Bicycle Accident Claims in Louisiana

A bicyclist on a highway has the rights and duties of a vehicle driver, except for special bicycle rules. Drivers passing a bicycle must leave at least 3 feet and keep that clearance until safely past (fine up to $250), and may pass a bicycle in a no-passing zone only when it is safe. Bicyclists must ride as near the right side as practicable, with exceptions such as passing, turning left or avoiding hazards; may not ride more than two abreast except on bike paths; and may ride on the shoulder. A parent or guardian may not knowingly let a child under 12 ride a bicycle on a public road or path without an approved helmet.

Modified comparative fault with a 51% bar, effective January 1, 2026. An injured person who is 51% or more at fault cannot recover damages; a person who is less than 51% at fault has damages reduced by his or her percentage of fault. Fault is assigned to everyone who contributed, including non-parties. Damages are not reduced when the other party was an intentional wrongdoer.

Minimum liability coverage is $15,000 per person and $30,000 per accident for bodily injury and $25,000 for property damage. Under the "no pay, no play" rule, an owner or driver who did not carry required coverage cannot recover the first $100,000 of bodily injury damages or the first $100,000 of property damage from an accident, with exceptions (for example, if the other driver is convicted of DWI, caused the crash intentionally, or fled the scene).

Two years. Delictual (tort) actions, including personal injury claims, are subject to a two-year prescriptive period that begins on the day the injury or damage is sustained. This two-year rule took effect July 1, 2024, when the former one-year rule (Civil Code art. 3492) was repealed.