Bicycling Accidents – What if the Cyclist was At Fault?
Although there are laws set out to protect cyclists in Louisiana, they are all too often ignored. In 2018, The Wall Street Journal reported that Louisiana was the second deadliest state for cyclists. This indicates that a cyclist is more at risk in Louisiana than in any other state of being involved in an accident.
If you are hit by a car while riding a bicycle in Louisiana, you are likely entitled to make a claim and/or file a personal injury lawsuit. BUT:
What if the cyclist is the one at-fault, not the driver of the automobile?
Louisiana is a “comparative fault” state. What this means is that after an accident, both parties can be assigned a portion of fault (a/k/a liability). So, even if the cyclist is partially at fault, they are still able to file a claim and a personal injury lawsuit.
The comparative fault states assign liability out of 100%. The factors of influencing fault/liability come down to a cyclist’s actions and the driver’s behaviors as well. For the cyclist to be deemed at fault, the cyclist most likely failed to comply with traffic signals, they rode between lanes to bypass traffic perhaps, or they unexpectedly crossed a road or merged into traffic from the sidewalk. These are only a few examples of when the cyclist’s actions will deem them to be the majority party at fault.
Most often, the driver of the vehicle is at fault in bicycle-automobile accidents in Louisiana. However, if a cyclist is at fault, they will be held responsible for the damage that the vehicle took. In the event that they do not have insurance, repairs will need to be paid out of pocket by the cyclist. If they are insured, then the policy limits will be taken into consideration. Under Louisiana Revised Statute 13:5106, the state of Louisiana imposes a statutory cap of $500,000.00 for damages following a collision. This means that if you are the party found responsible for a bicycle accident, you could face a significant financial strain pursuant to the accident.
As a long-time bicycling enthusiast, Founding Attorney Paul Scott is personally aware of the dangers involved in cycling on the roads of Louisiana and the necessity of laws to protect cyclists and the potential injuries that may occur. Additionally, the experienced personal injury attorneys at the Scott Law Firm are experienced in representing both vehicles and bicyclists that have been involved in collisions and accidents. We know how to identify the person at fault and to prove their negligence.
If you have been involved in a cyclist accident, you deserve to be compensated for your damages and injury. Please contact us today to learn more about your rights and what you may be entitled to receive for your injuries. Our attorney, paralegals, and other staff members have the resources, skills, and experience needed to handle even the most complex cases. Schedule your consultations today!