Riding a bicycle in the Baton Rouge area offers an excellent form of exercise for some people. For others, it is their sole means of transportation to get to work, travel to school, or run errands. In many cases, bike riders share the road with travelers in motor vehicles. Unfortunately, this can result in collisions that inflict harsh physical injuries, debilitating emotional traumas, and severe financial losses.
If you were involved in a bike crash caused by a motorist, consulting with a Baton Rouge bicycle accident lawyer could help you collect the compensation that you need. A dedicated attorney at Tomeny | Best Injury Lawyers could stand by your side to prove fault for an accident, measure your damages, and demand that responsible drivers and their insurance companies provide the payments necessary to set things right.
Drivers Must Act Responsibly to Avoid Harming Bicyclists
All motorists in Baton Rouge owe a certain duty of care to others on the road. This duty of care means that drivers are responsible for keeping others safe by paying proper attention and following the rules of the road. This extends not just to other drivers but to all other people, meaning that drivers are just as responsible for injuries that they inflict on drivers as they are for incidents that impact pedestrians and bike riders.
When a driver fails to act responsibly behind the wheel, they could be held liable for the harm that results. In some situations, the driver violates a rule of the road that proves their fault for a crash. Traffic violations that could lead to liability in a bicycle injury claim include:
- Speed limit violations
- Failures to stop at red lights and stop signs
- Texting while driving
- Drunk or drugged driving
Injured bikers should retain legal counsel as quickly as possible after an accident to give themselves the best chance at financial recovery. A knowledgeable Baton Rouge attorney could get to work right away interviewing witnesses, gathering police reports, and collecting other evidence that points to the fault of the negligent driver.
Can A Bike Rider Be Found Partially at Fault for an Accident?
While it is not common for bicyclists to cause collisions with cars, there are situations in which a motorist might allege that a biker was partially or fully at-fault for a crash. In cases where liability is not clear, it is often necessary for bike riders to defend their own actions leading up to the incident.
Louisiana Civil Code § 2323 lays out the legal concept of comparative negligence, which is what allows for claims of shared fault. If a court or jury believes an injured bike rider to share some blame for the crash, that court or jury must reduce the compensation that it awards at trial. This can be extremely detrimental to an injured biker’s financial recovery, so it is crucial to work with a Baton Rouge attorney who understands how to establish an at-fault driver’s liability and avoid unfair accusations of blame.
Steps to Take After a Bicycle Collision
Every demand for compensation following a personal injury places the burden on the victims to prove fault for the incident and demonstrate their losses. As a result, there are a few things that an injured bike rider can do to strengthen their potential claim:
Immediately Call the Police
Not only is this a requirement under state law following an accident that results in an injury, but the police will also produce a report that is key evidence following a bike crash.
Seek Out all Necessary Medical Care
The sooner a person receives medical attention, the more likely they are to be able to connect their injuries to the event. In addition, obtaining prompt care increases the chances of making a full recovery.
Be Careful When Dealing with Insurance Companies
Insurance companies fight to protect their clients and finances, often at the expense of the injured party. It is advisable to avoid speaking with insurance adjusters or signing anything without a seasoned Baton Rouge bicycle crash attorney present.
Contact a Baton Rouge Bicycle Accident Attorney Today
Because bikers often have little to no protection against much larger and heavier vehicles, these individuals often suffer catastrophic injuries in the event of a crash. These physical injuries may require extensive medical care and leave the person unable to return to work. Collisions can also result in emotional traumas that impact one’s quality of life.
If you or a loved one suffered harm in a crash caused by someone else, you deserve fair compensation for your losses. A Baton Rouge bicycle accident lawyer could take all necessary steps to prove liability while negotiating with insurers on your behalf. We do not get anything unless you win– so set up a free consultation today. We are ready to put our experience to work for you.