How Does Contributory Negligence Affect a Bicycle Accident Claim?

What is Louisiana’s Pure Comparative Fault Rule, and Can It Affect My Bicycle Accident?

First, you must understand that contributory negligence and comparative fault are not legally identical in Louisiana. Your lawyer will explain that Louisiana follows a “pure comparative fault” system. This legally means that if you (as the plaintiff) are injured in a bicycle accident, you can recover damages even if you are partially at fault for the accident and your injuries. On the other hand, “Contributory negligence” means that even if you were slightly responsible for your accident, you could be barred from recovering any damages at all.

So, technically, Louisiana doesn’t follow the previous “contributory negligence” rule; the state has implemented and follows Louisiana Civil Code Article 2323, also known as the “Pure Comparative Fault” rule.

However, if you were partially at fault in the bicycle accident, this doesn’t mean you give up your rightful compensation. The state’s comparative fault rule states that if you receive any damages, the amount you obtain is reduced in proportion to your degree of fault in your bicycle accident.

Let’s say the court finds that you were 20% responsible for your bike accident for proven reasons. Then, the damages you are awarded will be reduced by that same 20%.

For example, if you are awarded $100,000 in damages and are 20% at fault for your accident and injuries, you will receive $80,000 in damages.

This also differs from some states that follow a “modified” comparative fault rule; as Louisiana’s pure comparative fault system never imposes a threshold beyond which you can’t receive damages for recovery, etc. Theoretically, even if you’re 99% at fault, you could still recover 1% of your damages.

However, the state’s pure comparative fault rule is one of the main reasons you must seek professional advice and guidance from an experienced bicycle accident lawyer. This professional representation will ensure the defendant (or other insurance company) doesn’t try to imply (and prove) that you were significantly at fault for your accident injuries and award you far less than you need and deserve. 

How Does the Court Determine Comparative Fault in a Louisiana Bicycle Accident?

First, you must understand that most bicycle accident cases are rarely clear-cut. The Louisiana court, insurance adjusters, etc., use a variety of factors to accurately determine how fault should be divided between you, as the cyclist, and the motorist who hit you.

That said, some usual examples of how a cyclist may contribute to causing their accident negligence include:

• The cyclist fails to obey traffic signals, signs, etc.
• You were riding against the flow of traffic.
• There wasn’t proper lighting or reflectors on your bike at night (this is required under Louisiana law).
• You swerved unpredictably into traffic or were riding your bicycle irresponsibly.
• You failed to yield the right-of-way, and many more.

Alternatively, many motorists contribute to bicycle accidents through driving practices such as speeding, distracted driving, failure to yield at a turn, and not providing the cyclist with the legally required three feet of passing space.

What’s vital to know is that just because you, as the cyclist, made a mistake does not mean you can’t recover the compensation you need and deserve to recover fully. In myriad bicycle accidents, there is some level of fault on both sides, and the goal of the Louisiana courts is to determine and allocate that fault fairly, justly, and accurately.

However, in many bicycle accidents, the defendant’s insurance company will attempt to sway the court into believing that you were significantly or entirely responsible for the mishap; of course, they will pay you as little as possible by doing so. 

However, your tenacious, empathetic, and highly experienced bicycle accident lawyer will always attempt to provide sufficient evidence in court to establish precisely what the motorist did and ensure that you and your family are not unjustly at fault.

How Can Comparative Fault Affect My Insurance Settlement?

When your thorough and knowledgeable bicycle accident lawyer negotiates with the insurance company, they know it is critical to fully understand how comparative fault works. All insurance companies (and their lawyers) are fully aware of Louisiana’s pure comparative fault rule, and you can be sure they’ll try to use it to reduce what they owe you in damages.

Let’s say an insurance adjuster argues that you, as the cyclist, were partially to blame for your accident and injuries. If they succeed, this can significantly lower your settlement offer by claiming a higher percentage of fault on your side of the case.

This is one of the main reasons you (and your lawyer) should never immediately accept an insurance company’s assessment of fault without analyzing it in minute detail; your bicycle accident lawyer is intimately aware of this fact.

Additionally, always remember that your statements can work against you and be used to argue contributory negligence and fault on your part. For example, even a mere apology at the scene or a social media post will be twisted by the insurance companies’ lawyers to build their case for fault; never say or do anything without your tenacious lawyer present.

What Are Some Common Ways a Cyclist Can Protect Their Rights After an Accident?

Always consider that comparative fault can drastically reduce the compensation you receive to recover and move on. However, taking specific proactive steps after your crash can be critical to your case. The following are just a few of the steps you should take;

• Always document as much as possible – Take photos and videos of the accident scene, your injuries, damage to your bike, traffic signs, road conditions, or anything that may have contributed to the incident. If you can’t do this, enlist some help.
• Get immediate medical treatment – This is not only vital to your health, but medical records are highly valuable evidence of your injuries and their connection to your accident.
• Carefully obey all traffic laws – Before an accident occurs, many cyclists can protect themselves by understanding and obeying Louisiana’s bicycle laws. Always use bike lanes when available, ride with traffic flow, wear highly visible or reflective clothing, use proper lights at night, etc.

Most importantly, consult with a qualified, experienced, and empathetic bicycle accident lawyer as soon as possible. Your experienced bicycle accident lawyer will know precisely what to do, help you collect evidence, aggressively counter unfair attempts by insurers to overstate your fault, and tenaciously advocate for a fair allocation of responsibility under Louisiana’s comparative fault rules.

 I’ve Been in a Bicycle Accident in Louisiana; How Should I Proceed?

All too often, injured cyclists wrongly assume that they were the ones who caused their accident and did something wrong, and therefore have no claim. In Louisiana, this is not true.

Louisiana’s pure comparative fault rule recognizes that bicycle, and all accidents, can be complicated and that multiple parties usually share responsibility for their occurrence.

If you’ve been injured in a bicycle accident, never allow the idea that you may have partially been at fault deter you from pursuing the needed and fair compensation you rightfully deserve. Although it’s true that contributory negligence, or more accurately, comparative fault, sometimes will reduce what you recover, it will usually never automatically bar you from seeking the justice and compensation you and your family deserve.

The highly experienced and skilled personal injury lawyers at Landgrave Garcia Injury Attorneys fully understand your rights as a bicycle accident victim. They will aggressively and legally repel any unfair blame-shifting and protect the value of your claim.

Call them today at 337-242-7604 for a free consultation on your unique case, and allow their extensive experience in all accident cases to work tirelessly and diligently for you and your family’s future.