According to recent reports, a cyclist was killed recently at the intersection of Canal Street and Jefferson Davis Parkway in Mid-City. His identification is being withheld, pending family notification. The driver of the car, a 51-year-old woman who was also not identified by authorities, was traveling lakebound on Canal Street when the cyclist crossed in front of her and was struck by her older model Buick. She was on her way to work at the time of the accident, and police did not see any signs of impairment, although she is currently being tested. Police said the victim was struck on his right side, and he was pronounced dead on the scene.
According to witnesses, the light had turned green for the driver while the cyclist’s light was red: “He never stopped. He should have stopped.” However, investigators say it is still too early to determine whether the driver or the cyclist was at fault. According to the New Orleans Police Department however, Monday’s incident appears to be the first reported bike death of this year.
Bike Accidents in New Orleans
It is important to note that bike accidents are wholly preventable, and accidents such as these may cause spinal cord injury, brain trauma, or paralysis, which has a significant effect on the quality of life. What if the cyclist had not been killed, but instead severely injured? What if the driver had also been injured in the accident? What if it had been the driver who ran a red light or was inhibited? While very much a tragedy, this incident may serve as a lesson of the complexity of personal injuries and automobile crashes.
Comparative Negligence
In Louisiana, bicyclists have the same rights and responsibilities as motorists. If a driver is negligent and injures you on your bicycle, you can recover compensation from the driver’s liability insurance company. However, Louisiana is one of the pure comparative negligence states, meaning that a plaintiff who was partly at fault for an accident can recover damages proportional to the defendant’s percentage of fault (that is, for example, if the court finds that the plaintiff is 70 percent at fault, his or her recovery is reduced by 70 percent of the total value of his or her claim). In such a jurisdiction, this means that both the cyclist or driver could have claims, and that even bicyclists will be held to the standards of the road.
Recovery in Injury Accidents
If you were injured in a car or bicycle accident, we urge you to contact the New Orleans personal injury law firm of Harrell & Nowak for an evaluation of your case today. Our team is skilled in winning claims from insurance companies, as well as evaluating each specific injury to determine the most appropriate step for litigation.