$4,000,000
Wrongful Death
Practice Areas
New Orleans Bicycle Accident Lawyers
This city is built for the bike - the flat streets of Mid-City and Uptown, the Lafitte Greenway, the ride down Esplanade. But a single opened car door, one rushed right turn, or one driver who passes too close can turn an ordinary ride into a life-changing injury. When a driver hurts a cyclist and then blames the rider, the Forstalls stand with you.
35,000+Cases won
1979Serving NOLA Since
$0Upfront cost
No FeeUnless we win
The Short Version
Bicycle accidents in New Orleans - the quick answers
- In Louisiana, a person on a bicycle has the same rights and duties as the driver of a vehicle. You belong on the road.
- Drivers must give at least three feet when passing, and must yield to bicycles already in a bike lane. Many do neither.
- Not wearing a helmet does not bar you from recovering, and it does not mean the crash was your fault.
- Drivers almost always say "I never saw the bike." That is an admission, not a defense.
- Louisiana is an at-fault state. Since January 1, 2026, if you are 51% or more at fault you recover nothing - 50% or less still recovers, reduced by your share.
- For crashes on or after July 1, 2024, you generally have 2 years to file.
- Your consultation is free, and you pay nothing unless we win.
Hurt on your bike? We're on your side.
A bicycle accident is never just a damaged bike and a police report. It is the rider - the medical care, the pain, the missed work, and the fear of what comes next. And when a bicycle crash takes a life, it is a family trying to carry an unbearable loss while looking for answers. The Law Offices of Chip Forstall have spent two generations standing between injured New Orleanians and the insurance companies that try to underpay them.
Whether you are searching for a bicycle accident lawyer, a cycling accident lawyer, or a bike crash attorney near you, our New Orleans team handles the legal fight - so you can focus on healing. We serve injured riders in Mid-City, Uptown, the French Quarter, New Orleans East, and across Orleans Parish.
- Investigate the crash and preserve key evidence early
- Find and pull nearby home, business, and traffic-camera footage before it is overwritten
- Deal with the insurance company and its adjusters for you
- Order and review the police report, medical records, and imaging
- Fight the "I never saw the bike" and "the rider was in the wrong place" story
- Push back on the 51% fault rule when a driver tries to blame the cyclist
- Bring in reconstruction and medical experts when the case calls for it
- Calculate the full, long-term value of your claim - and file suit if they will not be fair
What to do after a bicycle accident
The first hours after a crash matter. The right steps protect your health and strengthen your case.
1
Get medical care
Even if the injuries do not seem severe, get checked. A head injury, a back injury, or internal injuries can seem mild at first and then turn serious. Prompt records connect the crash to the injury.
2
Call the police
Get officers on scene and find out how to get the report. It may capture the driver's information, witness names, the location, and insurance details - things that are hard to reconstruct later.
3
Photograph everything
The bicycle, the bike lane, the road, the car or truck, your injuries, and the surrounding area if you can do so safely. Note the lane markings, the parked cars, and the exact spot of impact.
4
Save your gear
Keep your helmet, clothing, bike lights, and damaged equipment exactly as they are. That gear is physical evidence of the force involved, and a damaged helmet often tells the story.
5
Be careful with insurance
Adjusters call quickly and may ask for a statement or offer money before your treatment is clear. Politely decline to give a recorded statement until you have spoken with a lawyer.
6
Call the Forstalls
Nearby camera footage cycles fast. The sooner we are involved, the more evidence we can preserve and the better we can protect your claim.
Time Matters
The driver's insurer opened a file on you before you left the emergency room.
An adjuster was assigned. Somebody is already building the case for calling this your fault and paying you as little as possible - and right now, nobody is building yours. The camera footage that proves what really happened may be overwritten within days.
Louisiana bicycle laws you should know
Louisiana's rules give cyclists real protection - and insurers often try to twist them to blame the rider. Here is what the law actually says.
Same Rights, Same Duties
Under Louisiana law, a person riding a bicycle generally has the same rights and duties as the driver of a vehicle, with certain bicycle-specific rules. A cyclist on a roadway should ride as near to the right side as practicable, with exceptions for hazards, turns, and other conditions. You belong on the road, and a driver who forgets that is the one at fault.
Three-Foot Passing & Bike-Lane Yield
A motorist must leave at least three feet when overtaking a bicycle, and a motor vehicle entering a bike lane must yield to bicycles already in it. Those two rules decide many cases built around unsafe passing, sideswipes, right hooks, and drivers cutting through a bike lane to turn or park.
Helmets Do Not Bar Recovery
Not wearing a helmet does not make a crash your fault and does not bar you from recovering. The driver's negligence is what caused the collision. Do not let an adjuster convince you otherwise.
Comparative Fault - and the 51% Cliff
Louisiana uses comparative fault, so more than one person can share responsibility. Since January 1, 2026, if you are found 50% or less at fault you can still recover, reduced by your share - but at 51% or more you recover nothing. That is exactly why drivers and insurers work so hard to pin blame on the cyclist. These mistakes can hand them that argument.
At-Fault State
The driver who caused the crash and their insurer are responsible for your damages. If a road hazard, pothole, or dangerous condition helped cause it, a contractor or public entity may share liability - and suing a city for negligence comes with its own earlier deadlines.
2 Years to File
For crashes on or after July 1, 2024, you generally have two years to file suit. Miss the deadline and you can lose the right to recover entirely. If a government vehicle or public entity is involved, notice requirements can arrive much sooner.
This page is general information, not legal advice. Every case turns on its own facts - call us and we'll tell you where you actually stand.
Why bicycle cases are different
A bicycle crash is not a car crash with a bike. The rider has no steel cage, no airbags, no crumple zone - just a helmet, if that. The same impact that dents a bumper can break bones, tear a shoulder, or cause a traumatic brain injury.
Here is what is actually different about these cases, and why it changes how they have to be built.
No CageA cyclist absorbs the force with their body - minor-looking crashes produce major injuries
"I Never Saw It"The driver's go-to line. It is an admission of inattention, not a defense
The Blame GameDrivers and insurers routinely argue the rider was in the wrong place - the 51% rule now makes that fight decisive
The Helmet MythInsurers raise it constantly, but it does not bar recovery under Louisiana law
Cameras Cycle FastHome, business, and traffic footage that proves fault can be overwritten within days
E-Bikes RisingMore riders and more electric bikes on New Orleans streets mean more of these crashes every month
Common types of bicycle accidents in New Orleans
No two crashes are alike, and the kind of collision you were in shapes everything that follows - who is presumed at fault, which evidence matters, and how hard the insurer will fight. A dooring on Magazine Street is a very different case from a right hook near Tulane Avenue or a driver cutting across a bike lane on Esplanade.
These are the collision patterns we see most across Orleans Parish.
Dooring AccidentsRight-Hook TurnsLeft-Cross TurnsUnsafe Passing (Three-Foot Violations)Bike-Lane & Turning CrashesSideswipesDriveway & Parking-Lot ExitsTruck & Company-Vehicle CrashesDistracted DrivingHit-and-RunRoad-Hazard & Pothole CrashesStreetcar-Track FallsIntersection CollisionsWho Is At Fault in a Sideswipe?
Common bicycle accident injuries
Because a rider absorbs the crash with their body, bicycle injuries run from painful to catastrophic. Some heal in weeks. Some take months. Some change a person's work, balance, mobility, or memory for a very long time - which is why medical treatment and medical proof matter so much.
These are the injuries we see most, and the reason we tell every client the same thing on the first call: get checked out, even if you feel fine, and keep going back.
Traumatic Brain InjuryRoad Rash & LacerationsBroken BonesFacial & Dental InjuriesSpinal Cord InjuriesInternal InjuriesShoulder & Clavicle FracturesWrist & Hand InjuriesConcussionCatastrophic & Fatal Injuries
"If you were really hurt, why weren't you wearing a helmet?"
It is a favorite adjuster line, and it is not a legal argument - it is a way to make you feel responsible for what a driver did. Not wearing a helmet does not bar your recovery under Louisiana law, and it does not change the fact that the driver failed to see you, failed to yield, or passed too close.
The same trick shows up with treatment. A gap between the crash and your first doctor visit gets read as proof you were not really hurt. The two weeks you spent hoping the pain would fade on its own will be presented as evidence the crash was minor.
See a doctor. Describe every symptom, even the ones that sound small. Go back when something new appears. Consistent, documented care is not just good for your body - it is the single most valuable thing you can do for your claim.
Compensation in a bicycle accident case
Louisiana law sorts what you can recover into two buckets: the losses you can add up on paper, and the ones you cannot. Both are real, and both are recoverable. A crash can destroy the bicycle, ruin safety gear, and stack up months of medical care - and if the injuries are permanent, the future losses dwarf the bills you have already received.
Insurers would rather talk about the first bucket and quietly ignore the second. Proving the second is where a lawyer earns their keep.
Economic damages
- Emergency room, hospital & surgery bills
- Future medical care & rehabilitation
- Physical, occupational & cognitive therapy
- Lost wages and lost future earning capacity
- Replacement of the bicycle & damaged gear
- Out-of-pocket costs
Non-economic damages
- Pain and suffering
- Mental anguish & emotional distress
- Permanent scarring & disfigurement
- Loss of enjoyment of life
- Disability & loss of independence
- Wrongful death & survival damages
What actually changes when a lawyer steps in
Hiring a lawyer is not about paperwork. It is about changing who the insurance company has to deal with - and what happens to them if they refuse to deal fairly. The day we send our letter of representation, the calls to you stop and the calls to us begin.
We move on the evidence before it disappears. Nearby home, business, and traffic-camera footage that gets overwritten in days. The 911 audio. The police report and every medical record. The lane markings and the driver's position at the moment of the turn. When a case calls for it, we get a reconstructionist to the scene and put your treating physician on record about what your future actually looks like.
We identify every responsible party. A bike crash can involve a single driver - or a company whose van cut a rider off, a truck that turned too tight, or a contractor whose road hazard forced the fall. If the driver was working, we look at the employer, its records, and its coverage too.
Then we build a demand package that reads like the opening statement it may one day become. Insurers keep track of which firms actually try cases and which fold at the first lowball offer, and that reputation is priced into every number they put in front of you.
Mistakes that can hurt your claim
Bicycle cases are often lost in the first two weeks, because the camera footage cycles and the driver's story hardens before anyone has looked at the physical evidence.
None of the mistakes below are fatal on their own. But on a bike, where the driver is already primed to say you were in the wrong place, each one costs more than it would otherwise.
- Apologizing or accepting blame at the scene
- Skipping or delaying medical treatment
- Throwing away your damaged helmet, bike, or gear before it is documented
- Giving the driver's insurer a recorded statement too soon
- Letting nearby camera footage cycle and get overwritten
- Accepting the first settlement offer before your treatment is complete
- Assuming a missing helmet means you have no case
- Posting about the crash on social media
Recent results for injured clients
A few examples of what we've recovered for people seriously hurt by someone else's negligence.
$2,200,000
Auto Accident
$1,500,000
Catastrophic Injury
$975,000
Serious Injury
$750,000
Head Injury
$485,000
Pedestrian Accident
Prior results do not guarantee or predict a similar outcome. Every case is different and must be evaluated on its own facts. Amounts shown reflect gross recovery before fees and costs.
The Full Picture
Understanding your bicycle accident claim in Louisiana
A crash on a bike produces a different case than a crash between two cars. The rider is more badly hurt, the driver is already reaching for a reason it was your fault, and the evidence that proves what happened can vanish within days. Here is how these are actually won.
The case against you starts with "I never saw the bike"
In a bicycle crash, the driver's story is almost written in advance. "I never saw the bicycle." "The rider came out of nowhere." "He was in the wrong place." None of that is a defense - a driver is required to look, to give three feet, and to yield to a bike already in a lane - but repeated often enough, and unanswered, it hardens into the version everyone accepts.
And since January 1, 2026, that version is worth more to the insurer than it ever was. If they can convince an adjuster or a jury that the cyclist was 51% or more at fault, they pay nothing at all. So the incentive to blame you is not a nuisance. It is the whole game, and it is why these cases have to be answered with evidence rather than argument.
Why medical proof drives the whole case
Because a rider absorbs the impact with their body, bicycle injuries are often more serious than they first look. Fractures, road rash, concussions, traumatic brain injuries, shoulder and clavicle fractures, wrist injuries, spinal injuries, internal injuries - many of them are not fully clear on the first day.
Medical care is not just treatment. It is proof. The records show what the crash did to your body, the imaging shows how serious it is, and the follow-up shows how long it lasts. If you miss work, need future care, or cannot return to your old routine, that record becomes one of the strongest pieces of evidence in the case - and the thing that stops an insurer from calling your injuries minor, unrelated, or exaggerated.
"A driver who says he never saw you is telling you he was not looking. That is not your fault - it is his."
When a company or a truck is involved
Not every crash is a private driver on a personal errand. When a delivery truck, a company van, a utility vehicle, or a contractor's truck hits a rider, the case changes character. If the driver was working, the employer may share liability - and that means company records, dispatch logs, route information, training practices, and a second insurance policy to examine.
Trucks bring their own dangers: blind spots, wide turns, long stopping distances, and enough mass to cause catastrophic injuries when a driver crowds a cyclist or turns too tight. A crash involving a commercial truck is often a bigger, more complex case than it first appears, and it needs to be recognized as one from the start. When a crash takes a life, it can also become a wrongful death claim on behalf of the family.
When the road itself is the problem
Some crashes start with the road: a pothole, broken pavement, debris, a drainage grate, a streetcar track, or a construction hazard. Sometimes a rider avoids a hazard and is struck by a driver; sometimes the hazard itself causes the fall. Those facts can support a claim against a contractor or, in some circumstances, a public entity responsible for the roadway - which comes with earlier notice deadlines that can run long before the ordinary two-year window. It has to be spotted early.
What we need from you
Get medical care and keep going to it. Follow the treatment plan even when you are busy and tired of it. Keep every bill and a few honest notes about the bad days - what you could not do, what hurt, what you had to skip.
Do not throw away the bike, the helmet, or the damaged gear until it has been documented. The crush and the damage are a piece of the puzzle no one else can supply. Stay off social media about the crash, and do not give a recorded statement while the insurer is still deciding how to blame you. And tell us everything, including the parts that worry you - we can work with a bad fact we know about, not one that surfaces in a deposition.
If you want to understand the road ahead, it helps to read why hiring a personal injury attorney is critical after an accident, how to take good photos after an accident, and what to expect during your consultation. If the crash took someone you love, these answers on wrongful death claims may help.
It costs nothing to find out where you stand
You do not owe us anything to have this conversation. The consultation is free, and if we take your case, you pay no attorney's fee unless we recover money for you. If we do not win, you owe us nothing.
Two generations of this family have spent nearly 50 years doing exactly this work for our neighbors in New Orleans. Call us at 504-483-3400, and let's talk about what your case is really worth.
Bicycle accident FAQ
Quick answers to the questions we hear most from injured New Orleans cyclists.
Do cyclists have the same rights as drivers in Louisiana?
Yes. Under Louisiana law, a person riding a bicycle generally has the same rights and duties as the driver of a vehicle, with certain bicycle-specific rules. A cyclist on a roadway should ride as near to the right side as practicable, with exceptions for hazards, turns, and other conditions. You belong on the road, and insurers often try to twist these rules to blame the rider - which is one reason to have a lawyer study the evidence carefully.
The driver says he never saw me. Does that hurt my claim?
No - it usually helps it. A driver is required to look for cyclists, to leave at least three feet when passing, and to yield to a bike already in a lane. "I never saw the bike" is an admission that the driver was not paying attention, not a defense. What matters is proving it, which is why we move quickly on camera footage, witness information, and the physical evidence at the scene.
I wasn't wearing a helmet. Can I still recover?
Yes. Not wearing a helmet does not bar you from recovering and does not make the crash your fault. The driver's negligence is what caused the collision. Adjusters raise the helmet issue constantly to make riders feel responsible, but it does not change the driver's duty to see you, yield to you, and give you room.
What if I was partly at fault?
You may still recover. Louisiana uses comparative fault, and for accidents on or after January 1, 2026, if you are 50% or less at fault you can recover, though your award is reduced by your percentage of fault. At 51% or more, you recover nothing. Because that line is now decisive, drivers and insurers work hard to shift blame onto the cyclist - which is exactly why the fault fight is worth taking seriously and worth having a lawyer for.
How long do I have to file a bicycle accident claim?
For crashes on or after July 1, 2024, you generally have two years from the date of the accident to file suit in Louisiana. Do not treat that as breathing room - camera footage cycles, witnesses move, and if a government vehicle or public entity is involved, separate notice requirements can arrive much sooner. The sooner we start, the more of your case we can protect.
What if a truck or company vehicle hit me?
These cases can be larger and more complex. If the driver was working, the company may share liability, which opens up company records, dispatch and route information, training practices, and a second insurance policy to examine. Trucks also bring blind spots, wide turns, and enough mass to cause catastrophic injuries. We look at both the driver and the company from the start.
What kinds of compensation can I recover?
Compensation can include medical expenses, future medical care, lost wages, lost earning ability, pain and suffering, property damage to the bicycle and gear, and other losses caused by the crash. Insurers often look only at the first bills. We look at the whole picture - how long treatment will last, whether more care is likely, whether the injuries are permanent, and what the crash took from your daily life.
Do I really need a lawyer for a bicycle accident?
If your injuries are minor and the insurer treats you fairly, maybe not. But if you were hurt, if fault is disputed, if a company or truck is involved, or if the offer feels low, a lawyer usually changes the outcome. The day we send our letter of representation, the calls to you stop, the evidence gets preserved, and the case gets built the way the other side has been building theirs since day one. The consultation is free, so there is no cost to finding out where you stand.
The Forstalls Take Care of It All
Hurt while riding? Let's talk today.
Tell us what happened. Your consultation is free, there's no obligation, and you pay nothing unless we win.