If you or someone you love was hurt or even killed because of someone else’s negligence in cycling while under the influence, you have the right to hold them responsible for their actions. The team at the Morris Bart law firm is here to help.
We also work on a contingency fee basis only, which means we only receive our fee if we are successful in reaching a settlement or getting an award in your case. For a free, no-obligation review of your claim with one of our New Orleans cycling under the influence lawyers, contact the Morris Bart law firm today at (504) 613-4771.
What You Should Know About Cycling Under the Influence
In the state of Louisiana, RS 14:98 makes it illegal to operate any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance while you are under the influence of alcohol or have a blood-alcohol level of 0.08 percent or higher.
Unlike many other states that have laws to specifically address the issue of bicycling while under the influence of alcohol, Louisiana law never defines “other means of conveyance.”
The issue was addressed at the Louisiana Supreme Court, though, in the criminal case of State v. Carr, 761 So.2d 1271 (2000). During this case, the court elected not to apply the DUI law to bicycles, and the court has not amended the statute to include bicycles since then.
This does Not Affect Your Ability to Hold Them Liable in Civil Court
Just because someone who hit you with their bicycle may not face criminal charges does not mean they cannot be held responsible for their negligence if they hit you with a bike while under the influence in civil court. To pursue a civil case, you will need to prove that their behavior was careless or reckless, that they breached their duty of care, and that you sustained injuries as a result.
For a free legal consultation with a Cycling Under the Influence Accident lawyer serving New Orleans, call 800-537-8185
Four Elements of Negligence
In order to have a valid personal injury claim, you need to be able to prove that the four elements of negligence exist:
Duty of Care
The first thing you need to look at when asserting a claim that someone was negligent is to see whether the defendant owed the plaintiff a legal duty of care. In this case, you need to assert that a bicyclist owed the plaintiff a legal duty to act with reasonable care while riding their bike.
Breach of Duty
Next, you would examine whether there was a breach of duty and whether the defendant did something that a reasonable person would not do, such as cycling while under the influence of alcohol.
The plaintiff must have suffered some type of injury in order for a personal injury claim to be valid. The goal of the claim would be to recover compensation for expenses like medical care or property repair or replacement. If there were no damages, then there is nothing to recover, and the claim is invalid.
Finally, you must prove that were it not for the negligent actions of the defendant, you would never have sustained damages. You must show that any injuries or property damage was a direct result of the defendant’s behavior.
If you have been hurt because of someone who was negligently cycling under the influence of alcohol in New Orleans, you have the right to hold them responsible for their behavior. For a free case evaluation, contact the Morris Bart law firm today at (504) 613-4771.
Recoverable Damages After a New Orleans Cycling Under the Influence Accident
Every claim is different, so we cannot estimate the exact damages you may be able to recover as a result of your accident. We have worked many personal injury cases before, though, and can tell you that some of the types of damages people have recovered include:
- Medical treatment and other related costs
- Pain and suffering damages
- Lost wages
- Future wages if your earning potential is lost or diminished
- Property damage
If your loved one died because of injuries they sustained after being in an accident with an intoxicated cyclist, you may be able to recover damages in a wrongful death claim. Some of the possible recoverable damages through a wrongful death action include:
- Funeral and burial costs
- Pain and suffering your loved one experienced
- Wages and benefits previously earned by the deceased
- Loss of consortium
- Loss of support and protection
- Out-of-pocket expenses related to care provided to the victim before their death
How a New Orleans Cycling Under the Influence Lawyer Can Help
Our New Orleans cycling under the influence lawyers have worked on many personal injury accident cases before, and we understand the steps to take to build a strong case and avoid unnecessary delays.
We may be able to gather evidence, including surveillance video, police reports, and eyewitness statements. We can also talk to medical experts who can provide statements about the extent of your injuries and the impact they will have on your future quality of life. We can gather bills, receipts, and employee records, proving the time you have lost work because of the seriousness of your injuries. These will help us calculate a possible settlement value for your claim, including the cost of your pain and suffering.
Finally, we may be able to negotiate with the insurance company of the defendant’s lawyer to seek a fair settlement for your claim. If we cannot reach one, we will not hesitate to take your case to court to pursue compensation based on your accident-related injuries, expenses, and losses.
Talk to a Member of Our New Orleans Team Today for Free
For a free, no-risk review of your claim, contact a New Orleans cycling under the influence lawyer with the Morris Bart law firm today at (504) 613-4771. We also serve clients all across Louisiana, Mississippi, Alabama, and Arkansas.
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