Partner at Charbonnet Law Firm LLC
Practice Areas: Car Accident, Personal Injury
Whether it’s for commuting, exercise, or fun, bicycling is a common sight across Louisiana—especially in cities like New Orleans. But when a ride ends in an accident, the aftermath can be overwhelming. Injured cyclists often find themselves navigating not only medical care but also insurance claims that aren’t always straightforward. Knowing how
Louisiana law applies and what steps to take after a crash can make a real difference. In this guide, we break down what every cyclist should know about filing a bicycle accident claim in Louisiana.
Bicycle accidents can happen for many reasons, including driver inattention, road hazards, and failure to yield. In Louisiana, cyclists are treated like drivers. This means they must follow the same traffic rules, including stopping at red lights and signaling turns.
According to the Louisiana Highway Safety Commission, in 2021, 35 bicyclists were killed and 504 were injured in traffic crashes.
Cyclists under the age of twelve are legally required to wear helmets under Louisiana Revised Statutes § 32:199. Even though it’s not mandatory for adults, wearing a helmet can protect you and influence how claims are evaluated.
If you’re injured in a bicycle accident, you may be able to file a bicycle accident claim to recover damages for your injuries, lost wages, and more. However, in Louisiana, claims depend heavily on who was at fault—and how much responsibility each party shares.
Louisiana is a comparative fault state, which means compensation is adjusted based on each party’s percentage of fault. This rule is outlined under Louisiana Civil Code Article 2323.
Louisiana follows a pure comparative fault system, meaning a cyclist who is 40% at fault for an accident may still recover 60% of their total damages.
For example, if a driver runs a red light and hits a cyclist who isn’t wearing reflective gear at night, both could share fault. A court might find the driver 80% responsible and the cyclist 20% responsible. If the total damages were $10,000, the cyclist could recover $8,000. Understanding how this works is key when preparing your bicycle accident claim in Louisiana.
After a bicycle accident, your actions at the scene can affect your insurance claim. First, check for injuries and call emergency services. Even if you feel fine, it’s a good idea to get a medical evaluation. Some injuries don’t show symptoms right away.
Take photos of the accident scene, damaged bike, and any visible injuries. Ask witnesses for their contact information. Try to get a copy of the police report. Avoid discussing fault at the scene, especially with the driver or their insurer. What you say can later be used to reduce your claim.
Filing a bike accident insurance claim in Louisiana can be confusing. Insurers often look for reasons to lower payouts. Here’s how to stay organized and protect your rights.
Insurance companies are not obligated to act in the cyclist’s best interests — they aim to minimize payouts. Detailed evidence and legal support can significantly affect claim outcomes.
Start by notifying your insurance company about the accident. Be clear and factual in your account. Don’t guess or speculate about what caused the crash. Review your policy to understand what’s covered.
Keep a written log of all communication with the insurance company. Note the names of adjusters, the dates of calls, and any instructions given. You’ll also want to save receipts and records for all accident-related costs.
After a bike accident, your losses may go far beyond the cost of a damaged bicycle. In Louisiana, both economic and non-economic damages can be included in a personal injury claim.
|
Damage Type |
Example |
Documentation Required |
| Medical Expenses | ER visit, physical therapy | Bills, treatment records |
| Lost Wages | Missed work post-injury | Employer letter, wage slips |
| Bicycle Repair/Replace | Damaged frame, gear replacements | Repair estimate or receipt |
| Pain & Suffering | Chronic pain, mental distress | Journal, medical opinion, therapist notes |
| Loss of Enjoyment | Can’t ride or exercise post-accident | Personal statement, medical feedback |
Under Louisiana Civil Code Article 2323, any fault attributed to a cyclist will proportionally reduce their compensation, even if the driver is primarily responsible.
So, if your total losses were $15,000 but you were found 30% at fault, your recovery would be reduced to $10,500.
Mistakes in the insurance process can delay or reduce your compensation. One common issue is failing to gather enough evidence. If you don’t take photos or witness statements, it becomes harder to prove what happened.
Another problem is waiting too long to seek medical care. Insurance companies might argue that your injuries weren’t serious if you didn’t get treatment right away.
Avoid discussing the accident on social media or with the at-fault driver’s insurer. Anything you say could be used against your claim. Don’t accept a quick settlement offer without understanding the full extent of your injuries.
Finally, know that Louisiana’s statute of limitations for personal injury is one year. This means you must file your claim within that time, or you may lose your right to seek compensation.
Louisiana uses a pure comparative fault rule. If you’re found partially at fault, your compensation is reduced by your percentage of responsibility.
Yes, though not wearing a helmet may affect your compensation if it contributes to the severity of your injuries.
Get medical help, call the police, gather evidence at the scene, and avoid admitting fault.
The general statute of limitations for personal injury in Louisiana is one year from the date of the accident.
You may recover medical expenses, lost wages, property damage, and non-economic damages like pain and suffering.
It’s better to be cautious. Insurance adjusters may use your statements to minimize your claim, so consult an attorney first.
Bicycle accident claims in Louisiana involve more than just filing paperwork. From understanding fault rules to dealing with insurance adjusters, every step affects your chances of receiving fair compensation. Keep records, act quickly, and know your rights under Louisiana law.
If you’re dealing with the aftermath of a bicycle accident, understanding the legal process is a smart place to start. For those who want guidance in protecting their rights, speaking with a personal injury attorney who understands Louisiana law can make a real difference.
With over 50 years of legal experience serving families in the New Orleans area and surrounding Louisiana communities, our firm takes pride in providing clients with personalized legal services tailored to individual needs.
