New Orleans Bicycle Accident Lawyers400 Poydras Tower, Poydras St Suite 1975, New Orleans, LA 70130

First and foremost, check to see if you or anyone else is hurt! If a driver of a motor vehicle was also involved, you should exchange contact information with them just as you would in the event of  a two-car accident. You will want their name, driver’s license number, license plate number, a method of contact, their insurance carrier, and insurance policy number. You should also contact the police to file a report. Failure to report an accident may result in fines, even if you were the person injured! If you were injured, seek medical treatment as soon as possible, even if you don’t believe that your injuries are serious. The severity of an injury isn’t always felt right away. If you’re hesitant and afraid of paying medical expenses, don’t worry - contact an experienced New Orleans personal injury lawyer who can explain your legal options to you and guide you  through the tricky process of obtaining compensation.

Yes! Bicycle riders who are injured by motorists - or even in accidents caused by defective bicycle parts - may seek compensation for their injuries either through a third-party insurance claim or through a personal injury lawsuit. Because Louisiana is a “fault” state in terms of motor vehicle insurance coverage, the injured party in any type of vehicle accident has a choice of which method of obtaining the compensation they wish to pursue. A bicycle accident attorney can explain the differences in these processes so that you can make an informed choice. There are some cases in which a bicyclist is injured by a motorist who doesn’t even stop and exchange information! If this is the case for you, your attorney may have other suggestions as to how you can proceed.

To ensure a successful outcome from your personal injury claim, you will need to prove that someone else is liable for the accident that caused your injuries. To prove liability, you must be able to establish that the individual or entity owed you a duty of care, that their legal duty of care was breached, and that this breach resulted in the accident that caused your injuries. The most likely liable party in a bike accident is the motorist who slammed into you. Motorists are subject to laws that require them to share the road with bicyclists. One law in particular is the Colin Goodier Protection Act, which requires drivers to leave a safe distance of no less than THREE feet between their vehicle and a bicycle that they are overtaking and passing. It also directs the Department of Public Safety and Corrections to include a summary of the act in instructional publications for drivers. (The act was named for an LSU School of Medicine alumnus who, while training on his bicycle for a triathlon during his third year of surgical residency, was killed when a motor vehicle struck him.)

The damages one can seek in a bicycle accident personal injury claim in Louisiana include:

• Medical expenses, including ambulance rides, emergency department services, diagnostic testing, hospitalization, prescription medications, rehabilitation and physical therapy, and assistive devices such as wheelchairs or crutches.
• Lost wages due to being too injured to work or having to miss work to attend medical appointments. This also includes FUTURE lost wages.
• Non-economic damages such as pain and suffering or emotional distress.
• Punitive damages, in some cases where the actions of the defendant were particularly egregious. Punitive damages are meant to punish the defendant for these actions and encourage them to avoid this behavior in the future. Aggressive or reckless drivers—including those who speed, ignore stop signs or stoplights, or drive while drunk or otherwise inebriated—may need to pay punitive damages if they hit you while you’re riding your bicycle.

If a fatal accident was caused by another person or an entity, you may be eligible to pursue compensation through a wrongful death claim. Louisiana defines wrongful death as when one person dies due to the fault of another. A wrongful death claim is a lawsuit filed in civil court seeking compensation related to this death. Like personal injury lawsuits, wrongful death actions in New Orleans have a statutory time limit of just ONE year, in most cases.

Individuals eligible to file a wrongful death claim include:

• The surviving spouse or children of the deceased.
• Surviving parents of the deceased, if there is no surviving spouse or children.
• Surviving siblings, in absence of a surviving spouse, children, or parents.
• Surviving grandparents, in absence of other survivors.

Parents who have abandoned the deceased during his or her childhood are not eligible to file for compensation through a wrongful death lawsuit.

The damages that may be pursued in a wrongful death claim include:

• Medical expenses for the treatment of the deceased’s final injury or illness.
• Funeral and burial expenses.
• Lost wages and benefits.
• The value of household services - formerly performed by the deceased - that must now be outsourced.
• The pain and suffering of the deceased from the time of injury until their death.
• The loss of care, companionship, guidance, and support that the deceased provided to their loved ones.

There’s good news - you CAN afford a lawyer! Most bicycle accident lawyers—including at Trust Guss Injury Lawyers—work on a contingency fee basis. This means we don’t charge you for our services - we only collect a percentage of any settlement or court award we help you obtain. Don’t hesitate to reach out for help now. We’ve got your back.

NO, they don’t! Bicycles are viewed as vehicles, meaning that they’re required to follow the same traffic laws as cars in terms of yielding the right-of-way at stop signs or stoplights. Not only should you yield the right-of-way to other vehicles when required, but you should also use extra caution when you have the right-of-way, ensuring that drivers see you and have adequately yielded before you enter an intersection. This is for your own safety—bicycles offer VERY LITTLE protection against a collision with a motor vehicle!

While nobody technically needs an attorney, choosing not to have one is usually a HUGE MISTAKE. Do NOT attempt to settle your injury claim without a New Orleans attorney. Don’t be left with regrets in this trying time. Dealing with insurance companies is often a difficult process - your loss is their gain. Naturally, they will attempt to avoid paying you by trying to shift the blame for the accident away from their client and onto YOU or others! Other common tactics include delaying action in your case or trying to convince you to accept a low settlement for your injuries. If your case involves filing a personal injury lawsuit, you will be confronted with a legal process that is generally confusing for those who are not lawyers. Hiring an experienced attorney with a proven history of success in these types of cases increases your chances of obtaining a fair settlement. While you may feel like you’re dealing with a hundred small frustrations, your attorney will consider the “big picture” of your accident’s aftermath, including the full amount of your bills and the long-term consequences your injuries may have on your life.

Helmets are only legally required for bicycle riders under the age of 12. If you were injured in an accident and weren’t wearing a helmet, don’t worry - you still can pursue the recovery of damages from an at-fault motorist or other liable party.

Generally, the time limit you have to file a personal injury claim in Louisiana is JUST ONE YEAR from the date of the injury. There are some exceptions, such as a waiver of this time period for accident victims who were minors at the time of their injury. Your attorney can advise you of whether an exception exists in your case. A year may seem like a long time, but it will fly by before you know it. Hiring a personal injury attorney to prepare your case sooner rather than later is ALWAYS your best bet!

Yes. All accidents are avoidable. When people drive responsibly, pay attention to the road, and look for cyclists, they can reduce the number of bike accidents to almost zero. Unfortunately, bicyclists cannot control how people in cars and trucks drive their vehicles, or predict the actions of others.

Nevertheless, here’s how bike riders can reduce the chances of injury.

• Be visible. Many bicycle accidents occur simply because the driver wasn’t looking for a bicyclist and didn’t see you. Visibility is particularly important at night! Wear brightly-colored and reflective clothing and affix a headlight to your bike, or a headlamp to your helmet.
• Wear a helmet every time you ride! Even if you’re over 12 and not required to do so, wearing a helmet may protect you from serious or even fatal head injuries in the event of an accident.
• Follow the rules of the road. Ride in a designated bike lane if one is available. If one isn’t, be sure to ride as close to the right-hand edge of the road as possible. Don’t ride on the sidewalk, and don’t ride against oncoming traffic.
• Learn and understand the accepted hand signals that are used by bicyclists to communicate their intentions to other drivers.
• If you’re unsure as to who has the right-of-way, attempt to make eye contact with the driver before proceeding into the intersection. This confirms the driver sees you and is aware of your intentions!
• Be cautious of dooring. Dooring occurs when an occupant of a parked motor vehicle opens his or her door into the path of an approaching bicyclist. This often results in an accident as the bicyclist either has a collision with the car door or becomes involved in an accident while trying to avoid the door.
• Use caution when stopping at a red light next to a large vehicle such as a tractor-trailer. Larger vehicles have more significant blind spots and you risk the driver being unable to see you there.

Motorists, on the other hand, have the primary responsibility to avoid bicycle accidents. They must:

• Obey all traffic laws! Remember to allow at least THREE feet of space when overtaking or passing a bicyclist.
• Avoid distractions that can cause you to lose focus on the task of driving and your ability to focus on potential hazards.
• If you’re parked on the side of the road, ensure that there are no approaching bicyclists before you open your door. One way to consistently do this is to always open your door with your right hand. This forces you to turn and look back.
• Check your blind spots before backing onto the roadway from a private driveway.
• Remember that you are required to yield the right-of-way to a bicyclist in the same way you would yield for other cars.