A bicycle gives you no steel cage, no airbags, and no crumple zone. When a car and a bike collide, the rider absorbs almost all of the force — and the injuries are often severe: broken bones, road rash, spinal damage, and traumatic brain injuries. If you were hit while riding in the Monroe or Ruston area, you may be facing a long recovery, mounting medical bills, and an insurance company that is already looking for reasons to blame you.
You have more rights on the road than you may realize. Here is what Louisiana law says, and what you can do to protect yourself after a bicycle accident.
Cyclists have the same rights as drivers. Under Louisiana law, a person riding a bicycle on the road has the same rights and duties as the driver of a vehicle. That means you are entitled to use the roadway, and drivers are legally required to share it with you. When a motorist ignores that duty and causes a crash, the law treats it the same way it would treat any driver who hit another vehicle. You are not a second-class user of the road simply because you were on two wheels instead of four.
Louisiana's three-foot passing law protects you. State law requires a driver overtaking a bicycle to leave a safe distance of not less than three feet between the vehicle and the bike, and to keep that clearance until safely past the rider. A driver who buzzes a cyclist, clips a handlebar, or forces a rider off the road has almost certainly violated this law. That violation can be powerful evidence of fault in your injury claim. Sideswipe and close-pass crashes are among the most common ways riders get hurt, and the three-foot rule exists precisely to prevent them.
Where you were riding can matter. Louisiana generally expects cyclists to ride as near to the right side of the roadway as is practicable — but the law recognizes important exceptions, including when you are avoiding hazards, debris, parked cars, or a lane that is too narrow to share safely. Insurance adjusters love to argue that a rider was in the wrong place, but riding away from the curb to avoid an open car door or a pothole is exactly what the law allows. Do not accept an adjuster's version of where you were supposed to be without talking to someone who knows the rules.
Comparative fault does not end your claim. Louisiana follows a pure comparative fault system. Even if you were partly at fault — say you were assigned 20 percent of the blame — you can still recover for your injuries, with your compensation reduced by your share of fault. This matters enormously for cyclists, because insurance companies almost always try to pin part of the blame on the rider. Being assigned some fault is not the same as losing. The goal is to make sure the driver's share is measured fairly and that you are not blamed for things you did not do.
The driver's insurance is not the only source of recovery. If the driver who hit you has little or no insurance — an unfortunately common situation — your own auto policy may still help. Uninsured/underinsured motorist (UM/UIM) coverage on your car insurance can apply even when you were hurt on a bicycle rather than in your car, because the coverage follows you, not just the vehicle. Many injured cyclists do not realize they have this protection. It is worth having your policy reviewed carefully.
The steps you take in the hours and days after a crash can shape your entire claim:
Call the police and get a report. A crash between a car and a bicycle should always be documented by law enforcement. The official report creates a record of what happened and who was involved.
Get medical attention right away. Adrenaline can mask serious injuries. See a doctor even if you feel okay, and follow through on all recommended care. Prompt treatment protects your health and connects your injuries to the crash.
Document the scene if you can. Photos of your bike, the vehicle, the roadway, skid marks, and your injuries can be invaluable. Get the driver's insurance information and the names and numbers of any witnesses.
Do not admit fault or downplay your injuries. A simple I am fine or I did not see him either at the scene can be twisted later. Stick to the facts.
Preserve your equipment. Keep your damaged bike, helmet, and clothing exactly as they are. They can be physical evidence of the force of the impact.
Be careful with the insurance company. The driver's insurer may call quickly with a friendly tone and a fast offer. Remember that their job is to pay you as little as possible. You are not required to give a recorded statement to the other driver's insurance company, and you should be cautious before signing anything or accepting an early check.
Time limits apply. In Louisiana, the deadline to file most personal injury lawsuits is now two years for injuries occurring on or after July 1, 2024. (A shorter one-year deadline applies to older injuries.) These deadlines are strict, and missing one can end your claim no matter how strong it is. It is always safest to talk to an attorney well before any deadline approaches.
How Bruscato Law can help
Bicycle cases are not just car cases on two wheels. They involve their own rules, their own biases, and insurance companies that are quick to blame the rider. At Bruscato Law, we investigate what really happened, hold careless drivers accountable, and fight to make sure you are not shortchanged for injuries that were not your fault.
If you or someone you love was hurt in a bicycle accident in the Monroe or Ruston area, contact Bruscato Law for a free, no-obligation consultation. Call us at (318) 855-1613. There is no fee unless we win your case, and we will handle the insurance companies so you can focus on healing.
This blog post is for informational purposes only and does not constitute legal advice. Every case is different, and reading this article does not create an attorney-client relationship. For advice about your specific situation, please consult a licensed Louisiana attorney.