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Category: Indiana Bicycle Lawyer Advice


October 17, 2014

According to reports, on the early morning of Friday, October 17, 2014, a sixteen year-old Indianapolis resident became the victim of a hit-and-run when he was struck while riding his bicycle near the intersection of Shelby Street and Raymond Street in Indianapolis, Indiana. Members of the Indianapolis Metropolitan Police Department indicated that a motor vehicle struck the male cyclist before driving away from the scene. The extent of the cyclist’s injuries is unknown and the investigation into this matter is ongoing.

The sad reality of any hit-and-run accident, especially one involving a bicycle vs. motor vehicle collision, is that, if the perpetrator is not caught by police, the victim of the hit-and-run is almost certainly left with injuries without any means of receiving compensation for them. The result is the same if a cyclist is struck by a motor vehicle operator who does not possess any insurance to cover the injured person’s injuries and damages.

As a result of those exact circumstances, the Indiana bicycle attorneys at Caress Law Group strongly encourage all cyclists (and all motorists for that matter) to obtain uninsured and underinsured motorist coverage as part of their automobile insurance policies. Uninsured Motorist (UM) coverage is insurance that protects an insured even if the liable party did not have insurance or if the liable party flees the scene. Even though it is illegal in Indiana for a driver to operate a motor vehicle without insurance coverage, there are many drivers who do not have coverage, and it is a very real problem for injured persons who are entitled to have their medical bills, lost wages, and pain and suffering paid for.

Our lawyers also recommend that all Indiana cyclists (and drivers) obtain Underinsured Motorist (UIM) coverage, which is insurance that protects an insured despite the liable party not having enough insurance to cover the injured person’s injuries and damages. In Indiana, the minimum bodily injury insurance requirement is $25,000.00 per person and $50,000.00 per incident. This means that even if a cyclist is severely injured, or even killed, by a motor vehicle, the absolute maximum amount that the cyclist and/or his family can obtain from the at-fault party is $25,000.00, even though the injuries and damages are worth hundreds of thousands or millions of dollars.

For these reasons, we recommend you check your automobile insurance policy’s declaration page and make sure you have adequate Uninsured and Underinsured Motorist Coverage. If you have any questions about this article or about Indiana bicycle law, feel free to contact our Indiana bicycle crash lawyers, Tim Caress or Lance Worland. Call us for free at 317-255-5400 or click here to submit an online inquiry. We take great pride in assisting Indiana cyclists, and we wish this cyclist a speedy recovery.

July 23, 2014

Indiana cyclists appear to still be learning how to adjust to safe cycling practices. Since the amount of bicyclists has doubled since the year 2000, this makes some sense. This is echoed by statistics compiled by The League of American Bicyclists, which reports that the bicycle crash rate in Indianapolis is higher than most other large cities across the United States. Specifically, between 2007 and 2012, Indianapolis saw 492 bicycle collisions per 10,000 bike commuters. The Indianapolis bicyclist fatality rate was just as alarming: 4.88 deaths per 10,000 bicycle commuters.

Over the course of the last couple of years, the Indiana Bicycle Accident Lawyers at Caress Law Group in Indianapolis have seen a substantial increase in persons injured in bicycle crashes with both motor vehicles and other cyclists/pedestrians. So the question becomes – “What can each individual cyclist do to stay safe while biking and decrease the chance of being involved in a bicycle collision in Indiana?” We hope the following tips will assist all bicyclists who read this post.

DO’S

Use lights on the front and back of your bicycle at night (and even during the day to be extra safe)

Use the middle of the lane in the street if you do not feel safe by cars passing you in the bike lane (you have a right to be there!)

Wear a helmet. While on your bicycle. At ALL times.

Keep your eyes out for cars and other cyclists – cyclists should always be aware of their surroundings

Ride with traffic

DON’TS

Don’t ignore stop signs, stop lights, and other rules of the road. Indiana cyclists are required to follow the same traffic laws as motor vehicles

Don’t ride against traffic

Don’t ride on the sidewalk, especially when a bike lane is available

Don’t wear headphones while riding your bicycle – it is important to be aware of all your surroundings while riding, and your ability to hear is key to that

As a motor vehicle operator, do not pass a cyclist and leave less than 3 feet of space. It is the law in Indianapolis to leave at least 3 feet of space when passing a cyclist

 

If you or a loved one has any questions regarding this post or an issue involving Indiana personal injury law and/or bicycle law, contact Indiana Bicycle Accident Attorney Lance Worland at 317-255-5400 or via email at Lance@CaressLaw.com at any time. All e-mails and phone calls are returned promptly and are free of charge. Caress Law Group’s Indiana bicycle lawyers are Indiana’s premier bicycle injury lawyers, and we have over 20 years of experience in assisting victims of injury due to negligence of others.

 

July 14, 2014

On July 11, 2014, Brian Eason of the Indianapolis Star published an enlightening and well-written article on the confusion caused by Indiana’s cycling laws. We highly recommend that all Hoosier cyclists and motorists read this article, as it may shed light on information that was previously unknown to you.

We are also proud of Caress Law Group’s own, Lance Worland, for the information he was able to provide for this article. Both Lance Worland and Tim Caress have worked tirelessly in their careers to represent victims of bicycle accidents across the State of Indiana, and during that time, they have gained invaluable information regarding bicycle safety. Further, they have proudly had the opportunity to advocate for bicycle accident victims – making sure they are fairly and appropriately compensated for their injuries as a result of a wide array of different types of bicycle accidents.

Check out the article below:

http://www.indystar.com/story/news/2014/07/10/collision-course-confusing-laws-vex-indiana-drivers-cyclists/12489675/

April 28, 2014

The Marion County Coroner’s office has identified the victim of the April 24, 2014 bicycle accident involving a school bus. Neil Kelty, a 23 year-old Indianapolis resident and biking enthusiast, has been identified as the operator of the bicycle that collided with a school bus at the intersection of Westlane Road and Ditch Road on the northwest side of Indianapolis at around 7:30 am that day. It was reported that Neil Kelty was in the designated bicycle lane at the time of the collision.

This is tragic and saddening news to the Indiana bicycle community, as Neil Kelty had just recently made the commitment to live a lifestyle devoted to riding his bicycle and becoming more active. According to his obituary, Neil was a graduate of the Kelley School of Business at Indiana University. Neil left behind the love of his life, a fiancé, Kelsea Nicholson, his two parents, and siblings. A funeral was held for Neil Kelty on April 28, 2014 at Northview Church at 2 pm in Carmel, Indiana.

While there is no good news to report regarding this incident, we want to urge cyclists and drivers alike to always remember to keep a keen lookout while on the roadways. Indiana statutory law allows both automobile drivers and cyclists to be on all the roadways (aside from highways). Please remember to share the road – and look out for your fellow Hoosiers.

The Indiana Bicycle Accident Lawyers of Caress Law Group extend our deepest sympathies and all our prayers to the family and friends of Neil Kelty.

April 24, 2014

Caress Law Group’s Indianapolis Bicycle Accident Lawyers are deeply saddened to inform our readers that a fellow Indianapolis bicyclist was been pronounced dead this morning, April 24, 2014. While further investigation is still taking place, it is currently known that the bicycle crash occurred at the intersection of Westlane Road and Ditch Road in Indianapolis, near Westlane Middle School, sometime before 7:30 am.  Indianapolis Metropolitan Police have reported that the cyclist was hit by a school bus.

Our thoughts and prayers are with the family of this local cyclist. As most of you know, Indianapolis leaders have created a vast amount of opportunities for riders to have an enjoyable cycling experience when riding throughout the town. While our City and State have made great strides in making Indianapolis and the entire State of Indiana more “bike friendly,” drivers and cyclists alike need to maintain caution when on the roadways, particularly in the spring and summer months.

If you or a loved one has been injured in any way in a bicycle accident in Indiana, please feel free to contact Indiana’s premier bicycle lawyers at Caress Law Group by calling 317-255-5400 or by clicking here. Seeking advice from our experienced attorneys is free and easy – and we look forward to hearing from you. As always, please remember to ride safe, be aware of your surroundings, and check your mirrors before turning.

February 27, 2014

 

In our over 20 years of personal injury litigation experience, we have seen a number of different kinds of bicycle collisions. In our role as Indiana bicycle accident lawyers, the details of each individual bike crash are vital to our legal analysis of liability and causation. Therefore, we analyze each client’s case based on the type of crash the bicyclist was involved in. Most of the accidents involving cyclists in Indiana involve motor vehicles, but this is not always the case. Pedestrians and other cyclists can potentially be just as responsible for a collision as a careless, negligent motor vehicle driver. Based on our experience, the most common types of bicycle crashes are the right hook, the left cross, the drive-out, the rear-end, the overtake, the dooring, and the careless cyclist or pedestrian.

        1.  The Right Hook

A right hook bicycle collision occurs when a driver passes a cyclist on the left and proceeds to make a right-hand turn directly in front of the cyclist’s right-of-way.

        2.  The Left Cross

Left cross bike accidents take place when a motorist makes a left turn directly in front of the biker’s pathway. In Indiana, these often occur at cross-walks and intersections with heavy bike, pedestrian, and motor vehicle traffic, like downtown Indianapolis and other heavily populated areas in Indiana.

         3.  The Drive-Out

A drive-out bicycle accident happens when a driver pulls out directly into the cyclist’s right-of-way. These often occur at intersections but are also common in parking lots when a driver is attempting to enter or exit a parking spot and fails to notice the oncoming cyclist. Both drivers and cyclists should be cautious when operating in parking lots, as our Indiana bicycle attorneys have found parking lots to be an extremely underrated location for the occurrence of bike vs. automobile collisions.

          4.  The Rear-End

Rear-end collisions occur most frequently in areas of heavy, stop and go traffic when the motorist operates his or her vehicle into the back of a cyclist. These crashes can cause serious injury, even when the force of the impact is minimal.

           5.  The Overtake

Overtake bicycle crashes take place primarily when a motorist attempts to pass a cyclist on the open road. Many cities in Indiana have adopted the “3 foot rule,” requiring motorists to leave at least 3 feet of space when attempting to pass a cyclist. Unfortunately, motorists occasionally come too close to bikers when attempting to pass them on the road, and serious collisions can occur that can lead to devastating injuries to the cyclist.

           6.  The Dooring

Dooring bicycle crashes occur when a driver opens the door of his or her parked vehicle directly into the pathway of an oncoming cyclist, causing the cyclist to collide with the door, often at a high rate of speed. The unfortunate reality of dooring crashes is that they frequently cause the cyclist to flip over the door, leave him or her vulnerable and exposed to oncoming traffic.

Dooring collisions take place most frequently in highly populated areas like New York City and Chicago, but they are becoming more and more prevalent in places like downtown Indianapolis.

           7.  The Careless Cyclist or Pedestrian

Yes, it is true: cyclists and pedestrians are not perfect! Cyclists and pedestrians who carelessly enter a fellow bicyclist or pedestrian’s pathway can be liable for the resulting injuries. Beware of such accidents on places like the Monon Trail!

 

Caress Law Group’s Indiana Bicycle Accident Lawyers, Tim Caress and Lance Worland, understand that the lives of cyclists and their families can be drastically changed as a result of accidents. If you or a loved one has been injured in an Indiana bicycle crash or if you have a question about this post or any of Indiana’s bicycle laws, please feel free to contact Caress Law Group by clicking here, calling our office at any time at 317-255-5400, or by email at lance@caresslaw.com. We represent injured cyclists throughout the State of Indiana. All calls and emails are returned promptly, and we offer free, confidential consultations to discuss your case and your options. We look forward to assisting you, and be sure to ride safe!

 

December 6, 2013

Because Caress Law Group’s Indiana Bicycle Accident Lawyers dedicate our practice to representing victims of bicycle accidents throughout Indiana, we most often assist our clients with obtaining the compensation they deserve for the bodily injuries they sustain. This includes restitution for medical bills, lost wages, pain and suffering, and lost enjoyment of life that results from bicycle accidents. However, due to the destructive nature of these bike crashes, our clients are frequently left with heavily damaged bikes or their bikes are completely totaled. That is where our Indiana bicycle lawyers step in to make sure our clients are fairly reimbursed for their damaged property as well.

It’s not always easy to value a used bicycle, but it is becoming a more popular market, especially in Indiana as bicycle usage continues to rise at a rapid rate thanks to the State’s efforts in increasing the number of trails and bike-designated areas. With that being said, we would like to introduce our readers to www.bicyclebluebook.com. Much like www.kellybluebook.com acts as a database for used automobiles, Bicycle Blue Book does the same thing, but for used bicycles. While the site is still somewhat young, we feel that the used bike values are fair and consistent with market prices that we have seen, particularly around the Indianapolis area.

With Christmas around the corner, if you don’t feel like splurging for a new bicycle, what could make a greater gift for your loved ones than a used a bicycle? The good weather will be back before we know it, and the exercise that riding a bike can provide makes for a well-executed New Year’s resolution. Simply go to the site and choose your bike’s make, model, and year to obtain an estimated value. If interested, Bicycle Blue Book also offers a bicycle marketplace for registered users to buy and sell their new or used bikes.

If you or a loved one has been injured in a bicycle accident in Indiana or if you have questions about the insurance company’s valuation of your bicycle after a crash, contact the Indiana bike attorneys at Caress Law Group. We are the premier bicycle injury lawyers in Indiana and dedicate our practice to representing those who have been injured by another’s negligence. All contact with us is free and easy and we are happy to provide you with assistance. Contact us online by clicking here or give us a call (317-255-5400) or e-mail at lance@caresslaw.com. Ride safe!

August 13, 2013

BicycleBill

The bicycle accident attorneys at Caress Law Group are proud to reveal our new billboard located outside our office building at the intersection of 54th Street and College Avenue in Indianapolis! We are truly proud to be one of Indiana’s premier advocates for bicycle growth, safety, and legal representation. Whether you are located up north near South Bend, Fort Wayne, Valparaiso, Lafayette, or in the middle of the State near Indianapolis, Carmel, or Kokomo, down south near Evansville, New Albany, Jeffersonville, or Bloomington – or any where in between – we take great pride in calling ourselves bicycle lawyers and advocates, and we will always put our 100% effort into giving you or a loved one the best legal representation possible.

We truly want to help you, no matter the situation. If you ever have any question related to bicycle law or Indiana personal injury or medical malpractice law, feel free to call us at 317-255-5400 or Contact Us to submit an online inquiry. All consultations are quick, free, and easy. Ride safe!

August 7, 2013

Indiana, like most states, has its own set of laws that apply to the use of bicycles within the State’s boundaries. Indiana’s bicycle laws are utilized as an attempt to ensure public safety for all those on the road: bikers, pedestrians, and automobiles alike. For that reason, Indiana has adopted a statute that requires anyone on a bicycle to have a bicycle bell installed on his or her bicycle. Specifically, Indiana Code § 9-21-11-8 provides, “A person may not ride a bicycle unless the bicycle is equipped with a bell or other device capable of giving a signal audible for a distance of at least one hundred (100) feet.

Many bicyclists, even veteran ones, are not aware of the requirement to make sure their bicycle has a bell or other device. As you might imagine, the purpose of the Indiana legislature requiring the use of a bicycle bell is to promote public safety. Specifically, bicycle bells are useful in situations where you are trying to pass another cyclist or pedestrian or to give warning to a passer-by that you are approaching. Without the use of an audible device like a bell, the person you are attempting to pass may make a sudden movement or lane change at the same time you are attempting to pass them, which can lead to a bicycle collision with potentially serious injuries as a result.

Indiana Code § 9-21-11-8 goes on to also provide that “A bicycle may not be equipped with and a person may not use upon a bicycle a siren or whistle.” Clearly, there are safety hazards that are associated with both sirens and whistles. Sirens can be so loud that they may cause another biker to become startled and make a sudden movement, which could result in a bicycle crash. Whistles would necessitate a bicyclist to use his or her hands to lift the whistle to his or her mouth, which is a clear distraction hazard. Our bicycle accident lawyers recommend you simply purchase a small bell that will easily attach to your handlebars, as this will ensure a safe and law-abiding ride.

So, what is the consequence of riding a bicycle without a bell or other audible device? Other than jeopardizing your safety and the safety of other cyclists, if a law enforcement officer were to notice, you would commit a Class C infraction, which would result in a monetary fine. Additionally, if you were to be involved in a bicycle accident in Indiana without a bell or other audible device, and it was determined that this was a possible factor in causing the accident, you and your lawyer may find it difficult to prove liability on the part of the at-fault driver, cyclist, or pedestrian. This does not mean you do not have a case against the at-fault and/or his automobile insurance company, but it may have an effect on the distribution of liability since Indiana is a modified comparative fault state.

Caress Law Group’s Indiana Bicycle Lawyers want to make sure that you are safe and also protected when it comes to legal representation should you be involved in an Indiana bicycle accident. For the reason, we recommend you make sure your bicycle is equipped with a bell as required by Indiana law. If you or a loved one has been injured in a bicycle crash, you want to speak with an attorney who specializes in bicycle litigation in Indiana. We devote a portion of our practice to assisting victims of bicycle accidents and have over 20 years of handling such cases. We are happy to help by providing a free, easy, and informal consultation, just give us a call at 317-255-5400 or submit an online inquiry by clicking here. We look forward to hearing from you!

August 6, 2013

The City of Richmond and all who knew Darrell Smith are mourning the loss of a resident who loved to ride his bike. On August 5, 2013, Darrell Smith was riding his bicycle along U.S. 40 near Dunreith, Indiana, located in Henry County, Indiana, when he was struck from behind by a vehicle being driven by 28 year-old Jonathan Wright of Knightstown, Indiana. The Henry County coroner pronounced Darrell Smith deceased at the scene of the bicycle crash.

An investigation conducted by the Indiana State Police following the collision determined that Jonathan Wright did not see 58 year-old Darrell Smith, who was operating his bicycle eastbound in the right lane along the white fog line. Wisely, Darrell Smith was wearing a helmet at the time of the bicycle accident; however, he was not wearing any reflective gear nor does it appear that he was utilizing a lamp and/or reflector, which would only be required by Indiana bicycle law under Indiana Code 9-21-11-9 if he had been riding a half hour before sunset and a half hour after sunrise.

Just because Darrell Smith was not wearing reflective gear and/or utilizing a lamp or reflector as required by Indiana bicycle law, does that mean that Darrell Smith is automatically at-fault in this accident? These are issues that the Indiana bicycle lawyers at Caress Law Group tackle on a regular basis, which is why we advise that it is so important to seek advice from an attorney any time you or a loved one has been injured in a bicycle accident, automobile accident, or any other incident that occurs as the result of another’s negligence. Feel free to Contact Us or call us at 317-255-5400 to discuss any issue with Indiana bicycle accident law or any other Indiana personal injury issue.

We send our deepest thoughts and sympathies to the family of Darrell Smith and the resident of Richmond, Indiana who called Darrell Smith a friend. Darrell Smith appeared to be a great man who clearly enjoyed to travel via his bicycle and was an active member of Hillcrest Baptist Church in Richmond, Indiana. Our message to drivers of automobiles and bicycle riders is the same: share the road, be mindful of your surroundings, and take precautions to avoid accidents.

Caress Law Group’s Indiana Bicycle Lawyers are the leading Indiana personal injury attorneys who dedicate a significant portion of their law practice to representing victims of bicycle accidents. Please contact us at any time at 317-255-5400 or by clicking the "Contact Us" tab above.
We look forward to helping you on your path to recovery.