Indiana Bicycle Accident Lawyer Get your
Free Consultation
Custy Law Firm | Accident & Injury Lawyers

Indiana Bicycle Accident Lawyer

While car accidents are much more common than traffic-related bicycle accidents in Indiana, bicycle accidents prove much deadlier. In 2020, according to the Indiana University Public Policy Institute, pedestrians and cyclists were involved in less than 1 percent of accidents across the state. However, the incidents accounted for 14 percent of all traffic-related deaths. After such as tragedy, families are often left with nothing but grief and medical bills.

bicycle accidentIf your family member has died in a crash, the Indiana fatal bicycle accident lawyers at Custy Law Firm | Accident & Injury Lawyers can help you hold a negligent driver accountable. Our Valparaiso personal injury attorneys have extensive experience with wrongful death cases. No amount of money will make up for the loss of a family member, but we can help you explore your options if the loss is due to negligence.

Compensation from a lawsuit can help you pay outstanding medical bills, burial costs, and other financial considerations associated with losing a loved one. However, Indiana wrongful death cases can be complicated and time-consuming, but our attorneys can help. Call (219) 286-7361 or visit our contact page today for a free consultation.

How Does Indiana Define a Wrongful Death?

According to Indiana law, wrongful death is any death caused by another party’s negligent act or failure to act. A fatal bicycle accident qualifies as a wrongful death if you can demonstrate that the driver showed negligence. Common examples of negligence that often cause fatal bicycle accidents include:

  • Driving under the influence of drugs or alcohol
  • Speeding or driving too fast for road conditions
  • Distracted driving
  • Drowsy driving
  • Failing to yield the right-of-way at an intersection or crosswalk
  • Drivers opening their doors without looking for cyclists
  • Drivers failing to check their mirrors and blind spots before turning, changing lanes, or backing up

Who Is Eligible to File an Indiana Wrongful Death Lawsuit?

The ability to file a wrongful death lawsuit in Indiana depends on several factors. If the victim was a minor, the parent or a legal guardian could file a lawsuit. As far as wrongful death cases are concerned, state law defines a child as:

  • Unmarried with no dependents and younger than age 20
  • Unmarried with no dependents and younger than 23 but enrolled in higher education (university, a technical college, career school, etc.)
  • A fetus developed enough to survive outside the womb

If the victim is not a child, as defined by state law, then the personal representative of the deceased’s estate must file the lawsuit. In many cases, this person is a family member. However, the representative can be anyone named in the victim’s will. If the deceased did not name someone in their will or did not create a will, the courts can appoint someone to represent their estate. This person can also file a wrongful death lawsuit.

Compensation in Indiana Wrongful Death Cases

In Indiana, specific laws give guidance regarding compensation in a wrongful death case, according to several factors. These factors include age, dependents, marital status, and assumed future earnings. Settlement in a wrongful death case breaks down as follows:

  • A child under Indiana law – In these cases, the child’s parents or legal guardian can receive compensation for the loss of the child’s future earnings and other services, the loss of consortium, any medical bills, counseling for surviving family members, and covering any of the deceased’s outstanding debts.
  • Unmarried adult with no dependents – In these cases, the deceased’s estate can receive compensation for burial and funeral expenses, medical bills, and the family’s emotional consideration.
  • Married or had dependents – In these cases, the deceased’s estate can receive compensation for burial and funeral expenses, medical bills, future lost earnings, and the loss of the victim’s love, emotional support, and guidance.

In Indiana, compensation can include payment for the loss of companionship, otherwise known as the “loss of consortium.” This compensation is awarded to the victim’s family for the intangible and non-economic aspects of the death. This can include love, guidance to a dependent, and the general emotional toll associated with the lost relationship.

How Compensation Is Disbursed in Indiana Wrongful Death Cases

sad family after death of relativeThe laws regarding Indiana wrongful death cases are generally complicated, and the rules for awarding compensation are equally complex. To start, any compensation awarded in a wrongful death lawsuit concerning the death of a child goes directly to the victim’s estate. The estate can then distribute the money to the deceased’s beneficiaries.

In wrongful death cases involving unmarried adults without dependents, the compensation for funeral bills and medical expenses goes to the deceased’s estate. The victim’s parents or non-dependent children will receive the rest of the compensation. However, the surviving family members must first prove they had a real and substantial relationship with the victim.

Finally, in wrongful death cases involving a married adult or an adult with surviving dependents, the victim’s estate receives compensation to cover the costs of medical bills and funeral expenses. The victim’s spouse and any dependents receive the rest of the compensation.

Statute of Limitations on Indiana Wrongful Death Cases

After the death of your loved one, you have two years to file a wrongful death lawsuit in Indiana. Otherwise, the state will automatically dismiss your case. Understandably, due to the emotional nature of the event, family members sometimes hesitate before filing a lawsuit. However, to avoid any issues with the statute of limitations, it’s essential to talk to a lawyer as soon as possible after a family member’s untimely death.

Contact an Indiana Fatal Bicycle Accident Attorney Today

Negligent Indiana drivers should be held liable for their actions, especially when they kill a defenseless cyclist. Our knowledgeable and experienced lawyers can help you through the tragedy. If someone in your family has died in a bicycle crash, call (219) 286-7361 today or visit our contact page to speak with one of our Indiana fatal bicycle accident attorneys.

In The News
Sep 22
How to Win at Mediation

Mediation is a form of alternate dispute resolution. Mediation can consist of settlement negotiations facilitated by a neutral third party between an accident victim and the person responsible for the […]

VIEW ALL NEWS
Is Mediation Legally Binding?
Sep 15

A critical issue in an Indiana personal injury case is deciding whether to settle the matter in mediation. Mediation is a guided negotiation process led by a trained mediator to […]

Preparing for Personal Injury Mediation
Sep 08

If you’ve filed a personal injury lawsuit after an accident, you may have been ordered to participate in mediation. Or maybe you heard your Indiana personal injury attorney mention it. […]

How Mediation Works in Personal Injury Cases
Sep 01

You’ve been hit by a car, injured after falling in a grocery store, or hurt by a malfunctioning consumer product. Whatever personal injury case you have, there’s a good chance […]

The Most Common Causes of Car Accidents
Dec 01

While some car accidents may be unavoidable and not any driver’s fault, such as a deer jumping into the road, most car accidents are preventable. There are many reasons or […]

Testimonials

Custy Law Firm has redeemed the reputation lawyers face in the legal field. I’m so grateful for their professionalism, their communication skills as well as their knowledge of the law. […]

- Yolonda M

Brian and his team were extremely helpful to us in resolving our case (related to personal injury from a traffic accident).  Brian listened to what our goals were for the […]

- Saroj S.

As a medical professional, I would like to testify that Mr. Brian Custy is the best attorney I met in Indiana. I trust his knowledge, experience, and professionalism. The firm […]

- Fei L.

From the first visit at Custy Law , I felt completely comfortable that my Auto accident would be taken care of. It was as if a huge weight was lifted […]

- Glenn H.

I am extremely happy with the quality of service and guidance I have received with Custy. His staff are amazing and he is very professional and down to earth. He […]

- Erin C.

Custy Law Firm provides the highest level of professional and ethical services to its clients. Brian Custy and staff are deeply committed to obtaining justice for those harmed by the […]

- Lisa C.

My experience with The Custy Law Firm has been nothing short of fantastic. I knew very little after PA school regarding the reading, understanding, and negotiating of contracts when accepting […]

- Monica B.

We’ve known Brian for a long time and he’s excellent on many levels. He has always focused on learning, achieving his goals, and operating ethically. He’s friendly, hard-working, very professional, […]

- Jenne C.

Brian Custy helped me at a time I needed someone I could trust.  He was attentive, positive, thorough, knowledgeable, and professional in every exchange.

- Judy M.

To some they would think my case as minimal. Custy Law Firm treated me with the most respect and consideration. Thank you CLF.

- William C.

I originally tried to use our legal counsel from my union. I was getting lowball offers, and after I refused to accept their offer, I was fired by my very […]

- RYAN D.

Since day one i have received the best service that anybody can ask for. Mr. Custy and Melissa have been such caring and trustworthy people. They really make you feel […]

- Joel Marquart

“Mr. Custy is an excellent lawyer that not only takes care of business but actually takes the time to listen to his clients. Mr. Custy cares and that is why […]

- CARLOS G

I have had the pleasure of working with Attorney Custy for the past two years on two cases at the same time. This has been the hardest thing I have […]

- ANGIE R.

“Brian Custy is a terrific lawyer that takes the time to walk you through the entire process, explaining all of the details that often times get overlooked. His follow-up was […]

- COREY O.

“Mr. Custy is a very good lawyer. He goes out of his way to make sure he is doing the best he can for your case. He is always there […]

- ALICE B.

“ Custy Law Firm | Accident & Injury Lawyers has gone above and beyond while working on my case. I was injured on the job and Brian has given me […]

- TIFFANY G.
View All Testimonials
American Association for Justice Logo
Illinois State Bar Association Logo
Academy of Truck Accident Attorneys
National Trial Lawyers top 100 Attorneys Logo
NTL Top 10 for Trucking Litigation
National Institute for Trial Advocacy
Indiana Trial Lawyers Assocation
Trial Lawyer's College Thunderhead Ranch Logo
American Association for Justice Logo
National Association of Distinguished Counsels
American Association for Justice Logo
GET YOUR FREE CASE EVALUATION