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.
Recoverable Damages in a Motorcycle Accident Case
While the actual amount of a motorcycle accident claim may be difficult to determine, the types of damages 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.
Wrongful Death Damages
If the accident victim died, a family member or personal representative might be able to file for wrongful death 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, which could include:
- The decedent’s medical expenses
- Loss of the decedent’s household income
- Any pain and suffering the decedent suffered before dying
- Loss of companionship
For a free legal consultation with a motorcycle accident lawyer serving Alexandria, call (318) 777-7777
Our Lawyer Will Calculate Your Damages to Ensure You File for All You Deserve
Before we can pursue compensation for you, we must know what your damages are worth, so we calculate those for you. We may consult with experts to help us assess your losses. We will also review documents about your accident to make sure we account for all of your damages. Once we have a figure, this will be the settlement amount we will negotiate for.
Our lawyer will also help you consider any offers you may get from an insurance company. In many cases, the offer is too low, so we negotiate for a fair award for you. If we cannot settle, 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 any relevant case paperwork. We also keep you up to date on any changes and explain laws that affect your case.
Alexandria Motorcycle Accident Lawyer Near Me (318) 777-7777
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.
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Proving Liability in Your Motorcycle Accident Case
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 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.
Comparative Negligence
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.
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A Mechanical Failure May Be to Blame for Your Motorcycle Accident
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.
What is the Statute of Limitations for Motorcycle Accidents in LA?
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 time period expires, the accident victim is no longer eligible to file a claim.
If you are filing a wrongful death lawsuit, you also have only 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 Rapides Parish as soon as possible. An attorney could help file a lawsuit against the responsible party within the statute of limitations.
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. 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.
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 our payment if we win your case. If we do not win compensation for you, you do not have to pay us.
Laborde Earles has recovered more than $200 million in cash settlements and verdicts in injury cases, including a $1.2 million trial verdict for a motorcycle accident victim.
An Alexandria Motorcycle Accident Attorney Can Help You File for Damages
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 lawyer during a free consultation.
They could help you assess your case to determine whether you have a viable claim. Get started by calling our legal team at (318) 777-7777 today.
Call or text (318) 777-7777 or complete a Free Case Evaluation form
