A recent study reported that in 2019, about 5,014 motorcyclists lost their lives in motorcycle crashes, a slight decrease from 5,038 in 2018. A motorcycle accident can be horrific and life-changing for the victim. Injuries caused by motorcycle accidents range from traumatic brain injuries (TBI) and bone fractures.
After an accident, a motorcyclist can incur thousands of dollars in medical bills, lost wages, and repair costs. You might decide to hire a motorcycle accident lawyer for legal representation in your case. Reaching out to a motorcycle accident lawyer to pursue an injury claim is crucial.
How a Cankton Motorcycle Accident Lawyer Can Help
An accident survivor can incur thousands of dollars in medical bills, vehicle repairs, and lost wages after a motorcycle accident. A lawyer will build a strong case against the party at fault, collect evidence to determine liability, estimate your claim’s value and negotiate with the insurance provider for a favorable settlement.
A motorcycle accident lawyer will protect your legal rights during the claim process and work to get maximum compensation for your injuries and any damages incurred from the accident.
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Causes of Motorcycle Accidents in Cankton
There are several causes of motorcycle accidents, but most motorcycle crashes are due to human error, including:
- Reckless Driving: Most motorcycle accidents result from failure to drive attentively and carelessly operating a vehicle or motorcycle. Many motorcycle crashes happen at intersections since other motorists fail to spot a motorcycle approaching. A motorcyclist should be vigilant on the road and practice defensive driving.
- Alcohol Use: It’s illegal for motorists to drive under the influence of alcohol. Many motorcycle accidents with reported injuries involve alcohol use. Motorcyclists need better coordination and more complex handling than regular drivers. To avoid motorcycle crashes, motorcyclists should avoid consuming alcohol or drugs when riding.
- Lack of License or Improper Licensing: It’s a requirement by law for a motorcyclist to have a motorcycle license. Failure to obtain a license by a motorcyclist will put themselves and other motorists at risk on the road and break the law. Getting a motorcycle license helps to make sure that motorcyclists are aware of dangers on the road and how to operate a motorcycle safely.
- Hazardous Road Condition: A motorcycle accident can be caused by the slightest pothole. From uneven pavements to slippery roadways, unsafe road conditions can cause a motorcycle to become unbalanced, causing severe crashes.
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Louisiana Statute of Limitation
If a motorcycle crash happens due to the negligence of the other motorists, it’s advisable to pursue an insurance claim or a legal case. In Louisiana, the law dictates that claims for damages from a motorcycle accident should be filed within a year of the crash’s date, per CC §3492.
For wrongful death resulting from a motorcycle accident, the same one year from the date the victim died applies. Your motorcycle accident attorney will advise you on how to file your claim before the one-year statute of limitation expires.
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Recoverable Damages
You’re entitled to claim damages in a personal injury lawsuit if you’ve sustained motorcycle accident injuries. The following are the types of recoverable damages you can pursue from the insurance company:
- Medical Expenses: You’re entitled to recover any medical costs incurred to treat injuries from a motorcycle accident that happened due to the negligence of another motorist. Medical expenses include ambulance fees, medications, physical therapy, and doctor’s fees. If you suffer from a debilitating injury, your motorcycle accident lawyer will pursue compensation for future medical treatment.
- Lost Wages: You may lose your earning capacity after a motorcycle accident. Your lawyer will include present, past, and projected future lost wages when determining the value of your claim. To qualify to be compensated for lost wages or income, you must prove that injuries from the motorcycle have diminished your ability to earn a living.
- Pain and Suffering:A traumatic motorcycle accident can cause pain and suffering, both emotional and physical. Pain and suffering include emotional and mental damage stemming from the accident, such as stress and anxiety.
Your motorcycle accident lawyer will estimate the value of your claim based on all potentially recoverable damages and fight for you to receive maximum compensation.
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Building Your Motorcycle Accident Case
A motorcycle accident lawyer knows what information to collect and compile to build a strong injury claim. The lawyer will gather evidence to show that negligence by another motorist led to the accident, and you sustained damages and injuries due to the motorcycle accident.
Your lawyer will likely want to wait until you’ve achieved maximum medical improvement (MMI), which is the point you’ve almost fully recovered or have recovered as much as possible. At that point, your lawyer can accurately determine total damages, including past and future expected medical costs.
Negotiating a Fair Settlement
After you file your injury claim, the insurance company will assess and respond. The insurer might respond with a minimum offer to cover your damages. In this situation, it is your lawyer’s responsibility to negotiate with the insurance company for a better offer. The lawyer will negotiate for suitable compensation based on the value of your damages.
Filing a Lawsuit
The majority of motorcycle injury claims are settled out of court. However, the insurance company and the lawyer may disagree on a fair settlement in a few instances. If an out-of-court settlement fails, your lawyer may advise filing a lawsuit. Your lawyer will represent you through the lawsuit process and present a solid and compelling argument on your behalf before a court of law.
Laborde Earles Injury Lawyers Can Help with Your Claim
Our team at Laborde Earles Injury Lawyers is ready to help you pursue your motorcycle accident injury claim in Cankton. We have recovered more than $200 million in settlements on behalf of our clients, and our team will work hard for you to ensure you receive the compensation you deserve. Contact us today for a free review of your case.
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