You Could Recover Compensation for a Bicycle Accident with an Attorney’s Help

Based on a study in the journal Injury Prevention, the cost of bicycle accident injuries and deaths was over $24.4 billion in 2013 and continues to grow annually. Each victim may accrue several thousand dollars in medical debt, depending on the severity of their injuries.

This is an astounding price tag that an injured person and their family may have to pay. It can be especially damaging if the injuries affect their ability to earn income. However, if another party caused your accident and injuries, you could be eligible for compensation. With the help of a Marksville bicycle accident lawyer from our team, you may recover economic damages, such as lost wages and medical bills, and non-economic damages, such as pain and suffering or the loss of enjoyment of life, from the liable parties in your accident.

Types of Damages You Can Seek in a Bicycle Accident Case

The primary purpose of a civil lawsuit after a bicycle accident is to put the plaintiff in the same condition they were in before the accident. While certain injuries and life circumstances cannot be reversed, the ideal outcome of the lawsuit for the plaintiff is to regain financial, physical, and mental security.
The law allows juries to award plaintiffs compensation for several different categories of damages. These categories may include:

  • Property damage
  • Past and future medical and therapy expenses
  • Lost wages
  • Decreased earning capacity
  • Pain and suffering
  • Loss of enjoyment of life


These categories could be considered in an insurance settlement or when going to court for a jury award. A Marksville bicycle accident lawyer on our team could help you discern which types of damages you may be eligible for and estimate their value.

You can then make an educated decision about moving forward with your claim or lawsuit. Your attorney can guide you through the legal process, negotiate with the insurance companies on your behalf, and help you decide whether filing a lawsuit is in your best interests.

Are There Limits to Recoverable Damages in Louisiana?

While some states limit the amount a plaintiff can recover in a personal injury case, Louisiana does not do so. Juries in this state may award what they believe to be reasonable and fair under the law. In certain situations, such as drunk driving accidents, the court may also award punitive damages. Unlike economic and non-economic damages, the court establishes punitive damages to punish the at-fault party for their reckless or negligent actions. When we represent you, our team will work hard to account for all the damages you and your family have experienced and make the case that you deserve to recover compensation for them. Our Marksville injury attorneys can discuss your options in a free consultation today.

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The Prescriptive Period for Filing a Bike Accident Lawsuit in Louisiana

The sooner a bicycle accident plaintiff contacts our firm, the more time an attorney from our team has to work on their case. When we start early, time-sensitive evidence and information regarding the collision might still be available, and witness recollection may be less biased or vague immediately after the accident.

There is a deadline to file a bike crash lawsuit in Louisiana. The prescriptive period is a timeframe in which plaintiffs can file a civil court case. According to CC 3493.1, plaintiffs typically have two years from the date of their accident to file a claim in civil court. CC §2315.2 outlines a similar deadline for wrongful death cases. In rare circumstances, a different deadline may apply.

Injured individuals should discuss how the statute of limitations applies to their case with a Marksville bicycle accident lawyer from our firm. Doing so may be the difference between obtaining compensation and being permanently barred from financial recovery.

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New Orleans

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Lafayette

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New Orleans

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Alexandria

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New Iberia

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Baton Rouge

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Car Accident

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Alexandria

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Lafayette

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Marksville

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New Orleans

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New Iberia

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Marksville

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Lake Charles

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Baton Rouge

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Baton Rouge

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Marksville

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New Orleans

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New Iberia

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Lake Charles

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New Orleans

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Alexandria

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Baton Rouge

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Lafayette

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Jenifer Leger Dendy

Lafayette

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Lake Charles

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Getting Help from an Avoyelles Parish Bicycle Accident Lawyer May Improve the Strength of Your Case

Beyond Marksville, our attorneys at Laborde Earles Injury Lawyers also serve the communities throughout Avoyelles Parish. Our local office is located on North Washington Street. We also represent bicycle accident victims in other major Louisiana cities. Services we offer for our clients include:

  • Accident investigation
  • Witness interviews
  • Case building
  • Statute interpretation
  • Damage evaluation
  • Legal guidance
  • Representation in all case-related matters


At Laborde Earles Injury Lawyers, we understand that every bicycle accident claim is different. No matter how complex your situation is, we will provide personalized assistance to obtain evidence and place a financial value on the losses you endured. Our bicycle attorneys are familiar with the complexities of local and state laws in Louisiana, so we can aim to help you establish a strong case for the compensation you deserve.

person on ground after falling off bicycle

We May Help You Prove the Other Party’s Liability

One of the most common defense strategies used by defendants and their attorneys is to argue that the plaintiff caused their own injuries in a bicycle accident. Their goal is to take some or all of the liability off the defendant to reduce the settlement amount or avoid making a payment completely. They may purport that because the plaintiff was distracted or riding their bicycle unsafely, they share some of the blame.

Under CC §2323, Louisiana courts use the concept of pure comparative fault in personal injury cases, meaning they consider the actions of all parties involved. If the victim is partially responsible for the accident, they can still recover compensation, but their total award will be reduced by their percentage of fault. For example, if a jury finds the plaintiff 10% responsible for causing the accident, they will only be able to collect 90% of their total damages from the defendant. Our team will fight hard against such claims to disprove or minimize your role in the accident.

Do Not Admit Fault

You can do a few things to help your attorney protect you from such accusations. First, reach out to your attorney as soon as possible after the accident. Avoid making any statements that could be construed as even a partial admission of fault (such as apologizing). If you must make a statement (for a crash report, for instance), state only the facts and avoid guessing about the cause of the accident.

Sometimes, the opposing party or their insurance company will try to obtain a statement to reduce or eliminate their liability.

Since anything you say can be used as evidence against you, it is best to avoid speaking to them until you consult with your attorney.

Do Not Accept a Settlement Before Speaking to Your Lawyer

Do not agree, verbally or in writing, to any settlements. In many cases, insurance companies will offer a low settlement in hopes that you will accept it before understanding what that means. If you agree to the settlement, you give up your right to pursue any additional compensation, even if you discover more injuries or damages.

This can cost you significantly in the long run, as initial settlement offers rarely cover more than a small portion of hospital bills, and they do not cover non-economic damages at all.

The best way to protect your right to fair compensation for your losses in a bicycle accident is to speak with an injury attorney familiar with Louisiana bicycle accident claims. Using their knowledge of personal injury and traffic laws, they will guide you through the legal process, so you ensure you seek a proper amount of compensation to cover all your losses.

Reach Out to a Marksville Bicycle Accident Lawyer Today for Help

Being injured in a bicycle accident may result in seemingly endless medical bills, the physical pain of recovery, and dozens of phone calls from insurance companies. These consequences might feel even more burdensome if the accident occurred due to the carelessness or recklessness of another party. Fortunately, an attorney from Laborde Earles Injury Lawyers could help you ease your burdens during this difficult time.

If you have questions about recovering damages for your bicycle accident, reach out to our Marksville office. Call today to discuss your situation and legal rights and to start the process of seeking compensation for your damages.

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