What if I was partially at fault for my bicycle accident in New Orleans? Even if you were partially at fault, you may still be able to collect damages.
It all depends on the percentage of fault you are responsible for. A New Orleans bicycle accident lawyer can help you determine if you have a case and may be owed damages.
What Kind of Actions Might Make a Cyclist Partially At Fault
As with all laws of the road, bicycle laws can be complex, and at times, we all make mistakes. However, even a minor infraction can lead to you being found partially at fault in a bicycle accident. Some of these actions may include:
- Riding against traffic
- Not using bike lanes when available
- Ignoring traffic signals
- Failing to use lights at night
- Improper lane positioning
- Sudden or unpredictable movements
Failing to adhere to proper bicycle laws can lead to you being found partially liable in a bicycle accident. It is essential to follow all applicable laws, but if something happened and this wasn’t the case, an attorney can help you retain as much of your compensation as possible.
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(504) 500-1111What You Do After a Bicycle Accident Can Help Prove Fault
Even if you are partially at fault for your bicycle accident in New Orleans, it is still important to follow some key steps to not only ensure safety for everyone at fault but also to protect your rights and allow you to receive compensation for your injuries.
Some steps to take after an accident may include:
- Stay calm and avoid admitting fault
- Document the scene
- Take pictures of any injuries or property damage
- Write down or voice record any important details
- Video record the scene if possible
- Take note of details, including visibility and weather conditions.
- Gather witness information
- Seek immediate medical attention, even if injuries seem minor
- Wait for the police to arrive
Even if you were partially at fault for your bicycle accident in New Orleans, it is crucial that you avoid admitting anything until you speak to an attorney. Doing so ensures you don’t take on more responsibility than you should.
How You Can Recover Damages if You Were Partially At Fault For Your Bicycle Accident
Louisiana adheres to a pure comparative fault system (Louisiana Civil Code Article 2323). This means that even if you are partly liable, you may still recover damages, less the percentage that you are found to be responsible for.
An example of how this system would be applied is this: if you were entitled to $100,000 but found to be 10% at fault, you would only be able to recover $90,000. This ensures that you are still compensated for the portion of the accident that you were not responsible for.
Determining the exact percentage for which an individual may be found liable can be challenging. Working with a New Orleans personal injury lawyer is a great way to make sure you are receiving full compensation for everything you are owed, even if you are partially at fault in your bicycle accident.
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(504) 500-1111How Your Attorney Helps Determine Fault and Build Your Case
Understanding the nuances of a bicycle accident and the fault percentages that accompany it can be challenging. Your attorney will work with you through consultation to help you know if you have a personal injury case. Common ways your lawyer can help you build your case can include:
Involving Experts
Oftentimes, attorneys bring on outside help. This can include, but is not limited to, medical experts, accident reconstructionists, and private investigators. Having third-party experts helps solidify your case and brings a non-biased, professional opinion to the table.
Communicating with Insurance Companies
A key piece of your attorney’s role involves acting as the buffer between you and the insurance companies. They handle negotiations, can make statements on your behalf, and can help you determine if a settlement offer is fair.
Filing Paperwork and Documenting Everything
The legal system is complex. Filling out a form incorrectly or filing late can derail your whole case. An experienced attorney knows these processes backwards and forwards and will work to ensure everything is done correctly and efficiently.
Navigating the Courts
Having an attorney, particularly one local to New Orleans, is a must if you are partially liable for your bicycle accident. They know the clerks, judges, and other individuals within the court system that may be involved in your case. This knowledge can help them better prepare and represent you.
The legal system is complex and often filled with red tape. Having a skilled attorney on your team means having someone in your corner who will fight for you. Understanding liability can be difficult. That’s why you have an attorney to handle it for you.
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(504) 500-1111Insurance Companies May Try to Increase Your Percentage of Fault
An insurer’s job is to save its client money. One way they may do that is by attempting to increase your percentage of fault. This is yet another reason why having an attorney is imperative.
Common ways insurance companies may try to increase your fault percentage may include:
- Misinterpreting statement
- Highlighting minor cyclist errors
- Downplaying driver negligence
- Using biased assumptions about cyclists
- Pressuring victims into recorded statements
It is vital that you understand your rights. You are not required to speak to an insurance company, especially not without representation.
Your lawyer will advocate on your behalf so that you receive the maximum amount of compensation the law allows, regardless of whether or not you were partially at fault for your bicycle accident.
Scott Vicknair Injury Lawyers Are Here to Maximize Your Compensation
After a bicycle accident, you may be dealing with injury recovery, trauma, time lost from work, and more. The last thing you should deal with, even if you are partially at fault for your bicycle accident, is fighting for the damages that you are rightfully owed.
At Scott Vicknair Injury Lawyers, we are here to fight on your behalf, and we fight for the win.