What Can I Expect During a Louisiana Bicycle Accident Claim?

Being involved in a bicycle accident can be a frightening and overwhelming experience.

Unlike occupants of motor vehicles, bicyclists have very little protection during a collision, which often results in serious injuries requiring extensive medical treatment and recovery time.

While we cannot take away the physical pain caused by a bicycle accident, we can help reduce some of the uncertainty and anxiety that often comes with dealing with insurance companies and the legal process.

Here is what clients can generally expect during the course of a bicycle accident claim.

The Initial Consultation

Our first priority is understanding what happened and how the accident occurred.

During our initial meeting, we discuss the facts surrounding the collision, including where it happened, who was involved, whether witnesses were present, and what evidence may already exist, such as photographs, videos, or police reports.

We also spend time discussing injuries, medical treatment, and any concerns our clients may have about the process moving forward.

Perhaps most importantly, we answer questions.

For many people, this is their first experience dealing with a serious injury claim, and understanding the process often provides immediate peace of mind.

Gathering Evidence

Evidence is often easier to collect immediately after a bicycle accident than weeks or months later.

Witnesses become harder to locate, surveillance footage may be deleted, and accident scenes can change quickly.

Depending on the circumstances, an investigation may involve obtaining police reports, interviewing witnesses, reviewing photographs and videos, inspecting the bicycle and helmet involved in the crash, and visiting the accident scene.

Because bicycle accidents frequently involve disputes regarding visibility, right of way, and roadway positioning, small details can sometimes make a significant difference.

Opening Insurance Claims

Once the responsible parties and insurance companies have been identified, claims are opened and the investigation process begins.

In addition to the at-fault driver's liability insurance, we also evaluate whether other sources of coverage may exist, including uninsured or underinsured motorist coverage under automobile insurance policies.

Many people are surprised to learn that their own UM coverage may provide protection even though they were riding a bicycle rather than driving a car.

Throughout the process, we work to ensure that the insurance company understands both how the collision occurred and the full extent of our client's injuries and damages.

Medical Treatment and Recovery

Collisions between bicycles and motor vehicles frequently result in significant injuries, including fractures, traumatic brain injuries, spinal injuries, and orthopedic injuries.

As treatment progresses, we gather medical records and billing records so that we understand the nature of the injuries, treatment recommendations, restrictions, and long-term prognosis.

When health insurance, Medicare, or Medicaid are involved, we also help clients understand how those issues may affect the claim and eventual settlement process.

Resolving the Claim

Once medical treatment is complete—or once the future course of treatment becomes reasonably clear—it becomes possible to evaluate settlement.

At that point, we prepare a demand package summarizing the facts of the accident, the medical treatment received, the financial losses incurred, and the ways the injuries have affected our client's life.

Depending on the circumstances, damages may include medical expenses, lost wages, pain and suffering, disability, future medical expenses, and loss of earning capacity.

Before any settlement demand is submitted, we review everything carefully with our client to ensure that the claim accurately reflects the full impact of the accident.

What If a Lawsuit Becomes Necessary?

Many bicycle accident claims resolve without the need to file a lawsuit.

Sometimes, however, liability is disputed or the parties simply disagree regarding the value of the claim.

When that happens, litigation may become necessary to protect the injured person's rights.

Filing a lawsuit does not mean settlement discussions are over. In fact, many cases continue to settle during litigation as additional evidence is gathered and the parties gain a better understanding of the strengths and weaknesses of the case.

Most importantly, decisions regarding settlement and litigation always belong to the client.

Have You Been Injured in a Bicycle Accident?

If you have been injured in a bicycle accident or struck by a motor vehicle while riding, we would be happy to answer your questions and discuss your options during a free consultation.

If you cannot come to us, we will gladly come to you.

Call our office at 985-590-6182 to learn more.

We represent clients throughout St. Tammany Parish, Tangipahoa Parish, Washington Parish, and communities across the Northshore including Covington, Mandeville, Slidell, Hammond, and Madisonville.