indiana injury and family lawyer blog

One of the unexpected effects of the Covid-19 pandemic has been an increase in the number of cyclists taking to the road for transportation, recreation, and exercise. Cycling presents a healthy alternative to attending crowded (or closed) gyms, and is one of many individual activities that have become more popular in the age of social distancing. Along with the increase in cyclists on Indiana roads, traffic accidents involving bicycles and other vehicles have also increased, often with fatal consequences.

A recently published news report discusses the increase in cycling-related accidents and fatalities, and advocates for more legal protections for cyclists on the road. According to the report, the Covid-19 pandemic has resulted in a significant increase in the number of cyclists on the road nationwide. An increase in auto-bicycle accidents has also been noticed since the beginning of the pandemic. Drivers have a legal duty to yield the right of way to a bicyclist traveling on a public road or highway. If the driver of a motorized vehicle is unable to safely pass a cyclist, the driver must stay behind the cyclist until it is safe to do so. The vague nature of many laws that give cyclists the right of way can lead drivers to make dangerous decisions when encountering cyclists on the road.

Most states have specific laws known as “safe passing” laws that require drivers to maintain a safe distance while passing a cyclist, and also permit drivers to cross over a double yellow line to safely overtake a biker. Indiana is one of only six states without laws that specifically address passing a bicyclist. Although there is no safe passing law on the books in Indiana, drivers are still required to yield the right of way to a bicyclist traveling on a public roadway in the direction of traffic. If a bicyclist is struck by a driver and injured or killed, the driver may be responsible in civil or criminal court for the damages related to the accident.

As the country is still reeling from the pandemic, many employers continue to shift their expectations for employees. These changes have drastically impacted traffic patterns and commuting methods. Many Indiana commuters are finding alternative ways to commute to work and their daily activities. While biking continues to be a popular mode of transportation, it has also led to the steady increase of Indiana bicycling accidents.

The National Highway Traffic Safety Administration (NHTSA) reports that bike accidents comprise approximately two percent of all traffic fatalities in the country. Historically the majority of the fatalities involve young children; however, the rise in bike commuters has impacted the affected demographic. The NHTSA reports that around 700 individuals die every year in bike accidents, and nearly 48,000 suffer serious injuries. The average age of fatal bike accident victims is between 55 and 59 years old. Statistics also indicate that a disproportionate number of accident victims are males riding their bikes in urban settings. The majority of fatal bike accidents occur along major roadways. Further, historically, the evening rush hour is the most dangerous time of day for bikers. This may be because of the large numbers of commuters traveling home tired after a long workday. Finally, the most recent accident reports show that nearly 25 percent of fatal bike accident victims had a blood alcohol content of 0.01 or higher.

Not surprisingly, collisions between cyclists and large trucks typically result in the most catastrophic outcomes. For example, local news reports described a harrowing accident between an Indiana cyclist and a dump truck. Law enforcement received reports of the bicycle accident around 12:45 p.m. When they arrived, they discovered that a dump truck rear-ended the 67-year-old bicyclist. The woman suffered several broken bones and a head injury. She was life-flighted to a hospital; however, she later died from her injuries. Police do not believe that alcohol or drugs were involved in the accident; however, the case is still under investigation.

The League of American Bicyclists (LAB) ranks Indiana as the 24th most bicycle-friendly state in the U.S. When bikers and motorists are on the road together, both parties should take extra steps to ensure each other’s safety. However, cars have inherently more control over their vehicles and must take extra precautions to avoid a collision.

In addition to traffic regulations, Indiana maintains laws that apply directly to bicyclists. Specifically, Title 9, Article 21, Chapter 11 of the state’s code explains the rights and duties of bicyclists in Indiana. Most importantly, all road users should understand that bicyclists have a right to share the road with motorists. In the same vein, bicyclists must abide by the statute as well. For instance, bicyclists may not ride on anything besides the permanent and regular seat attached to their bike.

Further, bikers may not use whistles or sirens while on their cycles. Additionally, cyclists must ensure that their bikes have a working brake that will allow the cycle to stop on dry and level pavement. While most lawmakers understand the importance of bike safety, the law does not require bikers to wear helmets. Although the law does not require cyclists or passengers to wear helmets, bikers should err on the side of caution and wear a helmet.