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.
Our law firm’s team of lawyers has over 350 years of combined experience, and we’ve won over $600 million in compensation for our clients. One of our proudest recoveries was a $1,200,00.00 trial verdict for a motorcycle accident victim.
Contact a seasoned motorcycle accident lawyer in Alexandria, LA, if you or a loved one has been involved in a motorcycle accident. As a contingency law firm, when you choose our team, you don’t pay unless we win your case.
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 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.
We could help you obtain recoverable damages such as:
- The decedent’s medical bills
- Loss of the decedent’s household income
- Any pain and suffering the decedent experienced
- Loss of companionship
- Loss of consortium
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 Personal Injury Attorneys 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 wounds, like spinal cord injuries and traumatic brain injuries, can result in higher compensation.
Your personal injury lawyer will also help you consider any offers you may get from an insurance company. The initial offer is too low in many cases, so we negotiate for a fair award on your behalf. We are prepared to go to trial to fight for your compensation if necessary.
When you leave your case to us, 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.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.Client
Who Can Be Liable for Your Motorcycle Crash?
In the context of motorcycle accidents, several parties could be responsible. Common parties we often hold liable in motorcycle crash cases include:
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. The plaintiff may take legal action against the manufacturer or seller in either case.
In some cases, the victim might even have a valid claim against a city or municipality for failing to maintain roadways if their accident resulted from faulty road conditions. Therefore, after identifying the at-fault parties, we will pursue fair compensation.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.Rick Smith | Client
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 liable when someone fails to do so and causes a collision.
We generally prove negligence by:
- Showing the party owed you or your loved one a duty of care.
- Establishing that the defendant failed to provide reasonable care.
- Establishing the breach of duty as a cause of the accident.
- Explaining the damages that resulted from your crash.
Completing this sequence could be critical to your case for a financial award. 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 during 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, according to CC Art. 2323, Louisiana’s “comparative negligence” law does not bar them from recovering damages. Rather, the victim’s compensation may be reduced by an amount equal to their negligence.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.Client
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. Motorbike crash victims only have one year from the injury date to file a motorcycle accident claim 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. However, because the evidence is often time-sensitive, you may want to contact a motorcycle accident attorney in Alexandria as soon as possible.
There may be exceptions to these deadlines, so our team could help even if it has been over a year since your accident. An attorney can help you file a lawsuit against the responsible parties within the deadline and guide you through the claims process.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.Client
The “No Pay, No Play” Law
In Louisiana, the “No Pay, No Play” law requires all drivers, including motorcyclists, to carry liability insurance that adheres to the state’s minimum policy requirements, per Louisiana Revised Statute (RS) § 32:866.
If a driver is not insured during an auto accident, they may not recover the first $15,000 in bodily injury damages and $25,000 in property damages. This is true 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.
Motorcycle Accident Statistics in Rapides Parish
According to Louisiana State University (LSU) 2021 crash statistics, fatalities in motorcycle crashes increased by five percent statewide from the previous year. Of the 972 fatalities from various accidents, 84 motorcycle riders died. In Rapides Parish, there were 56 motorcycle crashes, six involving alcohol, throughout 2021.
In addition, there were four fatalities from motorcycle crashes, and two of the fatalities were a result of alcohol use. Due to these statistics, it’s essential that drivers on the road, whether they’re driving cars or riding motorcycles, be aware of the dangers of driving while under the influence.
While there were only two fatalities due to alcohol use, they still make up 50% of the deaths that could have been avoided if the negligent parties were sober and didn’t disregard the standard of care.
If You’ve Been in a Motorcycle Crash 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. Whether dealing with injuries or losing a loved one, we’re proud to be your personal injury law firm.
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.
Past Verdicts and Settlements
When motorcycle accident victims come to us for help, they hope for a financial recovery. So it may be encouraging to know that our legal team has helped thousands of clients obtain a settlement amount that covers the expenses they face after a crash.
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. Our Alexandria personal injury lawyers understand the importance of legal representation regardless of your financial status.
Contact Us for a Free Motorcycle Collision Consultation
Speaking to a motorcycle accident lawyer at our Alexandria, LA, office may be best if you have been involved in a motorcycle crash. At Laborde Earles, we provide a comprehensive approach to recovering losses related to the collision.
Our lawyers at our personal injury law firm 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.