There are more vehicles on the road than motorcycles. However, the latter still makes up for a sizable percentage of the total traffic fatalities in the United States. Even if a motorcycle accident is not fatal; it can still be life-changing for the victims involved. With little protection from the impact, motorcyclists can sustain serious injuries that take months or even years to heal.
If you’re injured in a motorcycle accident in Duson, you may be entitled to receive compensation for your injuries and all damages incurred. Consult a Duson motorcycle accident lawyer for legal help navigating the claim process.
Why Hire a Duson Motorcycle Accident Lawyer?
Motorcycle accidents present several challenges for victims trying to pursue compensation. Across the country, there’s a public bias that exists against motorcyclists. For example, there have been several cases of motorcyclists weaving in and out of traffic recklessly in Louisiana. As a result, a motorcyclist is likely to be blamed for an accident they may not have caused.
Therefore, enlist a Duson motorcycle accident lawyer if you’ve been involved in a motorcycle accident. Your attorney will help you overcome these biases and ensure you get justice. Here are some tasks that your lawyer will do on your behalf to help your case:
- Investigate the accident and gather evidence to determine causation
- Identify all liable parties
- Consult medical and financial experts to help determine your claim’s worth
- Handle all paperwork and other procedural requirements involved in filing a claim
- Handle all communication with the insurance company
- Negotiate a fair settlement with the insurance company
- Represent you in a court trial if a fair settlement isn’t reached
The lawyer’s main goal is to secure the maximum compensation possible on your behalf. A lawyer will handle every detail regarding your case so that you can focus on your recovery.
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Why Motorcycle Accident-Related Injuries Are So Severe
There are various reasons why motorcyclists are more vulnerable to sustaining severe injuries in an accident compared to occupants of a passenger vehicle or a truck, including:
- Motorcycles come with little protection for motorcyclists beyond their gear and helmet. Therefore, a motorcyclist is more exposed to the direct impact against the pavement and other vehicles whenever an accident happens.
- Since motorcycles only have two wheels, they’re less stable than other vehicles.
- Motorcycles are small, and they lack visibility to other motorists on the road. As a result, motorists may have difficulty spotting them and yielding on time.
- Motorcycles are more susceptible to potholes, bad drainage systems, and poor roadway conditions since the balance of the vehicle can quickly be affected before the driver can respond in time.
- Motorcycles tend to be smaller and lighter than passenger vehicles, buses, and trucks. This means that even the slightest impact can lead to greater damage for motorcyclists.
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Proving Liability in a Motorcycle Accident Case
Recovering compensation in a motorcycle accident lawsuit requires you to prove liability. You must prove that the accident happened due to the other party’s negligence. Any party that causes an accident because they failed to practice reasonable care on the road is negligent and liable for the damages they have caused.
A Duson motorcycle accident lawyer will help you determine which party was liable for the accident and initiate the process of recovering compensation. Multiple parties can be held liable for a motorcycle accident, and this doesn’t always include the person who hit you. The possible liable parties in a motorcycle accident includes:
- Driver who led to the crash after making an error, such as tailgating, swerving into your lane, or switching lanes dangerously
- Motorcycle’s manufacturer if it contains a defective part
- Driver’s employer if they caused the crash while on duty
- Repair shop that did a bad job in repairing your motorcycle or the other vehicle
- Government agency that failed to repair or maintain the roadway
- Business entity that served alcohol to the driver who caused the crash
Your lawyer must also demonstrate the following to prove that the liable party acted negligently at the time of the crash:
- Driver owed you a duty of reasonable care
- Driver breached this duty
- Breach led to the accident
- Accident caused bodily injuries and other damages
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Damages Available in a Motorcycle Accident Case
Following a motorcycle accident, most victims face financial difficulties trying to provide for their families and paying hospital bills. A Duson motorcycle accident lawyer has the skills needed to ensure that you recover financial compensation for damages incurred. This award is meant to reinstate you to the financial position before the crash occurred. The compensation typically covers the following damages:
- Current and future medical expenses, including hospital bills and ambulance costs
- Any out-of-pocket expenses associated with the accident
- Pain and suffering
- Loss of enjoyment of life
- Mental anguish
- Lost wages
- Lost earning capacity
- Scarring and disfigurement
- Loss of consortium
- Funeral and burial expenses if the victim dies following the accident
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What If the Motorcyclist Is Partially At-Fault for the Accident?
In some cases, a motorcycle accident is caused by a negligent driver who’s solely at fault. In other cases, the victim may be partially at fault for the accident and their injuries. For instance, if the motorcyclist was weaving through traffic when the motorist hit them, they may share the blame for the accident.
Under Louisiana law, an injured person partially liable for the accident may still recover compensation. However, they’ll recover the financial compensation at a reduced rate that matches their involvement in the accident. For instance, if the motorcyclist was 20% at fault for the accident, they’ll only recover 80% of the total compensation.
Statute of Limitations
Under Louisiana law, the personal injury statute of limitations CC Art. 3492 states that victims of a motorcycle accident need to file a claim within a year from the date of the accident.
The same limit applies to wrongful death cases. Under Louisiana law, the wrongful death statute of limitations CC Art. 2315.2 states that if a person dies due to the fault of another, a suit to recover damages which they sustained as a result of the death must be filed within a year from the date of the victim’s death.
Contact Laborde Earles Injury Lawyers for Legal Help
If you incurred injuries from a motorcycle accident, be sure that you reach out to a Duson motorcycle accident lawyer for legal help. Laborde Earles Injury Lawyers will work closely with you to build a strong case against the defendant to ensure that you get the compensation you deserve. Contact us today for a free consultation and more information.
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