Have you recently suffered severe injuries in a bicycle accident? Are you unsure how to recover the compensation you need to get through these difficult times?
With help from a Scott bicycle accident lawyer at Laborde Earles Injury Lawyers, you can get the answers and clarity you are looking for. With our firm by your side, you can hold the liable party accountable and get justice for your suffering.
Who Is Liable for Your Bicycle Accident in Scott?
Figuring out who is at fault for causing your bicycle accident in Scott is essential. After all, the liable party is the one who must compensate you for all the ways your life has been affected by your injuries.
However, figuring out who is at fault could be a challenge. You might assume that the driver who hit you was at fault for your injuries. Who could blame you? Negligent driving is one of the most common causes of bicycle accidents. Some examples of negligent driving could include:
- Impaired driving
- Aggressive driving
- Distracted driving
- Drowsy driving
- Reckless driving
- Driving over the speed limit
- Failure to yield to the right of way
- Failure to stop at a traffic light or stop sign
However, it is important to remember that negligent driving is not the only cause of bicycle accidents. In fact, hazardous road conditions and defective bicycle and vehicle parts are also known to cause these collisions. When this happens, there are other parties who can share liability in addition to the driver of the vehicle that hit you. Some of these individuals and entities may include:
- Government agencies
- Government officials
- Maintenance technicians
- Safety inspectors
- Bicycle parts manufacturers
- Auto parts manufacturers
- Dealerships
- Distributors
- Suppliers
- Other third parties
We Will Investigate and Determine the Liable Party or Parties
For this reason, your attorney will need to complete a thorough investigation into the cause of your bicycle accident to determine who is at fault for injuries. If multiple parties are found to share liability, this may make your case more complicated. However, it also increases the likelihood that you can recover fair compensation for your damages.
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How Shared Fault Could Impact Your Claim
Sharing fault for your injuries is more common than you might think in bicycle accident cases. Perhaps you were not wearing a bicycle helmet when you were struck by a motor vehicle. Or maybe you were crossing the street without adhering to local traffic laws. Fortunately, Louisiana operates under a pure comparative negligence system.
This means even if you are partially responsible for causing your injuries, you can still recover compensation for your damages. However, that does not mean your case will not be affected.
In fact, the Louisiana civil court system will want to see that you are held accountable for your portion of fault. To do this, they will reduce your injury settlement based on your percentage of liability.
Understanding a Reduced Settlement
For example, if you were not wearing your bicycle helmet when you were struck by a drunk driver, the judge might find you 10% responsible for your injuries. If the jury awarded you $200,000 for your damages, your injury settlement would be reduced by 10%, leaving you with a final injury settlement of $180,000.
Since sharing liability can have such an impact on the amount of compensation you can be awarded, it is critical that you work with our Scott bicycle accident lawyer who will assess liability accurately in your case.
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Important Deadlines You Must Know
If you were going to pursue a bicycle accident lawsuit, it is important that you get your case filed before the statute of limitations expires. Under CC Art. 3492, personal injury lawsuits must be filed within one year of the accident.
However, if you were not diagnosed with a bicycle accident injury until days or weeks later, the statute of limitations may not be clear. You need answers. Do not wait to work with our bicycle accident lawyer who will protect the future of your bicycle accident claim or lawsuit.
If your lawsuit is not filed before the statute of limitations runs out, you will no longer have the right to have your case heard in Louisiana civil courts.
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What to Expect From the Insurance Company
Dealing with the insurance company is one of the most common ways bicycle accident victims recover compensation for their damages. However, that does not mean insurance companies are willingly writing settlement checks.
Instead, bicycle accident attorneys must fight the insurance company to get their clients the compensation they deserve. Insurance companies are profit-driven and care more about furthering their financial interest than they do about making sure you have access to the compensation that is rightfully yours.
Your attorney will need to step in and negotiate with the insurance company to ensure they are not making you an insultingly low offer, placing unwarranted blame on you, delaying the processing of your claim, or are otherwise denying your insurance claim in bad faith.
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What Is Your Lafayette Parish Bicycle Accident Claim Worth?
Before your bicycle accident attorney can file claims with the insurance company or bring your case to court, we will need to analyze your damages to calculate the value of your claim.
You have the right to recover economic damages and non-economic damages. Economic damages are monetary and can be proven with financial records such as receipts, bank statements, copies of your bills, and more. Some examples of economic damages you could recover in your bicycle accident claim include:
- Costs of increased insurance premiums
- Co-pays
- Costs of prescription medications
- Ambulance fees
- Hospital bills
- Medical equipment
- Future medical care
- Diminished earning capacity
- Loss of income
- Unexpected childcare expenses
- Costs of household maintenance and upkeep
You also have the right to recover non-economic damages, which are more difficult to quantify since they do not have a financial value. Your lawyer will use one of a few methods to valuate them, however. Some examples of non-economic damages you could recover include:
- Disfigurements
- Skin scarring
- Physical pain and suffering
- Emotional distress
- Loss of consortium
- Diminished quality of life
Work with Our Lawyers on Your Bicycle Accident Case
You should not be stuck dealing with the consequences of your bicycle accident injuries when someone else is responsible for causing them.
Get help making the liable party pay when you contact Laborde Earles Injury Lawyers for help. Call for your no-cost, risk-free consultation with a team member.
Get The HelpYou Need(337) 777-7777To Schedule a FREE CONSULTATION
24 hours a day • 7 days a week
