New Orleans Bicycle Accident Lawyers (2023)

Office Location: 400 Poydras Tower, Poydras St Suite 1975, New Orleans, LA 70130

When it comes to sharing the road in New Orleans, many drivers do not recognize the rights of cyclists. Today's impatient society causes motorists to view cyclists as an obstacle that slows them down. Biking in New Orleans is your right and riders must share the road by state law.

If an impatient or reckless driver caused an accident that resulted in serious injuries, you don't have to wait any longer to get help. The personal injury attorneys of Stewart J. Guss are available, toll-free, 24 hours a day, seven days a week at 800-898-4877, or you can contact our law office immediately atCLICK HEREto tell us more about your case.

A guide to bicycle accidents in New Orleans

Our New Orleans bicycle accident attorneys can help

Maybe you went for a bike ride, but you actually stayed in your lane - the bike lane. A driver who did not stay in his car crashed into you and was seriously injured. The negligent behavior of the responsible driver requires accountability.

You have every right to ride your bike safely in and around New Orleans. Just because a driver is in a hurry or simply sees cyclists as a nuisance is no excuse for causing harm. Even if you choose to wear a helmet, reflective gear and protective clothing, it only takes a second for the driver's eyes to take their eyes off the road. A second is all it takes for your life to change through no fault of your own.

At Stewart J. Guss, Personal Injury Attorneys, we offer free case evaluations. If we decide to proceed with litigation, there is no fee unless we provide compensation to you. You have nothing to lose by calling us or contacting us online. The sooner we review your case, the better. We must decide on further action and initiate litigation before the statute of limitations expires.

A violent collision between a car and your bike can leave you in the hospital for a very long time. When an aggressive insurance company representative waves an attractive settlement offer in front of you, it probably looks tempting. However, during this time of great stress, worry and physical pain, you should not make important financial decisions.

The insurance company wants your case to go away quickly. Their number one interest is not you, but the best interest of the company. Whileinitial settlement of a bicycle accidentthe offer may seem like a lot of money for you and your family, it's probably not enough. Although every case is different, you may be entitled to financial compensation for your medical bills,property damage, lost wages, and pain and suffering.

Catastrophic injuries often result in the need for lifelong medical care. Health care costs continue to escalate, costing patients thousands, if not millions, each year. No one should have to suffer such financial stress because another driver failed to share the road.

We treat all of our customers with the respect they deserve during this difficult time, while at the same time aggressively fighting for you. Knowing you have strong legal representation in your corner can give you the peace of mind you need to focus on your health.

Biking in and around New Orleans is a great way to experience our vibrant city. But when one leaves Bourbon Street orMardi Grasdrunk, their entertainment can change your life. Getting behind the wheel drunk or deciding to text a friend can spell havoc for a cyclist like you.

Not everyone wants to share the road with cyclists - no matter whatzakon LouisianeStates. At Stewart J. Guss Personal Injury Attorneys, we have no problem holding these drivers responsible for their negligence, nor do we have a problem handling reluctant insurance companies.

Unfortunately, some accidents involving cyclists,pedestrians,and reckless drivers result in death. If you have lost a loved one to a driver who failed to share the road, contact us to discuss your case. Depending on the circumstances, you may be entitled to compensation from a death claim.

Common causes of bicycle accidents in New Orleans

A serious bicycle accident in New Orleans can happen for a variety of reasons. No matter how carefully you follow the rules of the road, driver behavior dictates whether your drive is safe. Here are just a few examples of reckless driver behavior that puts cyclists at risk of serious injury:

Carelessness of the driver -Distracted driving is a growing problem thanks to new in-car technologies and smartphones. While distracted driving also includes actions such as eating, reaching and applying makeup, smartphones are increasing the problem. According to a survey by the AAA Traffic Safety Cultural Index Foundation, nearly 78 percent of people believetexting while drivingis a significant hazard. Despite this claim, more than 30 percent admitted to such behavior.

Texting while driving is especially dangerous because it takes away three key components needed to drive:

• Visually -He looks away from the road
• Manual -He takes his hands off the wheel
• Cognitive -Distracts you from driving

TheCenters for Disease Control (CDC)reports that at 55 mph, sending or reading a text takes your eyes off the road for about 5 seconds. The CDC says that's enough time to walk the distance of a football field.

For cyclists, a distracted driver is a serious threat. No matter how focused you are on the road, chances are the drivers around you are too focused on their phones.

Drunk driving -Despite numerous public safety campaigns against drunk driving, people still take risks behind the wheel. Their selfish behavior and overconfidence in their ability to ride puts cyclists at great risk of serious injury. More than 300 deaths occur throughout Louisiana each year due toaccidents caused by alcohol.

Due to the erratic driving of a drunk driver, it is almost impossible to avoid an impact. In some cases, a cyclist may never see a drunken driver coming their way. Lack of reaction time and poor protection can result in catastrophic injuries for the cyclist. While a drunk driver has the protection of airbags and a seat belt, a cyclist is completely vulnerable to broken bones, spinal cord injuries and more. Even the safest helmet may not protect you from a strong impact between the pavement and your head.

Louisiana, like many states, has a blood alcohol level (BAC) of 0.08. Anything at or above that level is considered legal drinking. According toNational Highway Traffic Safety Administration (NHTSA), visual impairment can begin at a BAC level of 0.02. When a person reaches 0.05, he begins to feel a decrease in coordination. A driver at one of these levels is not considered drunk under Louisiana law, but can still cause a serious accident.

Aggressive driving -Impatient drivers encountering cyclists can become aggressive by following too closely or honking their horns. Their impatience and failure to share the road can result in a collision with a cyclist and/or another car.

Drivers may also throw objects at cyclists or intentionally run them off the road—these drivers are least likely to stop and usually flee the scene. Throwing objects or taunting cyclists is against the state's Vulnerable Road Users Act. It is also known that drivers do not give way to cyclists.

The road rage and impatience experienced by motorists directed at cyclists involves two key beliefs:

• The driver's tax dollar pays for the road
• That bicycles have no rights

The fact is that underzakon LouisianeCyclists have all the same rights and duties as drivers of motor vehicles. It doesn't matter what a driver believes about bikes and sharing the road - the law is very clear. Experiencing a violent collision with the pavement or the hood of a vehicle is a traumatic experience. The vulnerability of a bicycle cannot be compared to the average 4,000 pound vehicle. If you have suffered catastrophic injuries through no fault of your own while riding a bicycle, contact Stewart J. Guss, Personal Injury Attorneys today.

Types of serious cycling injuries

The open feeling of riding a bike is what makes it both attractive and dangerous. But a lack of protection puts you at risk of serious, life-changing injuries. If you encounter a drunk, distracted or aggressive driver, you are at risk of one or more of the following injuries in the event of an accident:

Traumatic brain injury (TBI) -Only persons 12 years of age and younger are required to wear a helmet by Louisiana law. Choosing to wear a helmet can help protect you from TBI, however, a helmet is not guaranteed to prevent head injury. TheCenters for Disease Control (CDC)It describes TBI as a blunt blow, blow or jolt to the head, or a penetrating head injury, that disrupts normal brain function.

A severe TBI is especially devastating because of the lasting impact it has on your life. Certain functions such as memory and balance may become impaired, along with your ability to hear, see and touch. You could become more prone to emotional or behavioral outbursts. If your loved one suffers a severe TBI, they may never return to the person you once knew.

The results are not only devastating, but also costly. Caring for a loved one with TBI is often beyond what the loved one can handle. Long-term care facilities run into the thousands of dollars each month, causing your costs to skyrocket.

Broken bones -A car hitting your body almost certainly results in broken bones. Broken bones can go beyond your arms and legs to include your eye sockets or jaw. Many bicycle accident victims experience facial fractures and dental damage due to the lack of face protection.

Broken bones often involve multiple surgeries and extensive physical and/or occupational therapy. Bones usually take a long time to heal. Returning to a career may not be an option and you may need personal care assistance with daily tasks. Due to the lack of protection in bicycles, the possibility of breaking more than one bone is a real possibility.

Spinal cord injury -One of the most catastrophic injuries you can suffer in a bicycle accident is a spinal cord injury. This devastating type of injury usually involves some form of paralysis. Patients with spinal cord injuries often need power chairs, home modifications, and accessible transportation. Thethe cost of treating a spinal cord injuryit can easily reach millions of dollars every year.

In addition to these very serious injuries, a cyclist can experience serious road rash. This skin burn/abrasion comes from hitting the street or pavement and only adds to your misery. Although riding a bicycle does not give you the same protection as driving a car, it is a pleasant way to travel. Whether you ride your bike for exercise, for the environment, or both, it's your right to ride safely throughout New Orleans.

If a driver failed to share the road, resulting in a serious injury to you, let our legal team help. With over 20 years of fighting New Orleans bicycle accident claims, we understand the tactics insurance companies use to avoid a fair settlement. Don't talk to them! Talk to us instead.

At Stewart J. Guss, personal injury attorneys, we fight for our clients, and if we can't settle out of court, we're not afraid to go to trial. Let us investigate your bicycle accident case and get to work for you!

Frequently Asked Questions About Bicycle Accidents in New Orleans

What should I do if someone hits me while cycling?

First and foremost, make sure you or someone else is injured! If the driver of the motor vehicle was involved, you should exchange contact information with them as you would in a two-car accident. You will need their name, driver's license number, license plate number, contact method, insurance carrier and insurance policy number.

You should also contact the police to file a report. Failure to report an accident can result in a fine, even if you were the injured person!

If you are injured, seek medical attention as soon as possible, even if you do not believe your injuries are serious. The severity of the injury is not always felt immediately.

If you are indecisive and afraid of paying for treatment costs, don't worry - contact an experienced oneNew Orleans Personal Injury Lawyerwho can explain your legal options and guide you through the tricky process of getting compensation.

Do cyclists always have the right of way?

NO, they don't! Bicycles are considered vehicles, which means they must follow the same traffic laws as cars in terms of yielding the right of way at stop signs or traffic lights. Not only should you yield to other vehicles when necessary, but you should also take extra care when you have the right of way, making sure drivers can see you and have yielded appropriately before entering the intersection. This is for your own safety—bicycles offer VERY LITTLE protection against a collision with a motor vehicle!

Is there compensation for people injured in a bicycle accident?

That! Bicyclists injured by riders - or even in accidents caused by defective bicycle parts - can seek compensation for their injuries through third-party insurance or through a personal injury claim. Because Louisiana is a "fault" state in terms of motor vehicle insurance coverage, the injured party in any type of car accident has a choice as to how to seek compensation. A bicycle accident attorney can explain the differences in these procedures so you can make an informed choice.

There are some cases where a cyclist is injured by a driver who doesn't even stop and exchange information! If this is your case, your attorney may have other suggestions about how you can proceed.

Do I need a lawyer after a bicycle accident?

While no one technically needs a lawyer, deciding not to have one is usually a BIG MISTAKE. Do NOT trysettle your personal injury claim without a New Orleans lawyer. May they not pity you in this difficult time. Dealing with insurance companies is often a difficult process - your loss is their gain. Of course, they will try to avoid paying you by trying to shift the blame for the accident from their client to 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 claim, you will be faced with a legal process that is generally confusing to non-lawyers. Hiring an experienced attorney with a proven track record of success in these types of cases increases your chances of reaching a fair settlement. While you may feel like you're dealing with a hundred small frustrations, your attorney will consider the "big picture" of the consequences of your accident, including the full amount of your bills and the long-term effects your injuries may have on your life.

Who could be responsible for my bicycle accident?

In order to ensure a successful outcome to your personal injury claim, you will need to prove that someone else was responsible for the accident that caused your injuries. To prove liability, you must be able to prove that the individual or entity owed you a duty of care, that their legal duty of care was breached, and that breach resulted in the accident that caused your injuries.

The most likely responsible party in a bicycle accident is the driver who hit you. Drivers are subject to laws that require them to share the road with cyclists. One law is specialColin Goodier Protection Act, which requires drivers to leave a safe distance of at least THREE feet between their vehicle and the bicycle they are overtaking and passing. It also directs the Department of Public Safety and Prisons to include a summary of the act in driver instruction publications. (The rank is named after a former LSU School of Medicine student who, while training on his bicycle for a triathlon during his third year of surgical residency,died when a motor vehicle ran into him.)

I was not wearing a helmet when my accident happened. Can I still recover damages?

Helmets are only legally required for bicycle riders under the age of 12. If you've been injured in an accident and weren't wearing a helmet, don't worry - you can still seek compensation from the at-fault driver or another liable party.

What Compensation Can I Seek in a New Orleans Bicyclist Accident Claim?

Compensation that can be sought in a Louisiana bicycle accident injury lawsuit includes:

• Treatment costs, including ambulance rides, emergency department services, diagnostic testing, hospitalization, prescription drugs, rehabilitation and physical therapy, and assistive devices such as wheelchairs or crutches.
• Lost wagesbecause he was too injured to work or had to miss work to attend medical appointments. This also includes FUTURE lost wages.
• Non-economic damagessuch as pain and suffering or emotional distress.
• Punitive damages, in some cases where the defendant's actions were particularly outrageous. Punitive damages are intended to punish the defendant for those actions and encourage him to avoid such conduct in the future. Aggressive or reckless drivers—including those who speed, ignore stop signs or traffic lights, or drive drunk or otherwise intoxicated—may have to pay punitive damages if they hit you while you're riding your bike.

What is the statute of limitations for car accident claims in New Orleans?

Generally, the deadline you have to file a personal injury lawsuit in Louisiana isONE YEAR ONLYfrom the day 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 lawyer can advise you on whether there is an exception 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!

A driver killed my loved one in a bicycle accident. Can I get compensation for this loss?

If another person or entity caused the fatal accident, you may be entitled to seek compensation through a wrongful death lawsuit. Louisiana defineswrongful deathas when one person dies through the fault of another. A wrongful death lawsuit is a lawsuit filed in civil court seeking damages related to that death. Like personal injury claims,wrongful death actions in New Orleansthey have a legal term of only ONE year, in most cases.

Individuals eligible to file a wrongful death claim include:

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

Parents who abandoned the deceased during his or her childhood do not have the right to file a claim for damages through a wrongful death action.

Damages that can be sought in a wrongful death lawsuit include:

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

Can cycling accidents be avoided?

That. All accidents can be avoided. When people drive responsibly, pay attention to the road and look out for cyclists, they can reduce the number of bicycle accidents to almost zero. Unfortunately, cyclists cannot control how people in cars and trucks drive their vehicles, or predict the actions of others.

Nevertheless, here's how cyclists can reduce their chances of injury.

• Be visible. Many bicycle accidents happen simply because the driver was not looking for the cyclist and did not see you. Visibility is especially important at night! Wear brightly colored reflective clothing and attach a headlamp to your bike or a headlamp to your helmet.
• Wear a helmet every time you drive! Even if you are over 12 and not required to, wearing a helmet can protect you from serious or even fatal head injuries in the event of an accident.
• Follow the rules of the road. Ride on a marked cycle path if available. If not, be sure to drive as close to the right side of the road as possible. Do not drive on the pavement and do not drive against oncoming traffic.
• Learn and understand accepted hand signsused by cyclists to communicate their intentions to other drivers.
• If you are not sure who has the right of way, try to make eye contact with the driver before entering the intersection. This confirms that the driver sees you and is aware of your intentions!
• Be careful when opening the door. Dooring occurs when a passenger in a parked motor vehicle opens their door in the path of an approaching bicyclist. This often results in an accident as the cyclist either collides with a car door or becomes involved in an accident while trying to avoid the door.
• Be careful when stopping at a red light next to a large vehicle such astractor trailer. Larger vehicles have more significant blind spots and you run the risk of the driver not seeing you there.

On the other hand, drivers have the primary responsibility for avoiding cyclist accidents. They must:

• Obey all traffic laws! Remember to leave at least THREE feet of space when overtaking or passing cyclists.
• Avoid distractionswhich can cause you to lose focus on the driving task and the ability to focus on potential hazards.
• If you are parked on the side of the road, check that there are no cyclists approaching you before opening the door. One way to do this consistently is to always open the door with your right hand. It makes you turn around and look back.
• Check your blind spotsbefore returning to the roadway from the private driveway.
• Remember that you are obliged to give the right of waycyclist the same way you would other cars.

I can't afford a New Orleans bike accident lawyer. What should I do?

Good news - you CAN afford a lawyer! Most bicycle accident lawyers—including Stewart J. Guss, Injury Accident Lawyers—work oncontingency fee basis. This means we don't charge you for our services - we only collect a percentage of every settlement or court fee we help you obtain. Don't hesitate to reach out for help right away. We've got your back.

Call our New Orleans bicycle accident attorneys today

A Louisiana driver's license is a privilege, not a right. Many drivers do not remember this and feel that they have the right to all city streets and roads. Reckless and negligent driving behavior that harms road users is against Louisiana law. Our legal team takes great pride in fighting for the rights of bicycle accident victims throughout New Orleans, Louisiana and across the country.

Protect your future by contacting Stewart J. Guss, Personal Injury Attorneys today. Our legal team is ready to review your case and seek justice on your behalf. Don't let aggressive insurance company representatives force you to accept less than you deserve.

Don't let the fear of a cycling accident stop you from enjoying the sport of cycling. Riding a bicycle should not result in life-changing injuries due to the carelessness of another rider. When it happens, fight for justice by contacting us immediately.

The legal team of Stewart J. Guss, personal injury attorneys, has been nationally known for protecting the rights of injured victims for more than 20 years. If you have been injured in a bicycle accident in New Orleans, call our law firm now to schedule a free consultation! Because we take all of our bicycle injury cases on a contingency fee basis, you won't owe us a DIME unless we win your case. We're available 24 hours a day, seven days a week, so call us today at 800-898-4877 or contact us now atCLICK HERE.

Stewart J Guss, Personal Injury Attorneys, New Orleans Office

400 Poydras Tower

Poydras St Suite 1975

New Orleans, LA 70130

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"Mr. Guss was wonderful. He fought hard against the insurance company to get what we deserved. From owing almost $5,000 in medical bills to actually getting money in our pocket. Absolutely amazing!!!!! A big thank you from me and my family! !!"

-Karley B.