The indystar.com is reporting that a 14-year-old bicyclist is being treated for multiple fractures at Methodist Hospital in Indianapolis, after being struck by a Chevy Tahoe. The driver is alleged to have been intoxicated at the time of the accident.
If someone is involved in a bicycle accident as a result of someone else’s negligence, they may be able to seek a claim for damages even if they weren’t wearing a helmet. This claim could include seeking damages for their injuries, medical expenses, lost wages, physical pain, emotional suffering, and scarring or disfigurement they may endure as a result of the accident.
It is important to remember that while failure to wear a helmet does not usually prevent a bicycle accident victim from bringing a claim, if it can be established that the injuries were more serious because they failed to wear a helmet, this failure may be used against them in their case.
A southern Indiana bicycle rider who suffered serious injuries as a result of being hit by a motorist received some justice this week when the motorist plead guilty to attempted murder. The conviction arose out of a July 27, 2006 incident in New Washington Indiana when Justin Keith Simpson attempted to run over and kill the bicyclist Eric May. While May fortunately survived the crash, he reportedly suffered a head injury, and severe lacerations to his leg which may result in amputation.
According to the Clark County Prosecutor Jeremy Mull, the court has discretion as to Simpson's sentence, but the minimum recommended sentence for class A felonies in Indiana is 20 years in prison. The sentencing hearing is set for March 2, 2009.
In addition to the criminal prosecution, Simpson could face a civil lawsuit for injuries suffered by May in the bicycle/car accident. Under Indiana law, crime victims can sue the criminal for injuries they sustain, including damages for medical expenses, lost wages, pain, suffering and the loss of the enjoyment of life. While victims can sue criminals for damages, collecting damages for injuries arising out of criminal acts can prove difficult as most car insurance policies do not cover damages which their insured intentionally caused.
