Whether you prefer to ride your bike on trails or roads, there is always a danger you will get in an accident. When you follow all the safety rules but someone else does not, it is frustrating when they hit and injure you because you have no way of preventing the accident.
Bike injuries are often severe or deadly because you have no protection against a much larger, heavier car, although helmets help prevent head injuries. Physical and financial losses should not fall on you alone. You have the right to pursue compensation for your injuries with help from a knowledgeable personal injury attorney. A Gretna bicycle accident lawyer fights with you to secure money from the person who hit you.
Obligations
Motorists and bicyclists must act responsibly, keeping themselves and others safe while sharing the road. Bicycles are considered vehicles under Louisiana Revised Statutes Annotated §§ 32:1(92); 32 § 194. This means bicyclists must follow the same road rules as automobile drivers, with some differences. Laws that target motorists and bicyclists include:
- Bicyclists do not have to ride in special lanes
- No law prevents bicyclists from riding on the sidewalk
- Motorists are not permitted to harass or throw objects at bicyclists
- Bicyclists and bike passengers younger than 12 must wear helmets
- Motorists parked on the street must check to ensure no bicyclist is about to pass the driver’s side door before opening it
Failing to follow vehicle safety laws opens a motorist to a negligence lawsuit when a bicyclist is injured. Often, the motorist’s insurer claims the bicyclist is partly responsible for the accident, and the insurer and client attempt to make a lowball settlement offer. When an appropriate settlement is not offered after negotiations, a Gretna bicycle accident lawyer could argue in a court of law and ask a jury for a fair award.
Compensation Available After a Bicycle Accident
Injured bicyclists usually face a long recovery. They must figure out how to pay their bills and take care of their families when wages are not coming in. Medical bills accumulate with severe injuries for initial treatment, ongoing therapy, and rehabilitative care. The at-fault party should pay for this, and a bicycle accident lawyer in Gretna could build a credible case to ensure they do.
Economic and non-economic damages are known as compensatory damages. An attorney could calculate economic damages that reimburse clients for medical bills, lost wages, and property damage. Non-economic damages could include pain and suffering, lost enjoyment of life, and emotional distress. Putting a price on emotional trauma is subjective, but a lawyer understands what a client is going through and could strive to get the most available after appealing to the jury when an insurance settlement is inadequate.
Punitive Damages
Punitive or exemplary damages punish defendants whose actions are particularly egregious instead of awarding a plaintiff for losses in Gretna bicycle accident cases. Louisiana Civil Code 2315.4 restricts punitive damages in personal injury cases, including bicycle accidents, to the actions of drunk drivers or domestic abuse under CC 2315.8.
Talk to a Gretna Bicycle Accident Attorney Who Focuses on Your Needs
Bicycling is a popular local pastime because of the accessible trails and warm weather, but sharing the roads with more protected motorists can be dangerous.
Call Scott Vicknair when someone else causes a bicycle accident that injures you. A Gretna bicycle accident lawyer could seek justice for you and represent you at no charge unless we win your case.
