Bicyclists in Louisiana have virtually all the same rights as motorists when they are riding on public roadways. Drivers have a particular duty to be careful when driving so they do not strike bicyclists in bike lanes or crosswalks. Unfortunately, drivers do not always fulfill this duty. When a reckless motorist causes a collision, it can have devastating consequences for any bike rider involved.
The experienced injury attorneys at Tomeny | Best know that being struck by a negligent driver while on your bicycle can make for deceptively complex civil litigation. If you want a fair shot of achieving a favorable result from your case, seeking help from a seasoned Lafayette bicycle accident lawyer should be your top priority.
How Fault Works in Bicycle Crash Claims
Because drivers are significantly less likely to be hurt in collisions with bicyclists than those bicyclists are, people may assume that drivers in these accidents are always legally at fault for ensuing injuries and losses. In reality, anyone trying to file suit over a bike accident still bears the burden of proving their injuries stemmed directly from a driver or any other party’s negligence.
In a nutshell, someone is “negligent” if they owed a “duty” to act reasonably around another person and “breached” that duty, directly resulting in an accident where someone suffered physical harm requiring professional medical attention. For example, since all drivers have a duty to obey traffic laws set out by state law, someone who runs a red light and strikes a bicyclist who is lawfully using a crosswalk would likely be considered “negligent” and, therefore, liable for crash-related injuries.
However, if that bicyclist had entered the crosswalk without a signal, they could be held partly liable for their own injuries due to state laws of comparative fault. In accordance with Louisiana Civil Code Article 2323, courts will evaluate the actions of everyone involved in a crash and assign each party a portion of the fault. Courts will then—is this supposed to be in blue/underlined? reduce the total compensation available to a plaintiff by this percentage of liability. A Lafayette attorney could provide vital assistance with proving someone else’s negligence and disproving allegations of “comparative fault” in a bike accident case.
Recovering for All Available Damages
A person who proves someone else is liable for harming them in a bicycle crash can pursue compensation for both the economic and non-economic consequences of that accident. Payments in a successful injury claim could cover losses including:
- Bicycle repair or replacement costs
- Lost work income or earning potential
- Past and future medical expenses
- Lost enjoyment of life
- Physical pain and discomfort
- Lost consortium
- Emotional trauma and psychological distress
A skilled bicycle accident attorney in Lafayette could help demand the full value of all recoverable damages.
Schedule a Free Consultation With a Lafayette Bicycle Accident Attorney Today
Riding a bicycle around Lafayette should not be any more dangerous than driving or riding inside a motor vehicle. However, the drivers of these vehicles are typically the biggest hazard bicyclists face. When they cause accidents through their own misconduct, bicyclists typically suffer the brunt of the consequences.
When a reckless motorist injures you, you have a right to demand comprehensive financial recovery and accountability. Call Tomeny | Best Injury Lawyers today to learn how a Lafayette bicycle accident lawyer could help you. Our tenacious team handles every aspect of your case from start to finish, so you can worry about what matters: your well-being and your family.
