While being involved in any vehicular accident could be traumatic, motorcycle accidents tend to be particularly dangerous due to the lack of protection a motorcycle provides. The same freedom that may draw many riders to motorcycles also might put them in a perilous situation. Without the protection of a car, a driver may be more likely to suffer serious injuries following an accident.
If you or a loved one have been involved in a motorcycle accident, it is highly advisable to contact a seasoned Alexandria motorcycle accident lawyer. A dedicated personal injury attorney could work with you so you know that your next step is the right one.
Proving Liability
A motorcycle accident-related claim may frequently come down to negligence on the part of one or more of the drivers involved in the accident. The law requires that anyone operating a motor vehicle to take active, precautionary steps in order to avoid causing harm to anyone else. When they fail to do so and cause an accident, they could be held liable.
In some cases, motorcycle accidents result in conflicting claims of liability. In such a scenario it may be common for a motorist to bring up the actions of the motorcycle operator as a defense against a negligence claim. For example, if the motorcyclist was not wearing a helmet at the time of the accident, the defense may look to use this as a way to reduce liability.
However, even if the motorcycle operator’s failure to wear a helmet contributed to their injuries, Louisiana’s “comparative negligence” law does not bar them from recovering damages caused by the careless actions of another. Rather, the victim’s compensation may be reduced by an amount equal to their negligence.
Another common cause of motorcycle accidents may come in the form of mechanical failures. These normally fall into two categories: faulty design or issues with manufacturing. Problems with the design may include any flaw that makes the motorcycle unsafe to use on the road. Manufacturing issues may include defective parts or parts that were rendered unsafe at some point between the factory and the store where the individual purchased the motorcycle. In either case, the plaintiff may be able to take legal action against the manufacturer or seller.
For a free legal consultation with a motorcycle accident lawyer serving Alexandria, call (318) 777-7777
“No Pay, No Play” Law
In Louisiana, the “No Pay, No Play” law makes it mandatory for all drivers, including motorcyclists, to carry liability insurance that adheres to the state’s minimum policy requirements (see Louisiana Revised Statute 32:866). If a motorcyclist is not insured at the time of an accident, they may not recover the initial $10,000 in bodily injury damages or property damage from another driver, even if the other driver was at fault for the collision.
In other words, a motorcyclist’s failure to carry insurance may incur a $10,000 deductible should they suffer any form of losses in a collision or crash. There are certain exceptions to this rule that includes accidents with a hit-and-run or an intoxicated driver. An Alexandria motorcycle accident lawyer could explain to a plaintiff how this law affects their case.
Alexandria Motorcycle Accident Lawyer Near Me (318) 777-7777
Recoverable Damages
While the actual amount of a motorcycle accident claim may be difficult to determine, the types of damage that a plaintiff could be eligible to receive in a personal injury lawsuit may include:
- Medical expenses
- Estimated future medical needs
- Lost income
- Pain and suffering
- Wrongful death
In certain cases, punitive damages may be awarded when the at-fault driver was particularly reckless in causing an accident that resulted in a severe injury. Punitive damages, unlike compensatory damages, are intended solely to punish the defendant. An accomplished attorney could help an injured individual recover damages following their accident.
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Rapides Parish Motorcycle Accident Lawyer
What is the Statute of Limitations for Motorcycle Accidents?
Louisiana is unique in that the statute of limitations for personal injury cases – including motorcycle accidents – is extremely short compared to other states. Here, motorbike crash victims only have one year from the date of their injury to file a lawsuit for damages. Once this time period expires, the accident victim is no longer eligible to file a claim.
Because evidence is often time-sensitive, victims may wish to contact a motorcycle accident attorney in Rapides Parish as soon as possible. An attorney could help file a lawsuit against the responsible party within the statute of limitations.
Who can be Responsible for a Motorcycle Accident?
In the context of motorcycle accidents, there are several parties who could potentially be responsible. If the accident victim was a passenger, then they may be able to file a legal claim against the negligent operator of the motorcycle. Similarly, an injured biker might be able to sue another motorist who was operating their vehicle negligently and who collided with the motorcycle.
Examples of negligent behaviors may include distracted driving, failing to follow the rules of the road, and intoxicated or drugged driving. In some cases, the injured person might even have a valid claim against a city or municipality for failing to maintain roadways.
A Rapides Parish motorcycle accident attorney could analyze the facts of a case to determine who was responsible. After identifying the at-fault parties, they could pursue them for full and fair compensation.
What Damages are Available?
To recover monetary damages arising out of a motorcycle accident case, the accident victim must have suffered physical injuries as a result of the crash. However, an injured person may be entitled to compensation for the full range of their losses, including but not limited to:
- Medical expenses,
- Lost earnings,
- Pain,
- Suffering,
- Mental anguish,
- Inconvenience,
- Loss of enjoyment of life, and
- Loss of use of an injured body part.
If the accident victim died, a family member or personal representative might be able to file for wrongful death on their behalf.
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An Alexandria Motorcycle Accident Attorney Could Help
If you are unfortunate enough to have been involved in a motorcycle accident, it may be best to speak to a seasoned Alexandria motorcycle accident. They could help you assess your case to determine whether you have a viable claim. Get started by calling today.
Call or text (318) 777-7777 or complete a Free Case Evaluation form
