Why Choose Our Bicycle Accident Lawyer in Lafayette?
Anderson Blanda & Saltzman can help. Our personal injury lawyers in Lafayette have been named among the Top 100 Trial Lawyers, have been designated as SuperLawyers, and are members of the Million Dollar Advocates Forum. We have focused our careers on helping injured victims and have represented more than 10,000 plaintiffs harmed by the negligence or wrongdoing of others.
Reach out today to talk with a Lafayette accident lawyer at our firm. You can give us a call at (337) 233-3366 or contact us online to schedule a free consultation and learn more about how we can advocate for you.
Who is Responsible for Bike Crashes
Louisiana follows fault rules for bicycle accidents. Under the state’s fault laws, collision victims always have the legal right to pursue a claim when someone hurts them in a crash. This is in contrast to no-fault states where non-serious injuries must be covered by the victim’s own insurance.
A driver can be at fault for an accident in situations when they are unreasonably careless behind the wheel. That’s because Louisiana Civil Code Article 2316 states that “every person is responsible for the damage he occasions not merely by his act, but by his negligence, his imprudence, or his want of skill.”
A bicycle accident victim would have to prove that the driver violated a safety rule that caused the accident, or that his careless and unsafe behavior was the direct cause of the crash.
Sometimes, both the bicycle rider and other drivers share the blame for an accident, which means that Louisiana’s pure comparative fault rules apply. These rules allow victims to pursue a claim against a driver who is even a small part at fault, unlike in modified comparative fault states where a victim can’t pursue a case unless the other driver is at least 50% or 51% to blame.
If a bicyclist shares fault, that rider cannot recover all of the damages from the crash though. Louisiana Civil Code Title V, Article 2323 says that “if a person suffers injury, death, or loss as the result partly of his own negligence and partly as a result of the fault of another person or persons, the amount of damages recoverable shall be reduced in proportion to the degree or percentage of negligence attributable to the person suffering the injury, death, or loss.”
Under this rule, if you were 60% responsible for a collision that caused $100,000 in damages, you could collect 40% of your losses or $40,000 from the driver who shared responsibility for the bike accident with you.
It can often be complicated to determine who was at fault, which is why it can be so important to get help from a skilled legal professional as early as possible when making your case.
Common Causes of Bicycle Accident
In 2023, 35 bicycle riders lost their lives in Louisiana, according to the state’s Highway Safety Commission. Another 749 bicyclists suffered injuries. As the Commission explains, “Bicyclists face distinct disadvantages when involved in traffic crashes. The sheer physics of a faster-moving vehicle colliding with a bike… often results in the vehicle “winning” the encounter.”
Because of the serious and often fatal injuries that result, bike accident victims and their loved ones need to understand their rights under Louisiana law and should take action to hold those responsible for harming them accountable.
Louisiana has a number of laws aimed at protecting bicycle riders, including Louisiana Code section 203, which prohibits motor vehicles from driving in bicycle lanes except in limited circumstances such as when making a turn.
These laws are designed to protect bicyclists and ensure they are able to operate safely on the roads and be treated like any other vehicle. Unfortunately, despite safety regulations, both drivers and bicycle riders sometimes make dangerous decisions that result in bike crashes.
Here are some of the most common causes of bicycle accidents:
- Distracted driving
- Drowsy driving
- Speeding drivers
- Drunk drivers or drunk bicycle riders
- Reckless drivers
- Riding a bicycle at high speeds
- Navigating unfamiliar roadways
- Mechanical failures
- Riding against traffic
- Poorly maintained bicycle paths or lanes
It will be important to determine the cause of any bicycle accident to determine who is accountable for losses.
Bicycle Accident Injuries
Bicycles provide no protection from the force or impact of a crash with a large vehicle. As a result, many very serious injuries can result after a bike crash. Some of the most common injuries bike riders suffer include:
- Head injuries
- Traumatic brain injuries
- Spinal cord injuries
- Injuries to the face and eye
- Damage to the musculoskeletal system
- Broken bones or sprains
- Chest or abdomen injuries
- Skin and soft tissue damage
When someone else causes a bike crash to occur, the accident victim can get compensation for all the injuries they sustain, including payments for medical bills and pain and suffering.
Our Lafayette Bicycle Accident Attorney Can Handle Your Claim
A Lafayette bicycle accident attorney at Anderson Blanda & Saltzman can provide you with legal help as you navigate the aftermath of your accident. Our legal team will help you to:
- Gather evidence from the scene of the bicycle crash, including photos from the crash location
- Interview witnesses to the bicycle accident to help determine the cause of the collision
- Obtain police reports from the crash scene and any investigation reports into the cause of the crash
- Find experts to testify about the cause of the crash and the resulting losses
- Help you to prove pain and suffering using tools like a pain journal
- Negotiate a settlement on your behalf or represent you in court
Anderson Blanda & Saltzman attorneys have focused on bicycle accidents and other injury claims for decades, with more than 100 years of collective legal experience. We are prepared to help every step of the way, including if your case goes to court as we’ve been recognized among the Top 100 Trial Lawyers.
Give us a call today at (337) 233-3366 to schedule a free consultation with a Lafayette bicycle accident attorney. We’ll offer a free evaluation of your case and we never charge legal fees unless we win your claim.