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

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