Reviewed and Verified by Attorney Allan Berger — Licensed in Louisiana since 1974.
New Orleans is a cycling city, from commuters on St. Charles Avenue to riders along the levee path. It is also a place where drivers often fail to share the road. When a car strikes a cyclist, the rider absorbs the full force and frequently ends up with broken bones, head trauma, or worse, while the driver walks away unhurt.
As a New Orleans bicycle accident lawyer, Allan Berger & Associates, P.L.C. has represented injured cyclists across southeast Louisiana for nearly 50 years. We handle the proof, the insurers, and the courtroom so you can focus on recovery.
If you need immediate help with a claim, contact Allan Berger & Associates, P.L.C. at 504-526-2222 for a free case review.
Your New Orleans bicycle accident claim at a glance
|
Your question |
What Louisiana law says |
| How long do I have to file? | Two years from the crash for injuries on or after July 1, 2024, under Louisiana’s two-year filing deadline. Earlier injuries have one year. |
| Can I recover if I was partly at fault? | Yes, if you are less than 51% at fault. Louisiana uses a modified comparative-fault rule with a 51% bar, effective January 1, 2026. |
| Do cyclists have a right to the road? | Yes. A bicycle is a vehicle under Louisiana law, with the same right to the road and the same duty to follow traffic rules. |
| What does a lawyer cost up front? | Nothing. We work on a contingency fee, so you pay only if we recover money for you. |
| What can I recover? | Medical bills, lost wages, future care, bike repair, pain, and suffering. |
Common causes of bicycle accidents in New Orleans
Most crashes happen because a driver did not see, or did not respect, a cyclist’s place on the road. One of the most dangerous is dooring, when a driver opens a car door directly into a bike lane. Right-hook collisions are just as common, where a car turns right across a cyclist heading straight, and many crashes happen when a driver fails to yield before entering or crossing a bike lane.
Drivers who pass too closely instead of giving safe clearance put riders at constant risk, and distracted or impaired driving makes everything worse, especially at night. New Orleans roads add their own hazards, from potholes to streetcar tracks and broken pavement. When a driver caused your crash, that driver and their insurer are responsible for your losses.
Injuries our bicycle accident attorneys see most often
A helmet helps, but it cannot prevent every injury when a vehicle is involved. Many cyclists suffer traumatic brain injuries and concussions, along with broken collarbones, wrists, arms, and legs. Spinal cord injuries can lead to lasting paralysis, and road rash often runs deep enough to require skin grafts.
Facial and dental injuries are common when a rider is thrown over the handlebars, and the force of an impact can cause internal injuries that are not obvious right away. The real cost of a serious crash often appears later, in repeat surgeries or permanent limitations. We build your claim around the full picture of your recovery.
How Louisiana’s road-sharing rules shape a bicycle claim
Under Louisiana law a bicycle is treated as a vehicle, which means cyclists have the right to use the road and drivers must share it. A driver who fails to give safe passing distance or turns across a cyclist’s path is usually at fault.
Louisiana follows a modified comparative-fault rule. If you are less than 51% responsible, you still recover, with your award reduced by your share of fault. Insurers love to argue that the cyclist was hard to see or rode unpredictably, so documenting the crash matters. Witness accounts, the police report, and any camera footage help establish what the driver did wrong.
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How a New Orleans bicycle accident lawyer can help
A driver who hits a cyclist will often claim the rider darted out or was impossible to see, and the insurer will repeat it. A bicycle accident attorney in New Orleans counters that story with evidence. We secure the police report, photograph the scene and your damaged bike, collect witness accounts, and pull any traffic or doorbell-camera footage that captured the crash. When the cause is contested, we use reconstruction experts to show where you were riding and what the driver failed to do.
We also take over every dealing with the insurance company, so you are not pressured into a quick, low offer while you are still healing. We work with your doctors to document the full extent of your injuries and value the care you will need going forward, then negotiate firmly for a fair result. If the insurer refuses to pay what your claim is worth, your New Orleans bike accident lawyer is ready to file suit and try the case. You focus on getting back on your feet while we carry the legal load.
Compensation a bicycle accident victim can recover
Louisiana law lets you pursue economic and non-economic damages. Economic damages cover the measurable costs of the crash, including emergency care, surgery, hospital stays, and ongoing rehabilitation, as well as the future medical treatment a lasting injury requires. They also include lost wages, any reduction in your earning ability, and the cost to repair or replace your bicycle, helmet, and gear.
Non-economic damages address the personal harm a crash causes, such as physical pain, emotional distress, scarring, disfigurement, and the loss of activities and independence you valued. In a fatal crash, the cyclist’s family can bring a wrongful-death claim for funeral costs and the loss of their loved one’s support and companionship. We make sure your settlement reflects every loss that applies, including the costs still ahead.
What to do after a bicycle accident in New Orleans
The right steps protect both your health and your claim:
- Call 911 and request police and medical help.
- Accept treatment at the scene, even if you feel alright.
- Photograph the vehicle, your bike, the road, and your injuries.
- Get the driver’s information and contact details for witnesses.
- Keep your damaged bike and gear as evidence.
- Talk to a New Orleans bicycle accident lawyer before accepting any offer.
How long you have to file a bicycle accident claim in Louisiana
Louisiana gives you two years from the date of a crash that happened on or after July 1, 2024 to file a lawsuit. Earlier crashes fall under the old one-year deadline. Miss the cutoff and the court can dismiss even a strong case, so it helps to start early while evidence is fresh.
Frequently asked questions
Do I have a case if I was not wearing a helmet?
Yes. Louisiana does not require adults to wear helmets while cycling, and going without one does not bar your claim. The driver can still be held responsible for causing the crash, though we work to keep the insurer from using a missing helmet to argue your injuries were your own fault.
What if the driver says I came out of nowhere?
That is one of the most common defenses in bicycle cases. We counter it with witness statements, traffic and business camera footage, and the physical evidence at the scene. Together these show where you were riding and what the driver failed to see or do before the collision.
The crash damaged my bike. Can I recover that cost?
Yes. Property damage is part of your claim, so the repair or replacement of your bicycle, helmet, and other gear can be included. Keep the damaged items and your receipts, since they help prove both the value of what was lost and the force of the impact.
What if the driver who hit me was uninsured?
You may still recover through your own uninsured or underinsured motorist coverage, which can apply when a cyclist is struck by a car. We review every policy in your household that might respond, because many riders do not realize this coverage protects them off the bike too.
Will I have to go to court?
Most bicycle accident claims settle without a trial. We prepare every case as though it will reach a jury, because that readiness pressures insurers to make fair offers. You stay in control of the decision to settle or proceed, and we advise you honestly at each step.
How much is my bicycle accident case worth?
It depends on the severity of your injuries, your lost income, the cost of future care, and the lasting effect on your life. No one can promise a number up front, but we can give you a realistic range after reviewing your case during a free consultation.
Why trust Allan Berger & Associates, P.L.C.?
Founded by Allan Berger in 1975, our firm has spent nearly five decades representing injured people and families across Louisiana. Attorney Berger and attorney Andrew J. Geiger have both been named Super Lawyers, and the firm holds the AV Preeminent® rating from Martindale-Hubbell, the highest peer rating for legal skill and ethics. Gambit Weekly and Louisiana Legal Leaders have recognized our work as well.
Insurance carriers know we prepare every case for trial, and that reputation gives our clients an advantage when it comes time to settle. From our office on Canal Street, your New Orleans bicycle crash lawyer treats every cyclist’s case with the preparation and personal attention it deserves.
You pay nothing unless we win, and your first consultation is always free.
Talk to a New Orleans personal injury lawyer today at 504-526-2222 or send us a message online to schedule your free consultation.