What if a bicyclist collides with a motor vehicle while trying to avoid a pothole?

If a bicyclist collides with a motor vehicle while trying to avoid a pothole in Indiana, the bicyclist may still be eligible to seek compensation for any damages incurred from the crash. Instead of proving negligence on the part of the motorist, the bicyclist can claim that the street defect was the proximate cause of the accident. In this case, the bicyclist can look to the state or municipality responsible for maintaining the street to seek compensation. In Indiana, the state or municipality can be held liable for a bicycle accident if a cyclist is able to prove that the entity was aware of the pothole or other danger and could have done something to fix it or reduce the hazard. Under Indiana law, this is known as the "actual knowledge" rule. When pursuing compensation from a municipality, it is important to hire an experienced bicycle accident lawyer to help move the case forward. Additionally, the cyclist may be able to pursue damages against the motorist if they were speeding, driving recklessly, or otherwise acting in a negligent manner before the accident. It is important to note that in most cases, the cyclist will not be able to recover damages if they were partly responsible for the accident, such as if they were running a stop sign or failed to use the appropriate hand signals.

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What if a bicyclist collides with a motor vehicle while trying to avoid a pothole?

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