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

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