Call Now If You Were in a Bicycle Accident
Motorists have an obligation to share the road with bicyclists. In fact, bicycles are considered “vehicles” under Louisiana law, and cyclists are afforded all the same legal protections and responsibilities as drivers of motor vehicles. When a driver fails to safely share the road with a bicyclist and causes a bicycle accident, the injured cyclist has and should use the right to file an injury claim in pursuit of justice and compensation.
If you were injured by a negligent driver while riding your bicycle, our Baton Rouge bicycle accident lawyer at Chris Corzo Injury Attorneys is ready to fight to put you back on top.
Our Baton Rouge personal injury attorneys will listen to you, answer your questions, explain your rights, and help you recover the compensation you deserve. Call (225) 999-1111 or fill out our online contact form to schedule a free consultation to discuss your case.
What Sets Chris Corzo Injury Attorneys Apart?
Our firm’s track record speaks for itself: We have recovered billions of dollars for thousands of clients and to fight for your maximized recovery, too. Our Baton Rouge bicycle accident lawyer is available 24/7 and frequently take these cases on a contingency basis, meaning you pay nothing unless we win.
- Our Christian values guide us to help injury victims recover maximum compensation.
- We have recovered billions of dollars for our clients.
- We charge nothing until we recover compensation for you.
- Free consultations.
- We will come to you to discuss your case.
When you meet with Chris Corzo Injury Attorneys, you will quickly see what sets us apart. Don’t wait to schedule your consultation.
Why Do I Need a Baton Rouge Bicycle Accident Attorney?
Navigating the aftermath of a bicycle accident can be overwhelming, but you don’t have to face it alone. Here’s why working with Chris Corzo Injury Attorneys is essential:
- Understanding the Law: Louisiana’s personal injury laws are complex, but our team knows them inside and out, ensuring your rights are protected.
- No Upfront Costs: We work on a contingency basis, meaning we cover the costs of your case and only get paid if we win for you.
- Focus on Recovery: Dealing with insurance companies and legal paperwork can be stressful. Let us handle all the details so you can focus on healing.
- Fighting Insurance Companies: Insurance companies often try to minimize or deny your claim. We know how to counter their tactics and fight for the maximum compensation you deserve.
- Thorough Investigation: Our team will investigate your accident to identify all liable parties and build a strong case to support your claim.
- Access to Resources: From gathering evidence to conducting depositions, we have the tools and expertise to build a compelling case on your behalf
With Chris Corzo Injury Attorneys by your side, you significantly improve your chances of recovering the compensation you need to move forward. Being represented by an experienced Baton Rouge bicycle accident lawyer can greatly improve your chances of recovering maximum compensation.
Common Causes of Bicycling Accidents in Louisiana
Louisiana has notoriously disorganized bicycling infrastructure, meaning there are generally fewer bike lanes and other safety-improving measures than other states. This situation forces cyclists to ride on roads that are not necessarily designed to accommodate them, which puts them in the direct path of larger vehicles. The result can be a disastrous bicycle accident if a motorist is not paying enough attention to the road and traffic around them.
Bicycle accidents in Louisiana are often caused by drivers who:
- Fail to Keep a Safe Distance: Motorists must maintain at least three feet of space from bicycles. If they veer too close, drivers and bicyclists do not have enough time to respond to each other to avoid a crash.
- Speed: Drivers who do not obey the speed limit have less time to respond to bicyclists or may stray out of their lanes when turning or following a curved road.
- Fail to Use Signals: Motorists are obligated to follow the rules of the road, meaning they must signal before changing lanes and halt their vehicles at stop signs and lights. Failing to honor these rules can result in collisions with all types of vehicles, including bicycles.
- Open a Car Door Without Looking: Many bicyclists stay to the right of the road to allow traffic behind them to pass more easily. This maneuver places bicyclists near parked cars. An accident can occur when a motorist opens the car door without checking to see if a bicycle is approaching.
- Drive while Distracted: Drivers should keep their attention on the road when they are behind the wheel. Texting while driving or engaging in other distracting activities can lead to motorists failing to notice nearby bicyclists, especially at night.
- Drive while Intoxicated: A motorist operating a vehicle while under the influence of drugs or alcohol is likely to cause a crash and less likely to see a bicyclist sharing the road with them due to the small size of their vehicle.
Bicyclists can reduce the risk of a collision by installing lights on their bicycles, wearing bright and reflective clothing, and using hand signals when turning or stopping. If you suffered injuries in a crash despite taking these precautions, our Baton Rouge bike accident attorneys can help you explore your legal options.
Common Bicycle Accident Injuries
Bicycle accident victims can suffer many types of serious injuries, including:
- Brain injuries
- Neck injuries
- Disfigurement
- Road rash
- Spinal injuries
- Broken bones
- Wrongful death
If you lost a loved one in a bicycle accident, the Baton Rouge wrongful death lawyers at Chris Corzo Injury Attorneys can help you. We bring our extensive experience, true compassion, and Christian values to every case we take. With our help, you can seek justice for your loved one and pursue your financial security, all while also allowing yourself the time to grieve because we are handling the case.
Proving Liability in a Bicycle Accident
In Louisiana, bicycles are considered “vehicles” and are treated legally like cars or trucks. This distinction makes proving liability for an accident more straightforward. Bicyclists have the same rights and obligations as other drivers, and motorists owe them a duty of care whenever they share the road.
To prove liability, you will need to prove that the defendant owed you a duty of care, they breached that duty of care, the breach caused the bicycle accident, and the accident resulted in your injuries. If you and the defendant were both on the road, the driver owed you a duty of care by default under state law. They might breach the duty of care by driving recklessly, driving while intoxicated, or texting while driving.
What Evidence May Be Used in a Bike Accident Claim?
Evidence that our bike accident lawyers might be able to use to prove liability in your case includes:
- Police Reports: The official report from a police officer responding to the accident can provide crucial information about what happened, including details about the involved parties, the location and time of the accident, and any citations issued at the scene.
- Witness Statements: Testimonies from people who witnessed the accident can provide an objective account of what happened, which can be instrumental in establishing fault.
- Photographs or Videos: Visual evidence from the scene of the accident, including damage to the bicycle and other vehicles involved, skid marks, road conditions, and traffic signs, can provide critical insight into what the driver did wrong.
- Medical Records: Documentation from healthcare providers can establish a link between the accident and the injuries sustained. Everything from emergency room records and doctor’s notes to rehabilitation treatment plans can be useful.
- Accident Reconstruction Expert Testimony: Accident reconstruction specialists can recreate the accident using physical evidence and witness testimonies to show how the accident occurred and who is at fault. Their expert opinion can carry significant weight in a legal case.
Louisiana Bicycle Laws
In Louisiana, bicycles must be equipped with durable brakes, a lamp that can illuminate up to 500 feet, lights on the back to increase visibility, and red reflectors placed around the bike. Bicyclists are legally required to use various handle signals when turning, slowing down, or pulling away from the curb, too. By following these basic bicycle laws, you can help protect your health and potentially limit your liability if a bicycle accident occurs.
Where Do Bicycle Accidents Frequently Happen?
Much of Louisiana’s roadways are not equipped with bicycle lanes, especially outside city centers. The bicycle lanes that do exist are not well-organized and often require cyclists to cross busy roadways and intersections without a dedicated marked path. As a result, many bicycle accidents occur in areas without bicycling infrastructure, especially at busy intersections. Parking lots and residential areas also see a proportionally high rate of bicycle accidents in some regions of Louisiana, so bicyclists and motorists alike need to always be careful and responsible when on the road.
What Happens If a Driver Flees After Hitting a Bicyclist?
If a driver hits you and speeds away without stopping, do everything you can to get the vehicle’s license plate. You should also try to remember the vehicle’s color, make, model, and any distinguishing features. Then, call the police to report the hit-and-run and give them all the information you have. With some luck, the police will be able to make an arrest so you can file an injury and/or insurance claim against the right party. If they are never identified, you can talk to our bike accident attorneys in Baton Rouge about possibly filing a first-party insurance claim with your own insurance provider.
What Should I Do After a Bicycle Accident?
If you’re ever in a bicycle accident, you should follow these steps:
- Ensure Your Safety: Move to a safe location away from traffic and check on others if it is safe to do so.
- Call For Help: Dial 911 immediately. Even if injuries seem minor, it’s important to have a medical evaluation as some injuries may not be immediately apparent.
- Report the Accident: When the police arrive, give them a detailed account of what happened. Be sure to get a copy of the police report.
- Document the Scene: Take photos or videos of the accident scene if you can, including your injuries, damage to your bicycle, the vehicle involved, and any relevant road conditions or traffic signs.
- Gather Information: Get the contact and insurance information from the accident’s driver and any witnesses’ contact details.
- Seek Medical Attention: Visit a healthcare professional for a thorough check-up following the accident, even if you feel fine. This step will ensure any injuries are treated and documented.
- Contact a Bicycle Accident Lawyer: Reach out to our firm as soon as you can. We can guide you through the process of creating a claim and seeking compensation.
- Avoid Discussing the Accident: Avoid discussing the accident details with anyone other than your lawyer because anything you say could be used against you later.
- Keep Records: Maintain a record of any expenses related to the accident, including medical bills, repair costs for your bike, and any lost wages due to time off work.
What is the Process of Filing a Bicycle Accident Claim in Baton Rouge?
At Chris Corzo Injury Attorneys, we’re committed to making your bicycle accident claim as stress-free as possible. Let us handle every step of the claims process, so you can stay focused on yourself, your family, and your recovery.
Five basic but important steps of a bicycle accident claim in Louisiana are:
- Investigation: The first step is usually a thorough investigation into the accident, which will include gathering all relevant evidence such as photos from the scene, medical records, and witness statements. Our attorneys can help conduct this investigation, ensuring no critical details are overlooked.
- Writing and Sending a Demand Letter: We can calculate your damages and write a demand letter to send to the liable party. This demand letter gives the liable party a chance to provide the compensation before any legal steps become necessary.
- Filing a Claim: If the demand letter is not accepted by the liable party, we can file a claim with the correct court. This step initiates official legal action and must be done before Louisiana’s two-year statute of limitations expires.
- Attempting to Negotiate: If possible, we will attempt to negotiate a settlement with the defendant. When this step is successful, the plaintiff and defendant both benefit from not needing to go to trial.
- Litigating: For some cases, litigation is necessary. Our attorneys can represent you in court, and we always prepare each case with the details and deliberateness as if it is headed to trial, even if we think a settlement negotiation could be successful.
Compensation Available for Bicycle Accident Claims
Our Baton Rouge bicycle accident lawyer will make every effort to negotiate a monetary settlement that covers your losses, especially if it means avoiding a costly and drawn-out court battle. If the defendant refuses to make an acceptable offer, however, our team is more than ready to fight for you in court. It’s all part of how Chris Corzo Injury Attorneys prioritizes your satisfaction as our client. Our Christian values mean we see you as a friend and neighbor in need, not just a case number.
Losses that might be compensable in your bicycle accident claim could include:
- Economic: You can be compensated for your medical expenses, lost wages, out-of-pocket expenses for miscellaneous losses, and even the cost to repair or replace your bicycle.
- Non-economic: You can demand compensation for intangible harm, such as your pain, suffering, traumatization, loss of independence, etc.
- Punitive damages: Punitive damages are not intended to compensate a victim but to punish the wrongdoer and deter future similar behavior.
In Louisiana, punitive damages, also known as exemplary damages, are rare and can only be awarded for specific conduct set forth by statute.
For example, Louisiana Civil Code Article 2315.4 states:
“In addition to general and special damages, exemplary damages may be awarded upon proof that the injuries on which the action is based were caused by a wanton or reckless disregard for the rights and safety of others by a defendant whose intoxication while operating a motor vehicle was a cause in fact of the resulting injuries.”
So, if the intoxication of a driver caused your bicycle injuries, you may be awarded punitive damages.
How Long Do I Have to File a Bicycle Accident Claim in Baton Rouge?
A statute of limitations sets the deadline for filing a suit to recover compensation for your damages.
Louisiana Civil Code Article 3493.1 provides the statute of limitations for most personal injury claims, which are two years from the date of the accident or incident that caused your injuries.
However, this is a new statute that expands the filing deadline and only applies to incidents that occur on or after July 1, 2024. If the incident that caused your injuries happened before July 1, 2024, you only have one year to file a claim.
This new deadline does not apply to all personal injury cases and does not apply to wrongful death and survivor actions. Under Louisiana Civil Code Article 2315.2 (B), wrongful death actions have a one-year deadline.
Likewise, under Louisiana Civil Code Article 2315.1, survivor actions also still have a one-year statute of limitations that begins to run on the date of death.
Are There Exceptions to the Louisiana Statute of Limitations?
Yes, exceptions to the statute of limitations can apply in certain cases. For example, the deadline to file a claim may be paused (or “tolled”) under specific circumstances, giving you more time to take legal action. In other situations, the filing deadline may be much shorter than the standard timeframe.
To understand how these exceptions might apply to your case, it’s crucial to consult an experienced Baton Rouge bicycle accident attorney as soon as possible. They can help you determine your filing deadline and ensure your claim is filed on time.
Ready to Start a Case? Call Our Baton Rouge Bicycle Accident Lawyer Now
At Chris Corzo Injury Attorneys, we believe in the power of compassion, integrity, and dedicated advocacy. Our experienced Baton Rouge bicycle accident attorney genuinely cares about helping people from all walks of life, and we are committed to providing you with the respect, attention, and support you deserve during this challenging time. We understand the complexities of Louisiana injury claims and will tirelessly fight to protect your rights and secure the compensation you need.
We strongly encourage you to reach out to us as early as possible in your case. Doing so allows us to gather crucial evidence, navigate legal deadlines, and build a strong, compelling claim on your behalf. Let us stand by your side and guide you through this important pursuit of justice.
Call (225) 999-1111 or complete the short form on our contact page to schedule a free consultation to discuss your case.