanes or trails and to avoid areas where you will be forced to ride along the shoulder of the road.
• Obey all driving safety laws including speed limit and right-of-way laws.
• Wear bright colored clothing and use reflectors if necessary in order to ensure that cars can see you.
• Refrain from bicycle riding at night whenever possible. If you must ride at night, you should have a light on your bicycle and/or reflective strips and clothing.
• Check your bicycle carefully before any bike trip to ensure that the bicycle is in good working order. You should focus especially on the brakes and the tires to ensure they aren’t in need of maintenance.
• Wear comfortable clothing that is not too loose fitting and that will not get caught in the pedals of the bicycle.

By following these tips, bike riders can hopefully avoid getting into a crash. Drivers of passenger vehicles must also be on the lookout for bike riders and need to be aware that bicycle riders deserve respect just as any other vehicle on the road does. This means yielding the right-of-way when required and giving bike riders sufficient space to navigate safely. more Attorney Burton A. Padove represents bicycle accident victims. If you or a loved one has been injured in an accident, call (219) 836-2200 for a free and confidential consultation to discuss your rights. Additional Resources: Teen Driving Fatalities: Indiana is No. 1, Indiana Injury and Family Lawyer Blog, February 28, 2013 Gary Injury Lawyers Mark April as Distracted Driving Awareness Month, Indiana Injury and Family Lawyer Blog, March 31, 2013.

“The most precious thing we have as parents is our children. We want to make sure that when our children go to school…they arrive at school safely,” said Sgt. Steve Whitaker with Indiana State Police.Our Highland personal injury lawyers understand the dangers that pedestrians face on our roadways. These risks are greatly increased when the pedestrian is a young child. Young children don’t fully understand the workings, patterns and dangers of passing traffic. We ask that all motorists be extreme cautious during the school year to help keep our young ones safe.

Here are some safety tips, from the National Safety Council, for your child that is walking to school this school year:

-Remind you child to always use a sidewalk if one is available.

-If there is no sidewalk for your child to walk on, make sure that they know to always walk facing traffic.

-Remind them that they should always cross the street at an intersection or at a street corner.

-Always accompany children that are 10-years-old or younger on their walk to school.

-Make sure that your child knows to look both ways for oncoming cars before stepping into the road to cross the street.

-Make sure that they continue to look left and right as they’re crossing the road.

-Require that your child walks across the road. Never allow them to run. Running makes them more likely to trip and fall in the path of traffic.

Students that ride a bike to school need to be cautious as well. Parents are urged to talk to their young students about the following bicycle safety tips:

-Make sure your child always wears a helmet.

-Check to see if their helmet fits correctly. You should only be able to fit the width of two fingers between their eyebrows and their helmet.

-Make sure that your child is familiar with the bicycle laws in your area.

-Require that they always bike on the right side of road. Multiple bikers should always ride together in a single file-line traveling in the same direction as traffic.

-Bike riders should come to a complete stop before crossing the road.

-Bicyclists should not cross the street until they’ve received an okay from stopped motorists.

-Make sure your child is wearing brightly colored clothing so motorists are more likely to see them.

-Ride with your child if they’ll be traveling before the sun rises or after it sets.

-Make sure your child’s bike has lights and reflectors.

-Practice bike riding with your child so they’re more experienced and knowledgeable when they hit the road alone.

According to the National Highway Traffic Safety Administration, traffic accidents are the number one cause of death for children between the ages of 3 and 16. This cause of death accounts for approximately 20 percent of fatalities of young ones ages 5- to 9-years-old. Your child is most likely to be involved in an accident with a motor vehicle mid-block and within residential neighborhoods. Talk with your child and make sure they understand the importance of safe travel habits. Again, we wish everyone a safe and happy school year! more Attorney Burton A. Padove represents car accident victims throughout Indiana and Illinois including Lake, Jasper, Newton, Porter and Cook Counties. If you or a loved one has been involved in an accident, call (219) 836 2200. More Blog Entries: NO TEXT AND DRIVING INDIANA ALERT, Indiana Injury And Family Lawyer Blog, July 1, 2011 Bike Injury and the Law, Indiana Injury And Family Lawyer Blog, March 28, 2010

Bike risks relate to both children and adults. Twelve thousand children and twenty six thousand people between the ages of 16 and 54 were injured on bikes in 2007. One of the problems associated with the risk of a bike injury is that people may not be aware of such risks. Bike helmet companies tout the benefits of strong lightweight fiberglass or carbon fiber shells, UV protection, ventilation systems, and antibacterial fabric, but the risk of injury from a hard hit may not be disclosed. Bicycle companies offer heavy duty light weight frames, top end rims and axles, street and dirt worthy tires as well as cranks and rotors for power, speed and high performance. Yet, the risks such as the bicycle’s quick release mechanism inadvertently discharging, should support every biker being more aware of the risks associated with a bicycle.

Laws About Bicycles and Bike Helmets

Lawyers investigate injuries that occur because of bike helmets and bicycles to identify if a manufacturer should be held responsible for the injury. If a bike manufacturer is found liable for the injury, then a lawsuit may be filed against the bike manufacturer. Reasons for bike manufacturers to be sued include, but are not limited to:

• Bike manufacturer failed to warn an injured person of the risk associated with the helmet or bicycle.
• Bike manufacturer failed to design the product through a safer alternative that was reasonably available to the bike manufacturer.
• Bike manufacturer produced a defective bicycle part or bike helmet that caused injury or death to a victim.

Know Your Risks

Bike helmet recalls totaled over one half million helmets from 2005 to 2007 because the helmet failed to meet CPSC impact standards. In the most recent year, there have been more than ten bicycle recalls due to a variety of risks, including: fall hazards from defective tree stands, loss of steering control from defective bike parts, defective bike forks and frames that create crash hazards, defective tires that may sheer causing injury and defective tire release mechanisms that may inadvertently release while riding.

If you or a loved one has been seriously injured because of a bicycle, contact Burton Padove for a free consultation at 219-836-2200.