A bicycle accident, a type of vehicle accident, can change your life in an instant. Without the protection of a frame, airbags, or a seatbelt, a cyclist struck by a car or truck often suffers injuries far more severe than the drivers involved, and the medical bills, lost income, and physical pain that follow can feel overwhelming. Insurance companies know this, and they often try to minimize what they pay an injured cyclist or shift blame onto the rider before a fair settlement is reached.
Attorney Stephen M. Wagner co-founded Wagner Reese, LLP in 1997 alongside Attorney Jason R. Reese, and the firm has represented injured Hoosiers across Indiana ever since. Both founding partners have been named to the Super Lawyers and Best Lawyers in America lists, and the firm has recovered more than $200 million for injury victims. If you were injured while cycling, reach out to Wagner Reese, LLP, today to schedule a confidential free consultation, and let our team guide you through this challenging time toward the compensation you may be owed.
⚠ Time-Sensitive: Indiana Law Limits Your Window To File
Injured in an Indianapolis bicycle accident? Indiana’s two-year statute of limitations begins from the date of your accident, and missing this deadline can end your right to compensation.
Decades of combined experience representing injured cyclists throughout Indiana. More than $200 million recovered for injury victims. No fees unless we win.
How Bicycle Accident Claims Work in Indianapolis
Indiana law treats bicycles as vehicles, which means cyclists have the same rights and the same responsibilities as motorists on public roads. When a driver fails to honor that right of way, the resulting collision can leave a cyclist with catastrophic injuries while the at-fault driver walks away largely unharmed.
Indiana also follows a modified comparative fault rule under Indiana Code 34-51-2-5. If you are found to share some responsibility for the accident, your compensation is reduced by your percentage of fault, but you are barred from recovering anything only if you are found 51 percent or more at fault. Insurance adjusters frequently try to push a cyclist’s share of fault above that threshold to avoid paying a claim, which is one of the main reasons riders benefit from having an attorney review the evidence before talking to an insurer.
A bicycle accident claim typically moves through four key stages.
Gather Evidence
Medical records, the police report, and scene documentation
Send a Demand Letter
A formal claim is sent to the at-fault driver’s insurer
Negotiate a Settlement
Pushing back against lowball offers toward a fair resolution
File a Lawsuit if Needed
If negotiations stall, your case can move to Indiana court
Most cases settle before trial, but having an attorney prepared to litigate often strengthens your position at the negotiating table.
Types of Bicycle Accident Cases We Handle
Bicycle accidents happen in a variety of ways, and the type of accident often shapes who can be held liable. Our attorneys handle bicycle accident claims arising from circumstances that include the following.
- Intersection collisions, where a driver turning left or right fails to see a cyclist crossing their path
- Dooring accidents, where a parked driver or passenger opens a car door directly into a cyclist’s path of travel
- Hit-and-run accidents, where the at-fault driver flees the scene before law enforcement arrives
- Distracted driving accidents, where a driver who is texting or otherwise not watching the road strikes a cyclist
- Crashes involving defective bicycle equipment, such as faulty brakes or a failed helmet strap
- Road hazard crashes, where potholes, construction debris, or poorly maintained bike lanes cause a fall or collision
- Commercial vehicle collisions, including crashes involving delivery trucks, buses, or rideshare drivers
Each of these scenarios can involve different evidence, different liable parties, and different insurance policies, so identifying the correct theory of liability early in your case matters.
What to Do Immediately After an Indianapolis Bicycle Accident
The steps you take in the minutes and days after a bicycle accident can have a lasting effect on your health and on your ability to recover fair compensation. If you are able to do so safely, consider the following.
- Move to a safe location away from traffic and check yourself for injuries
- Call 911 to report the accident and request that police create an official report
- Exchange contact and insurance information with the driver, but avoid discussing fault at the scene
- Photograph the scene, your bicycle, your injuries, and any relevant road conditions or signage
- Collect contact information from any witnesses who saw the accident happen
- Seek medical attention right away, even if your injuries seem minor at first
- Preserve your damaged bicycle and gear rather than repairing or discarding them
- Avoid posting about the accident on social media before speaking with an attorney
- Contact a bicycle accident attorney before accepting any settlement offer from an insurance company
Some injuries, such as concussions or internal trauma, may not be obvious right after a crash, so a full medical evaluation protects both your health and your claim.
How Wagner Reese Approaches Your Bicycle Accident Case
When you work with Wagner Reese, our attorneys begin by investigating the full circumstances of your accident, including the police report, any available surveillance or dashcam footage, witness statements, and the at-fault driver’s insurance coverage. We document the financial, physical, and emotional toll the accident has taken on you so that any settlement or verdict reflects the true cost of what you have been through.
Our firm has represented bicycle accident victims throughout Indianapolis with results that include the following.
While no two cases are alike and past results do not guarantee a similar outcome in your case, they reflect the level of preparation our attorneys bring to every claim. We work on a contingency fee basis, so you owe nothing upfront, and you only pay if we recover compensation on your behalf.
Common Injuries in Indianapolis Bicycle Accidents
When you are involved in an Indianapolis bike accident, you may have suffered catastrophic injuries due to the accident. When filing your bicycle accident claim, you may be overwhelmed with the medical expenses you suffered, and the insurance company may be unwilling to pay the full cost. Below are some of the most common injuries suffered in Indianapolis bike accidents.
- Spinal cord injuries
- Traumatic brain injuries
- Broken bones
- Eye injuries
- Friction burns or road rash
- Internal organ injuries
You may need an experienced bicycle accident attorney to help you get your medical bills covered and ensure the at-fault driver is held accountable for your suffering.
Liability for Your Bicycle Accident in Indianapolis
When you have suffered a severe injury, your first thought may be about insurance coverage. In some cases, bike accidents may be covered through the driver’s liability coverage, but injured parties may not be able to rely on this coverage alone.
Fault may seem apparent in some cases, but that does not make getting compensated easy. Your accident may have been caused by the driver’s failure to notice you, or the driver may not have checked their blind spot before turning. The insurance company may still try to offer less than the maximum settlement for your injuries, or argue that you share part of the fault for the crash. The table below shows how Indiana’s modified comparative fault rule can affect your recovery.
| Your Share of Fault | Effect on Your Compensation |
|---|---|
| 0 percent | You may recover the full value of your damages |
| 25 percent | Your compensation is reduced by 25 percent |
| 50 percent | Your compensation is reduced by 50 percent |
| 51 percent or more | You are barred from recovering any compensation |
When the stakes are high and you need as much compensation as possible for your suffering, an Indianapolis bicycle accident lawyer can help you negotiate with the liable party and their insurance company on equal footing.
Compensation for Indianapolis Bicycle Accident Victims
Many common injuries in bicycle accidents can leave you with lasting disabilities and suffering for years. In these cases, you may need compensation from the at-fault party, but you may not be sure what your claim is worth without the help that Indianapolis personal injury lawyers can provide. The table below outlines the two main categories of damages.
| Economic Damages | Non-Economic Damages |
|---|---|
| Medical bills and future treatment costs | Physical pain and suffering |
| Lost wages and reduced earning capacity | Emotional distress |
| Property damage to your bicycle and gear | Loss of enjoyment of life |
| Rehabilitation and ongoing care | Permanent disability or disfigurement |
Economic Damages
Many bike riders suffer severe injuries and high expenses in Indianapolis bicycle accident cases. Getting fair compensation for bicycle riders includes calculating current and future medical costs, lost wages, and estimating future related costs, including ongoing rehabilitation or long-term care.
Non-Economic Damages
When filing an insurance claim, you may be unable to get compensated for the intangible suffering you experienced unless your attorney pursues it directly. For example, broken bones are not just expensive to fix but can also cause severe pain that deserves compensation. Talk to your legal team about the intangible losses you have suffered and how those damages can be calculated.
Statute of Limitations for Indianapolis Bicycle Accident Cases
Under Indiana law, you generally have two years from the date of your bicycle accident to file a personal injury lawsuit, according to the Indiana Office of Court Services. If a cyclist dies as a result of a bicycle accident, surviving family members generally have two years from the date of death to file a wrongful death claim under Indiana Code 34-23-1-1.
Date of Accident
The filing clock starts running
2-Year Window
Indiana’s statute of limitations
Deadline to File
Missing it can end your claim
These deadlines apply even if you are still undergoing medical treatment, and the insurance company has no obligation to remind you that your time to file is running out. If you or a family member has been affected by a bicycle accident, speaking with an attorney as soon as possible helps preserve evidence and protect your legal options.
Indianapolis Bicycle Accident FAQ
Bicycle accident cases can be complex, and you may not be sure where to turn after a serious crash. We have answered some of the most common questions below so you have an idea of what to ask during your free consultation.
Do I Have a Valid Bicycle Accident Case in Indianapolis?
You may have a valid case if another party’s negligence, such as a distracted or careless driver, contributed to your accident and resulting injuries. An attorney can review the police report, your medical records, and the circumstances of the crash to help you understand whether you may be able to recover compensation.
What Is the Deadline to File a Bicycle Accident Lawsuit in Indiana?
Indiana’s statute of limitations generally gives you two years from the date of your accident to file a personal injury lawsuit. Waiting too long to speak with an attorney can make it harder to gather evidence and may put your right to compensation at risk.
How Much Does It Cost to Hire a Bicycle Accident Lawyer in Indianapolis?
Bicycle accident lawyers typically work on contingency fees, so you do not have to pay anything up front. In these cases, you only pay a percentage of the compensation you receive, and if your claim is unsuccessful, you do not owe your attorney anything.
Can Family Members File a Claim if a Cyclist Dies in a Bicycle Accident?
Yes. Indiana law allows certain surviving family members to pursue a wrongful death claim after a fatal bicycle accident. This type of claim can help cover funeral expenses, lost financial support, and the loss of companionship the family has suffered.
Does Indiana’s Comparative Fault Law Affect My Bicycle Accident Claim?
It can. Under Indiana’s modified comparative fault rule, your compensation may be reduced by your percentage of fault in the accident, and you may be barred from recovering anything if you are found 51 percent or more at fault. Insurance companies often try to shift blame onto the cyclist, which is one of the main reasons riders benefit from legal representation.
Will My Insurance Policy Cover My Bicycle Accident?
In some cases, you may be able to file a bike accident claim with the auto insurance of the liable driver. If the accident occurred because a motor vehicle driver failed to take proper precautions, their liability insurance may cover your injuries. However, the insurance company may try to place partial blame on you, claiming you were not riding in the bike lane or were otherwise negligent, and you may need a lawyer to help with mediation or litigation if a fair settlement cannot be reached.
Get Help From Bicycle Accident Lawyers in Indianapolis
If you have been injured in an Indianapolis bicycle accident, you may have grounds for a lawsuit. Many bicyclists do not know they may be entitled to both economic and non-economic damages, but Wagner Reese, LLP, is here to help you find out. Our Indianapolis bicycle accident lawyers have represented injured cyclists across the city, and our founding partners, Attorneys Stephen Wagner and Jason Reese, have both been recognized among Indiana’s top Super Lawyers and Best Lawyers in America honorees.
Insurance companies will do what they can to minimize your settlement offer, but when you have proper legal representation, you can pursue the strongest possible case for your damages, especially the long-term ones. Call our law firm today at (888) 204-8440 or complete our online contact form for a free, confidential consultation, and find out whether you have a strong case. You do not have to pay anything unless we win.
