Bicycle accidents can result in severe injuries and complex legal issues, particularly when determining who is at fault. Understanding how liability is assessed is essential for pursuing compensation and protecting your rights. At Schmolke Law Firm, we assist Baton Rouge residents with navigating personal injury claims related to bicycle accidents, ensuring they receive the support they need for a fair outcome.

Key Factors in Determining Liability

In Louisiana, liability for a bicycle accident is determined based on negligence. This means that the party responsible for causing the accident through careless or reckless actions can be held legally liable. Here’s how liability is assessed:

1. Violation of Traffic Laws

One of the primary factors in determining liability is whether any party violated traffic laws. This could include:

• Motorists: Drivers may be at fault if they fail to yield, run a red light, make unsafe turns, or drive distracted.
• Bicyclists: Cyclists are also required to follow traffic laws, such as stopping at stop signs and using proper signals. If a cyclist violates these rules, they may share some responsibility.

2. Duty of Care

Both drivers and bicyclists have a duty of care to act in a reasonably safe manner to prevent accidents. If a motorist or cyclist breaches this duty and causes an accident, they can be found negligent. For example, a driver who fails to check their blind spot before turning or changing lanes may be liable if they hit a cyclist.

3. Evidence and Witnesses

Evidence is critical for establishing liability. This can include:

• Police Reports: A detailed report from the responding officer can provide an objective view of the accident.
• Eyewitness Testimony: Statements from witnesses can help reconstruct what happened and identify who was at fault.
• Video Footage: Surveillance footage or dashcam recordings can be pivotal in showing how the accident occurred.

Comparative Fault in Louisiana

Louisiana follows a comparative fault system, which means that liability can be shared among multiple parties. If the injured cyclist is found partially at fault for the accident, their compensation will be reduced by their percentage of fault. For instance, if a cyclist is deemed 20% responsible for an accident and is awarded $10,000 in damages, they would receive $8,000.

Steps to Take After a Bicycle Accident

To build a strong case, it’s important to take these steps after a bicycle accident:

• Seek Medical Attention: Your health is the top priority, and a medical report can support your claim.
• Report the Accident: Call the police and ensure a report is filed.
• Document the Scene: Take photos of the accident scene, damage to the bike, and any visible injuries.
• Consult with an Attorney: An experienced personal injury lawyer can help you gather evidence, understand your rights, and build a case.

How Schmolke Law Firm Can Help

At Schmolke Law Firm, we have the knowledge and experience to assist Baton Rouge residents with bicycle accident claims. Our team works diligently to establish liability, gather evidence, and pursue the compensation you deserve.

If you’ve been involved in a bicycle accident in Louisiana, contact Schmolke Law Firm today for a consultation and guidance on your path to recovery.