If you were hurt in a motorcycle accident, you have legal options. You may be able to recover compensation from the person who caused the accident.
A Chalmette personal injury lawyer on our team can assist you with your case. At Laborde Earles Injury Lawyers, we can protect your rights and ensure the insurer and at-fault driver treat you fairly. The first step is a free, no-obligation consultation to discuss your situation.
How to prove You are Owed Compensation
If you decide to pursue a lawsuit against the person who hit you, it is essential to have a good idea of what you must prove to recover damages before you seek compensation.
A motorcycle crash is a type of personal injury case. It requires you to show the other person was negligent and that your injuries were the direct result of their conduct. This demonstration involves proving the four elements of a negligence case:
Duty
You must show that the other party owed you a duty to use reasonable care and skill. Drivers have a duty to drive with caution, pay attention to the road, and obey traffic laws every time they get behind the wheel.
Breach
You must next prove that the defendant did not drive according to this duty. There are many examples of breaching the standard of care. Your lawyer will investigate your situation to discover what the other person was doing and how it led to the accident.
Causation
You must also show a connection between the injuries you suffered and the defendant’s failure to drive cautiously.
Damages
The final step involves calculating the damages that you suffered because of the accident, including the financial costs you have incurred as well as a few other categories of damages like lost earnings.
It is important to seek the compensation you need because you will not be able to seek more once your insurance claim or lawsuit is finalized.
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.
ClientSeeking the Financial Recovery You need
Calculating your damages is one of the most important steps in building your insurance claim or civil case. Working with a Chalmette motorcycle accident attorney on our team is one way to ensure that you cover your bases and do not leave any expense uncovered.
Motorcycle accidents can lead to catastrophic injuries that leave the victim with a permanent disability. It can also be incredibly stressful for their family and loved ones, especially if the injury is life-altering.
Forms of Compensation You can Request
When an attorney with Laborde Earles Injury Lawyers works on your case, one of their first tasks is tallying your damages. Here are a few categories that you may be able to claim:
- Medical bills
- Estimated ongoing medical care costs
- Lost income
- Motorcycle repair bills
- Reduced earning capacity
- Disfigurement or scarring
- Pain and suffering
- Rehabilitation
- In-home care provider assistance
Laborde Earles Injury Lawyers also handles wrongful death cases. We will review your case for free and offer legal guidance and representation if your family member suffered fatal injuries in a Chalmette motorcycle accident. You may be able to recover damages to cover your financial and intangible losses.
Let Our Team help You with Your Chalmette Motorcycle Injury Claim
Motorcycle accidents are stressful and can turn your life upside down. A motorcycle accident is one of the most traumatic and painful things one can experience. There are many things to consider before you start pursuing compensation, and our team understands this.
Many injury victims feel overwhelmed and confused when it comes to navigating the civil justice system. However, you need to act quickly. You should connect with us as soon as possible after your injuries are stable.
Taking Civil Action
Make sure that you explore your options and take steps to protect yourself within the one-year window provided by CC Art. 3492. However, under some circumstances, the one-year deadline may not apply in your case. Still, you could have even less time. Before the deadline arrives, we need to:
- Investigate your collision
- Develop and file your insurance claim
- Attempt to negotiate a settlement with the other driver’s insurer
- Prepare the documents to begin your lawsuit, if necessary
In many cases, we can reach a settlement without preparing for trial or taking action in civil court. However, this process takes time, and we must complete each step before the deadline arrives. You can learn more when we assess your case during your free consultation.
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 | ClientTypes of Motorcycle Accidents
Motorcycle accidents often lead to fatalities because of the exposed nature of riding a bike. In 2020, 75 motorcyclists lost their lives in traffic accidents in Louisiana, according to Louisiana State University’s Center for Analytics & Research in Transportation Safety (CARTS).
There are many ways that a motorcycle accident can happen, so it is important to understand what led to your crash. This knowledge will make it easier for you to hold the other party responsible and prove liability.
Left-Hand Turns
When a vehicle enters an intersection without having the right-of-way or making sure the road is clear, it can be easy to collide with a motorcycle while it passes through rightfully.
Left-hand collisions are one of the most common types of motorcycle accidents for this reason. Also, the small size of motorcycles can make them less visible. This fact is not an excuse for motorists to fail to keep a proper lookout.
Head-On Collisions
Many motorcycle accidents involve head-on collisions. If a motorist does not stay in their lane or makes an improper turn without ensuring the way is clear, a motorcyclist can find themselves being thrown from their bike after a head-on impact.
Speeding
Being in a hurry is not a good excuse for violating the speed limit. It is important to always travel at a safe speed, even if that means driving slower than the speed limit during inclement weather. When a driver speeds, they may not see a nearby motorcyclist or react quickly enough to changing road conditions.
Drunk Driving
Intoxicated drivers have terrible reaction times and are often reckless behind the wheel. A drunk driving accident can take many forms, including a devastating—or even fatal—high-speed crash. You can bring a civil case to recover damages from the drunk driver, regardless of whether they face criminal liability for their actions.
Road Hazards
Sometimes debris, fallen cargo, tree branches, or poor road design can make driving a motorcycle unsafe. If your accident happened because of a road hazard, you might need to do some investigating to see who is responsible for the danger. If the accident occurred due to a poor road design, you might need to bring legal action against the public agency responsible for designing or maintaining the street.
If your motorcycle accident fits one of these categories, you may be entitled to compensation. There are many other types of motorcycle crashes, so it is still a good idea to contact Laborde Earles Injury Lawyers now to talk about your case and whether someone else is liable for what happened.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientA Free Consultation is a Phone Call Away
A free consultation with one of our staff members can help you get the answers you need. A lawyer from our team can help you learn more about getting back on your feet and pursuing compensation after a motorcycle accident in Chalmette.
Call Laborde Earles Injury Lawyers today at (504) 777-7777 to get started.
