Cyclists in New Orleans navigate some of the most unpredictable roads in the country.
Between pothole-ridden streets, aggressive drivers, and inconsistent bike infrastructure, every ride carries real risk. When a crash happens, it’s the cyclist—not the car—who suffers most. Yet when you turn to your insurance company, you may face the same frustrating pattern: delay, denial, or outright blame.
At Daly & Black, P.C., our New Orleans bicycle accident lawyers fight for policyholders who’ve been wronged by their insurers. If your claim is being minimized, denied, or delayed after a bicycle accident, we go ALL IN to hold insurers accountable and recover what you’re rightfully owed.
Don’t settle for silence or excuses. Call Daly & Black for a free consultation today.
Bicyclists Face Serious Risks on New Orleans Roads
Bicycling is growing in popularity across New Orleans, but the city’s streets are often not built with cyclists in mind. According to the Louisiana Highway Safety Commission, in 2023 there were 35 bicycle fatalities and 749 injuries statewide. Notably, New Orleans has the highest fatal bicycle crash rate among major U.S. metro areas—averaging 9.9 fatal bike crashes per million residents between 2017 and 2021.
Distracted drivers, poor visibility, and inadequate bike lanes all increase the danger for cyclists. Worse yet, insurance companies frequently try to shift blame onto the rider—even when the evidence clearly shows the driver was at fault.
At Daly & Black, we push back against these tactics and demand that insurers assess claims fairly and lawfully.
What to Do After a Bicycle Accident in New Orleans
If you’ve been injured in a bicycle accident, the steps you take immediately afterward can shape the outcome of your claim:
- Seek medical attention right away. Some injuries—such as head trauma or internal bleeding—may not be immediately visible.
- Report the accident to the police. Ensure that an official report is created.
- Document everything. Take photos of the scene, your injuries, and damage to your bike or gear.
- Avoid speaking with insurance adjusters. Their job is to reduce what they pay out.
- Contact a bicycle accident lawyer. Daly & Black can determine whether your insurer is acting in bad faith and start building your case.
You don’t have to navigate the legal process alone. We handle the pressure so you can focus on healing.
How Liability, Fault, and Deadlines Affect Your Bicycle Accident Claim
Bicycle accident claims—especially those involving a collision with a vehicle—often hinge on three elements:
- Establishing legal liability
- Determining how fault affects compensation
- Acting within legal deadlines
Under La. Civ. Code art. 2323, Louisiana uses a comparative fault system. This means you can still recover damages even if you were partially at fault—though your recovery will be reduced by your percentage of fault.
Insurers often try to inflate a cyclist’s share of the blame to minimize payouts. At Daly & Black, we fight back with documentation, expert witnesses, and aggressive advocacy.
Even when fault isn’t disputed, insurers may still undervalue your claim—challenging treatment costs, ignoring long-term effects, or cherry-picking evidence to justify lowball offers. We anticipate these moves and apply pressure from day one to ensure your claim is taken seriously.
Why Liability Matters in First-Party Insurance Claims
In first-party insurance claims, you’re not suing the driver—you’re holding your own insurer accountable under your policy. So why does liability still matter?
Because even when fault is clear, your insurer may:
- Deny that your injuries are related to the crash
- Dispute the reasonableness of your medical care
- Argue that your actions voided your coverage
For instance, in uninsured/underinsured motorist (UM/UIM) claims, your insurer stands in for the negligent driver and may contest damages. With PIP or MedPay, they may impose unreasonable limits or question your need for treatment.
At Daly & Black, we know how to counter these tactics. We gather the evidence, build your case, and force your insurer to honor their contract.
Proving Liability in a Bicycle Accident Insurance Claim
To establish liability, we must show:
- A legal duty existed (e.g., the driver had to obey traffic laws)
- That duty was breached
- The breach caused the crash
- You suffered actual, measurable damages
Who Can Be Held Liable—and Why It Matters
Drivers are often the obvious liable party, but responsibility can extend beyond them. Others who may be held accountable include:
- Commercial drivers and delivery companies
- City or state agencies responsible for hazardous road conditions
- Bicycle manufacturers if faulty parts contributed to the crash
Why it matters: Different defendants follow different legal rules. For example:
- Claims against government entities must comply with the Louisiana Governmental Claims Act (La. Rev. Stat. § 13:5106(A)), which includes additional notice and service deadlines.
- Product liability claims fall under La. Rev. Stat. § 9:2800.51, Louisiana’s Products Liability Act.
Missing a step—such as failing to request service of citation within 90 days (La. Rev. Stat. § 13:5107(D))—can g
Act Before the Clock Runs Out
Under La. Civ. Code Art. 3493.11, Louisiana gives you two years to file most insurance-related bicycle accident claims. But don’t wait. Critical evidence can disappear, and insurers often move quickly to protect their own interests.
At Daly & Black, we act fast, preserve every piece of evidence, and build your case like it’s going to trial from day one.
What Types of Damages Can You Recover?
Depending on your injuries and coverage, you may be entitled to compensation for:
- Emergency and ongoing medical treatment
- Physical therapy and rehabilitation
- Lost wages and reduced earning capacity
- Damage to your bicycle and safety gear
- Pain and suffering
- Permanent disability or disfigurement
Wrongful Death in Bicycle Accident Claims
If you lost a loved one in a cycling accident, you may be eligible to file a wrongful death or life insurance claim. Daly & Black helps families hold insurers accountable when benefits are delayed or denied after a fatal crash.
What a Bicycle Accident Attorney Can Do for You
A bicycle accident lawyer does far more than handle paperwork. At Daly & Black, we:
- Review your insurance coverage in detail
- Investigate the crash and gather critical evidence
- Communicate with your insurer on your behalf
- File bad faith claims when your insurer delays, denies, or underpays without reason
We represent policyholders—not insurance companies—and we’re not afraid to fight.
The Daly & Black Difference in Bicycle Accident Insurance Cases
At Daly & Black, we know how to take on powerful insurers and win. Here’s what sets us apart:
We Stand Up to Blame Tactics
We counter unfair narratives that shift responsibility onto cyclists with facts, evidence, and expert analysis.
We Maximize Claim Value
We identify every category of damage you’re entitled to and make sure nothing is overlooked.
We Work Relentlessly
From day one, we gather documentation, retain experts, and apply consistent pressure. Your case won’t sit idle.
We Litigate When Needed
If an insurer won’t negotiate fairly, we’re prepared to take your case to court—and win.
At Daly & Black, we are your weapon against delay, denial, and bad faith. We go ALL IN. ALL THE TIME.
FAQ
What should I do if I’m hit by a car while riding my bicycle in New Orleans?
Seek medical care immediately, report the crash to police, document the scene, and contact a bicycle accident lawyer before speaking to insurers.
Can I file a claim if I was partially at fault for a bicycle accident?
Yes. Louisiana’s comparative fault system allows for compensation even if you were partially at fault.
What damages can I recover in a bicycle accident case?
Depending on your policy and injuries, you may recover compensation for medical bills, lost income, pain and suffering, and property damage.
Schedule Your Free Consultation with a Bicycle Accident Lawyer in New Orleans
If you’ve been injured in a bicycle accident and your insurance company isn’t treating you fairly, now is the time to act. Daly & Black, P.C. is ready to take over the fight and make your voice heard.Call now to schedule your FREE consultation with a New Orleans bicycle accident lawyer. We’ll review your claim, explain your rights, and fight for the recovery you deserve.