According to the National Highway Traffic Administration, in 2018, 857 bicyclists were killed in crashes with motor vehicles in the U.S. Louisiana is one of the most dangerous states for bicyclists. Louisiana is second only to Florida in the number of annual bicyclist deaths per million residents. While the growing number of people biking is great for the environment, it naturally increases the number of bicyclists that end up in hospitals from collisions with motor vehicles. Motorists behaving carelessly and recklessly around bicyclists is a main factor in collisions, especially in urban areas around Louisiana.
After a collision on your bicycle, collect the information of the driver, including his or her insurance information. If your accident is a hit-and-run, you will seek recovery through your own insurer. Louisiana is a fault state, meaning the party most at fault for a collision is the one whose insurance will pay. File your claim with the proper insurance company, notifying your own insurer as well.
Contact the experienced bicycle accident attorneys at Murphy Law Firm to determine the value of your case. Our team of expert bike accident lawyers will work hard to make sure your rights are protected and the courts hear your voice. Call (225) 928-8800 to sign up for a case evaluation today.
The Plaintiff was injured when he was traveling through a parking lot near LSU. After going over a speed bump, the front tire of the bicycle hit a pot hole causing the plaintiff to flip over the handlebars. The Plaintiff injured his arm and was required to undergo surgery. The First Circuit Court of Appeal found the parking lot was defective due to the pot hole. The Defendant settled for $750,000 at mediation.
*Results may vary*
A. In any action for damages where a person suffers injury, death, or loss, the degree or percentage of fault of all persons causing or contributing to the injury, death, or loss shall be determined, regardless of whether the person is a party to the action or a nonparty, and regardless of the person’s insolvency, ability to pay, immunity by statute, including but not limited to the provisions of R.S. 23:1032, or that the other person’s identity is not known or reasonably ascertainable. If a person suffers injury, death, or loss as the result partly of his own negligence and partly as a result of the fault of another person or persons, the amount of damages recoverable shall be reduced in proportion to the degree or percentage of negligence attributable to the person suffering the injury, death, or loss.
B. The provisions of Paragraph A shall apply to any claim for recovery of damages for injury, death, or loss asserted under any law or legal doctrine or theory of liability, regardless of the basis of liability.
C. Notwithstanding the provisions of Paragraphs A and B, if a person suffers injury, death, or loss as a result partly of his own negligence and partly as a result of the fault of an intentional tortfeasor, his claim for recovery of damages shall not be reduced.
Amended by Acts 1979, No. 431, §1; Acts 1996, 1st Ex. Sess., No. 3, §1, eff. April 16, 1996.