While being involved in any vehicular accident can be traumatic, motorcycle accidents tend to be particularly dangerous due to the lack of protection the vehicle provides. The same freedom that may draw many riders to motorcycles also might put them in a dangerous situation.
Contact a seasoned motorcycle accident lawyer in Alexandria, LA, if you or a loved one has been involved in a motorcycle accident. Contact our law firm, and we’ll ensure your next step is the right one.
Recoverable Damages in a Motorcycle Accident Case
While the actual value of a personal injury claim may be difficult to determine, the types of damages you could be eligible to receive in a lawsuit may include:
- Medical expenses
- Estimated future medical care
- Lost income
- Pain and suffering
In certain cases, you may receive punitive damages when the at-fault driver was particularly reckless in causing an accident. Punitive damages, unlike compensatory damages, are intended solely to punish the defendant.
Wrongful Death Damages
If the accident victim dies, a family member or personal representative may file a wrongful death claim on their behalf. Louisiana law has designated certain relatives eligible to pursue a wrongful death action. We can help you figure out which family members can seek damages.
Recoverable damages may include:
- The decedent’s medical bills
- Loss of the decedent’s household income
- Any pain and suffering the decedent experienced
- Loss of companionship
An attorney can further advise on the documents needed to file a claim or lawsuit. With legal representation, you may receive coverage for any other losses you’ve experienced.
Our Lawyers Will Calculate Your Damages to Ensure You File for All You Deserve
Before pursuing compensation, we must know what your damages are worth. To get a better understanding, we will review documents and may consult with experts to help us assess your losses.
For example, certain factors, like the severity of your motorcycle accident injuries, can influence your award. Catastrophic injuries, like spinal cord injuries, can result in higher compensation.
Your personal injury lawyer will also help you consider any offers you may get from an insurance company. In many cases, the initial offer is too low, so we negotiate for a fair award on your behalf. If necessary, we are prepared to go to trial to fight for your compensation.
When you leave your case in our hands, we handle everything, including correspondence with all parties and all necessary case paperwork. We also keep you up to date on any changes in your case.
For a free legal consultation with a motorcycle accident lawyer serving Alexandria, call (318) 777-7777
Who Can Be Liable for Your Motorcycle Crash?
In the context of motorcycle accidents, several parties could be responsible. If the victim was a passenger, they might file against the negligent motorist.
Similarly, an injured biker may sue another driver who negligently operated their vehicle when they collided with the motorcycle. Other at-fault parties can include the vehicle manufacturer and a government entity.
A negligent driver can engage in distracted driving, failing to follow the rules of the road, and intoxicated driving. An Alexandria motorcycle accident attorney from our firm can analyze the facts of your case to determine who was responsible.
Mechanical failures are another common cause of motor vehicle accidents. 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 rendered unsafe at some point between the factory and the location where the individual purchased the motorcycle. In either case, the plaintiff may take legal action against the manufacturer or seller.
In some cases, the victim might even have a valid claim against a city or municipality for failing to maintain roadways. After identifying the at-fault parties, we will pursue fair compensation.
Alexandria Motorcycle Accident Lawyer Near Me (318) 777-7777
How To Prove Liability in Your Motorcycle Accident Case
A motorcycle accident-related lawsuit may come down to the negligence of one or more drivers involved in the crash. The law requires anyone operating a motor vehicle to take active, precautionary steps to avoid causing harm to anyone else. They may be held liable when someone fails to do so and causes a collision.
We generally prove negligence by:
- Showing that the defendant owed you or your loved one a duty of care
- Establishing that the defendant breached their duty of care
- Establishing the breach of duty of care as a cause of the accident
- Explaining the damages that resulted from your crash
Completing this sequence could be critical to your case for awards. Collecting as much evidence as possible to strengthen your case is essential. An attorney can guide you through each stage of the legal process.
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 try to reduce the defendant’s liability.
Even if the motorcycle operator’s failure to wear a helmet contributed to their injuries, Louisiana’s “comparative negligence” law (CC Art. 2323) does not bar them from recovering damages. Rather, the victim’s compensation may be reduced by an amount equal to their negligence.
What Is the Statute of Limitations for Motorcycle Crashes in Louisiana?
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, per CC §3492. Once this period expires, the accident victim is no longer eligible to file a lawsuit.
If you file a wrongful death lawsuit, you also have one year to do so, as outlined in CC §2315.2. Because evidence is often time-sensitive, victims may wish to contact a motorcycle accident attorney in Alexandria as soon as possible.
There may be exceptions to these deadlines, so call our team even if it has been over a year since your accident. An attorney might help you file a lawsuit against the responsible parties within the deadline.
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The “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, per Louisiana Revised Statute (RS) §32:866.
A driver is not insured at the time of an auto accident. If this happens, they may not recover the first $15,000 in bodily injury damages and $25,000 in property damages, even if someone else was at fault for the collision.
In other words, a driver’s failure to carry insurance may incur a $15,000 deductible for injuries and a $25,000 deductible for property damage should they suffer any loss in a collision.
There are exceptions to this rule, such as hit-and-run accidents or those involving an intoxicated driver. A motorcycle accident lawyer in Alexandria, LA, can explain how this law may affect your case.
If You’ve Been in a Motorcycle Accident in Alexandria, We Can Help
As a motorcycle accident victim, you deserve all the help you can get. You may seek a specific type of guidance only a personal injury attorney can provide. We should be your law firm of choice whether you’re dealing with injuries or losing a loved one.
Our firm is Louisiana-based, and we know the Alexandria area well. Our presence in Alexandria allows us to:
- Investigate your motorcycle accident comprehensively.
- Gather any physical evidence from your collision.
- Evaluate your medical costs and other losses.
- Contact witnesses.
- Build an evidence-based case against the liable party.
- File your case without delay.
It’s always preferable that your personal injury lawyer has prior experience in your case’s jurisdiction. They can leverage their knowledge of local laws, statutes, and regional nuances to easily understand complex cases and advise on the best course of action.
We Have a Reputation for Excellence
Our presence in Alexandria isn’t the only reason to choose us for your case. Our dedication to clients is well-documented. Our clients attest to our stellar care:
- “My experience with Laborde Earles Injury Lawyers was a great adventure. They update you with phone calls and text messages. I didn’t have to do anything but relax. I recommend anyone [who’s] been hurt in an accident to call Laborde Earles Injury Lawyers. You will not be disappointed.” Eldida, a former client.
- “This is the dream team! They took great care of my mother, daughter, and myself!” Danielle, a former client.
- “Excellent attorneys. I highly recommend this law firm.” Ashley, a former client.
These kinds of testimonials are no exception. We serve each client with the utmost respect and fight for nothing less than a fair recovery.
Past Verdicts and Settlements
When motorcycle accident victims come to us for help, they hope for a financial recovery. It may be encouraging to know that our legal team has recovered more than $600 million in judgments and settlements for our clients, including a $1.2 million trial verdict for a motorcycle accident victim.
Your case has a specific value. It’s our job to determine that value and pursue fair compensation for your losses.
We Take on Cases With No Upfront Payment
We can start on your case with no upfront fees or out-of-pocket costs from you. We will receive a fee only if we win your case. You do not have to pay us if we do not win compensation for you.
Laborde Earles Can Help You Recover Damages
If you have been involved in a motorcycle crash, it may be best to speak to a motorcycle accident lawyer in Alexandria. At Laborde Earles, we provide a comprehensive approach to recovering losses related to the collision.
Our lawyers can provide valuable guidance throughout an insurance claims process or a personal injury lawsuit. We understand the complex legal system and can help you obtain fair financial compensation. Our legal team can assess your case today. Contact us now for your FREE legal consultation.