Pedestrians and bicyclists have little protection when struck by a motor vehicle. Even a collision at a relatively low speed can cause broken bones, head injuries, spinal injuries, permanent disability, or death.
After a serious pedestrian or bicycle accident, an injured person may face emergency treatment, continuing medical care, missed work, and uncertainty about how the expenses will be paid. At the same time, an insurance company may begin investigating the accident and attempting to assign fault.
Marino & Ehle, LLC handles select pedestrian and bicycle accident cases in Jefferson Parish and the greater New Orleans area. We investigate how the collision occurred, preserve available evidence, identify responsible parties and insurance coverage, and pursue compensation for the injuries and losses caused by the accident.
Pedestrian accidents may occur when a driver:
Louisiana law requires drivers to yield to pedestrians lawfully within intersections and adjacent crosswalks under specified traffic-signal conditions. Drivers must also exercise due care to avoid colliding with pedestrians.
Whether the pedestrian was inside a marked crosswalk is important, but it is not the only issue. The location of the pedestrian, visibility, lighting, traffic signals, vehicle speed, driver attention, and available reaction time may all affect responsibility.
Under Louisiana law, a person riding a bicycle on a highway generally has the same rights and duties as the driver of a motor vehicle, subject to regulations specifically applicable to bicycles.
Bicycle accidents may occur when a driver:
Louisiana law generally requires a motorist overtaking a bicycle to exercise due care and leave at least three feet of clearance until safely past the bicycle.
Motor vehicles generally may not travel in bicycle lanes except for limited purposes, such as preparing for a turn or entering a driveway or parking space. When a vehicle lawfully enters a bicycle lane, the driver must yield to bicyclists using the lane.
Bicyclists are generally required to ride as near to the right side of the roadway as practicable, but Louisiana law recognizes important exceptions. A bicyclist may move away from the right edge to avoid parked vehicles, surface hazards, pedestrians, unsafe lane conditions, or a lane too narrow for a bicycle and motor vehicle to travel safely beside one another.
Because pedestrians and bicyclists are directly exposed to the force of a collision, their injuries are often severe.
Possible injuries include:
Some injuries may not be fully understood immediately after the accident. Continuing medical evaluation may be necessary before the long-term effect of the injuries can be determined.
Your health and safety should come first. Call for emergency assistance and obtain medical treatment.
When circumstances permit, you or someone assisting you should also:
Video evidence from a business, residence, bus, or traffic camera may be overwritten quickly. Prompt investigation can be essential.
A person injured by a hit-and-run driver may still have possible sources of recovery.
Depending on the circumstances, compensation may be available through:
The investigation may include:
The fact that the driver left the scene does not mean the injured person should assume there is no available claim.
Drivers should anticipate that children may act differently from adults near neighborhoods, schools, parks, playgrounds, and residential streets.
A claim involving an injured child may require consideration of:
Serious injuries to a child may require future medical treatment, therapy, educational accommodations, or long-term care.
Pedestrian and bicycle accident cases frequently involve disputed fault.
An insurance company may claim that the injured person:
Those allegations should not simply be accepted. Responsibility must be evaluated using the physical evidence, traffic laws, visibility, vehicle speed, witness accounts, video, and the actions of both the driver and the injured person.
For accidents governed by Louisiana’s current comparative-fault law, a person found 51% or more at fault cannot recover damages. A person found less than 51% at fault may recover compensation, but the award is reduced according to the percentage of fault assigned.
Because fault can determine whether any recovery is available, early preservation of evidence is especially important.
A thorough investigation may include:
In commercial or rideshare cases, additional evidence may include company records, driver logs, electronic trip information, training records, and commercial insurance policies.
Depending on the facts and injuries, compensation may be available for:
The value of a claim depends on the nature of the injuries, the effect on the client’s life, the available evidence, the allocation of fault, and the amount of available insurance or other assets.
Potential sources of compensation may include:
A pedestrian or bicyclist does not need to have been occupying a vehicle to potentially receive benefits under certain automobile insurance policies. The applicable policy language and the injured person’s household relationships should be carefully reviewed.
Louisiana law imposes deadlines for personal-injury claims.
For injuries sustained on or after July 1, 2024, an ordinary personal-injury action is generally subject to a two-year prescriptive period beginning on the date of injury. Different deadlines, exceptions, and procedural requirements may apply depending on the accident date, the age of the injured person, and whether a governmental body or another special defendant is involved.
The existence of a filing deadline does not mean it is safe to wait. Video may be erased, physical conditions may change, and witnesses may become difficult to locate.
When Marino & Ehle, LLC accepts a pedestrian or bicycle accident case, our work may include:
We provide clients with direct guidance about the process, the evidence, the available options, and the strengths and weaknesses of the claim.
If you or a family member has been injured while walking or riding a bicycle in Jefferson Parish or the greater New Orleans area, obtain medical treatment and legal advice promptly.
Do not give a recorded statement, sign a broad medical authorization, or accept a final settlement without understanding your rights and the full extent of the injuries.
Marino & Ehle, LLC handles select pedestrian and bicycle accident cases. Contact the firm at (504) 362-0666 for a consultation with attorneys Joseph A. Marino III and Davidson S. Ehle III.
Past results do not guarantee a similar outcome. Every claim depends on its own facts, injuries, evidence, insurance coverage, and applicable law.
Davidson Ehle is a seasoned AV-rated trial attorney recognized for criminal defense victories, appellate advocacy, and respected leadership in the Jefferson Parish bar.
