Drivers and cyclists often occupy the same road. Consequently, distracted or reckless driving may end in a fatal accident. Both drivers and cyclists must act responsibly and stay vigilant on the road. However, the speed, size, and weight of a typical car will far exceed that of most bicycles, placing the cyclist at risk of severe injury or death when the two collide.
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 or 877-446-5294 for nationwide callers.