Whether you ride a bicycle for fun, fitness, or just to get around, you know how inattentive some drivers can be. Cyclists are more vulnerable than most others on the road, and a careless or aggressive driver might cause a wreck that results in severe injury or even death to the bike rider.
If you were hurt in a cycling accident and another party’s negligence was a factor, you may be able to seek compensation in court. A Houma and Terrebonne Parish bicycle accident lawyer could prepare your personal injury claim and help you obtain adequate compensation for your injuries.
Negligent Driving as the Primary Cause of Biking Accidents
In many collisions between cyclists and motor vehicles, the vehicle’s driver is at fault. Drivers are often not used to the presence of cyclists on the road and may not see them in time to avoid a collision.
Collisions might happen at intersections when a driver does not give a cyclist the right-of-way and makes a left turn into the bike’s path. Taller vehicles like trucks and large SUVs might not see a cyclist in the right-side blind spot and could crowd the bike off the road or cut it off when making a right turn. Some drivers are intentionally aggressive toward cyclists and do not allow sufficient clearance when passing.
An attorney serving the perish seat of Terrebonne could examine police reports, crash scene photos, video footage, witness statements, and other evidence to find proof of negligence and present in court to support a biking accident claim for damages.
Recovering Damages after a Cycling Collisions
Bicyclists often sustain serious and debilitating injuries when they get into a wreck with another vehicle. Aside from abrasions and fractures, a bike rider might also suffer internal injuries, head trauma, and even spinal cord damage in the event of a collision. Sometimes, the injuries are permanent, and the cyclist’s lifestyle changes completely.
If a civil claim succeeds, the negligent party that caused the bicycle accident will be responsible for covering the cyclist’s documentable expenses associated with their injuries, such as medical costs, lost income, and incidental expenses. Additional damages could include lost earning capacity, pain and suffering, inconvenience, and diminished quality of life. A Houma and Terrebonne Parish attorney could prove a cyclist’s damages through testimony, medical records, and even videos showing their condition and daily life before and after the biking accident.
Punitive Damages for Drunk Driving Bicycle Accident Cases
Many states allow a plaintiff to seek exemplary or punitive damages if the behavior that caused their injury was particularly malicious or grossly negligent. Punitive damages do not bear any relationship to a plaintiff’s actual losses and are instead awarded to punish a defendant and deter others from engaging in similar conduct
Louisiana Civil Code §2315.4 specifically mentions that punitive damages are available when an intoxicated driver causes an injury. The law does not limit the size of the punitive damages award an injured cyclist could receive.
When a driver’s intoxication is a factor in a bike crash, a lawyer in Houma and Terrebonne Parish could include a demand for punitive damages in the lawsuit filing. Although punitive damages might not be awarded in every case, requesting a court to consider granting them is appropriate.
Bring Your Bicycle Accident Claim to a Houma and Terrebonne Parish Attorney
A serious cycling accident could have a detrimental impact on your physical and mental health, not to mention your finances. The careless driver who caused your injuries should pay for the damages they caused. A Houma and Terrebonne Parish bicycle accident lawyer has the knowledge and negotiating skills to secure a reasonable settlement that provides fair compensation for your injuries.
If a reasonable settlement cannot be reached, a tenacious attorney at Damon J. Baldone & Associates will not hesitate to take your case to court. There is a limited time to bring a lawsuit, so talk to a legal professional as soon as possible after your bike accident.
