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Thomas E. Scifres, PC - Attorney At Law
43 Public Square,
Salem, IN 47167,
Either party can share in the fault under Indiana law. A bicyclist in Indiana has to follow the same rules of the road that an automobile follows, but cyclists also have to recognize that they’re less visible. There are available precautions that most don’t take that could prevent crashes and minimize the impact of injuries. A lot of comparative fault could rest with a bicyclist due to the bicycling habits that we see from a lot of non-competitive cyclists. The more serious bicyclists tend to log more miles on the road and take more safety precautions, like wearing reflective jackets, helmets, and flags.
Nevertheless, there’s still a duty on the part of every motorist driving a vehicle to keep a proper lookout and to maintain a proper following distance and all the things that go into avoiding any other type of crash. When a motorist fails to follow the rules of the road and fails to see a bicyclist, certainly there should be some fault assessed against the motorist who caused the crash.
The significant thing with bicyclists is to remember they’re not surrounding by two tons of steel so the potential injuries can be much more devastating. Even cases involving comparative fault can still result in a substantial recovery based on that and also on what the motorist’s insurance coverages are.
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