Thibodaux Bicycle Accident Lawyer
Not every bike ride around town has a happy ending. In fact, bicyclists may be some of the most vulnerable travelers on the roadways of Thibodaux. Increased vehicle traffic and driver distraction might result in tragic accidents that can have serious and permanent repercussions.
If you were the victim in a bicycle accident, you may want to consider retaining a Thibodaux bicycle accident lawyer. Contact a seasoned personal injury attorney today to discuss how you might be able to receive financial compensation for your injuries.
How Can Someone Make a Bike Accident Claim in Thibodaux?
Every kind of tort action is governed by a statute of limitations. The at-fault driver in a bicycle accident, having possibly caused the accident, may have been negligent in the operation of the motor vehicle they drove.
As most bicycle accident claims are brought under the counts of negligence, they too are governed by statute with regard to when they can be filed. According to Louisiana Civil Code §3492, claims for a bicycle accident could be brought no later than one year after the accident in Louisiana. If a claim is not presented within that time limit, the victim of the bicycle accident may have no avenue of recovery.
Similarly, claims cannot simply be reported to the at-fault driver’s insurance carrier in order to be considered valid. The only action which can properly preserve a claim is the filing of a lawsuit in a court of proper venue and jurisdiction. Failure to adhere to both of these requirements can cause irreversible damage to a claim for recovery.
Rights to the Road
Bicyclists have the same duty to obey the rules of the road as every other motorist. When attempting to overtake a bicyclist, motorists must nonetheless use extra caution.
Under Louisiana Revised Statutes 32:76.1, motorists are required to pass bicycles in the roadway at a safe distance—specifically, a distance of no less than three feet—during the entire attempted passing. This means that passing within three feet of the bicyclist while passing is in violation of the law.
A guilty finding in traffic court for a traffic ticket related to an accident may lead to a finding of negligence per se in civil court. Consequences for violating the rules of the road in a bicycle accident could be explained further by a Thibodaux bicycle accident attorney.
What are Recoverable Damages in Thibodaux Bike Accident Cases?
Medical bills and pain and suffering are just some of the types of damages an injured party might recover in Thibodaux civil court. Events such as bicycle accidents, in which gruesome and traumatic injuries may result, can result in potential recovery to bystanders, as well as the victim.
Pursuant to Louisianna Civil Code 2315.6, the following individuals who are related to the injured party and witness the injuries during the accident or immediately thereafter can recover for emotional distress and mental anguish:
- Spouse or children
- Grandchildren or parents
- Brothers and sisters
- Grandparents
To determine the amount of recovery, a jury or trier of fact should consider how a reasonable person would have been affected, had they witnessed the same bicycle accident. In this regard, a skilled and knowledgeable lawyer can be of significant help demonstrating injuries and losses related to a crash.
Speak with a Thibodaux Bicycle Accident Attorney
If your usual bicycle ride to the park was violently interrupted by a negligent driver and you suffered injury as a result, you may benefit from the services of a qualified attorney. Call a Thibodaux bicycle accident lawyer today to discuss what your rights of the road are, how to properly preserve your claim under the laws, and how to obtain compensation for damages you suffered as a result of the motorist’s negligence.