Motorcycles have a higher risk of being involved in an accident than cars because they are more difficult to spot. In addition, bikers are more likely to suffer a serious injury since motorcycles offer much less protection to riders than passenger cars. If you were injured in a crash, protect your legal rights by working with a motorcycle accident lawyer in Lafayette.
At Laborde Earles, we have helped many clients recover million-dollar awards, including a $1.2 million verdict for a motorcycle accident victim.
You can speak with a Lafayette personal injury lawyer to help you pursue compensation. Our team can explain your options during a free legal consultation. If you decide to hire us, you don’t pay unless we win the case.
Motorcycle Accident Claims Process
Motorcycle collisions can be devastating and life-altering events. If you or a loved one has been hurt, it is crucial to understand the claims process and how to protect your rights.
Filing a Claim
The first step in the claims process is to contact an experienced motorcycle accident lawyer serving Lafayette. An attorney can help you file a claim and ensure your rights are protected throughout the process.
Investigating the Crash
Your attorney will investigate the incident and determine who was at fault. They will also review your medical records to assess the extent of your injuries and losses.
Pursuing Compensation
Your attorney will then negotiate with the insurance company to ensure you receive a fair settlement for your damages. If an agreement cannot be reached, your lawyer may file a lawsuit against the responsible party to recover the compensation you deserve.
Motorcycle crashes can be complex and difficult to navigate without the help of an experienced attorney. A motorcycle accident attorney in Lafayette can help you understand your rights and ensure you receive the full compensation you need.
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.
ClientPotential Liable Parties in a Motorcycle Collision
Most motorcycle accident lawsuits are based on negligence. Therefore, as your Lafayette motorcycle accident lawyer builds your case, they must determine responsibility for your losses.
Multiple parties could be liable for your motorcycle crash injuries. The responsible party is not always the person who hit you. Other potentially liable parties include:
- A distracted motorist who swerved into your lane, causing you to commit a driver error
- The motorcycle’s manufacturer, whose product contains a defective part that caused the collision
- A repair shop that failed to repair your motorcycle or the other driver’s vehicle properly
- The driver’s employer, if the driver was working during the crash
- A municipality or town that failed to maintain roadways under its care
- An establishment that over-served alcohol to a patron who drove under the influence, causing an accident
The Elements of Negligence
In your case, we must establish that the opposing party acted negligently. To prove negligence, we must show:
- Duty of care: The driver owed you a standard of care. Duty of care means a person has a responsibility to act in a reasonably safe manner to avoid causing harm to anyone.
- Breach of duty: The negligent driver breached their duty to you. Their conduct failed to meet the applicable standard of care, increasing your risk of injury.
- Causation: The reckless driver’s breach caused your accident and injuries.
- Damages: The accident brought harm that allows you to seek compensatory damages.
In some situations, a crash will have multiple responsible parties. By working with a Lafayette motorcycle accident attorney, you can determine all the at-fault parties so you can take appropriate legal action.
By pursuing compensation from all the at-fault parties, you may obtain a larger settlement while ensuring all those responsible are held accountable.
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 Damages You Can Recover After a Collision
The severity of your injuries determines whether you can collect damages and how much compensation you will receive if you win the case. A Lafayette motorcycle accident attorney can help you file a personal injury claim to fight for damages.
Losses you can claim in a motorcycle collision differ depending on the severity and circumstances surrounding the incident. Damages you may be eligible to recover include:
- Past and future medical costs: These include any ongoing medical visits, physical therapy, occupational therapy, emergency room visits, and ambulance rides. If you’ve suffered a severe traumatic brain injury (TBI) or spinal cord injury, our Lafayette catastrophic injury lawyers can get you the support you need to treat your condition.
- Lost wages due to time missed at work: If you missed work while recovering from the accident, you could be entitled to compensation for lost wages. This damage also includes lost future earning capacity.
- Career change education or training: If you are permanently injured or disabled because of a motorcycle accident, you may be able to seek compensation for any vocational education or training required to establish a new career or line of work.
- Property damage: You can include motorcycle repair or replacement costs in your claim.
- Emotional distress: Many people may suffer from anxiety, depression, or post-traumatic stress disorder (PTSD) after a motorcycle accident. You may recover compensation for the mental stress the traumatic event caused.
- Pain and suffering: Any ongoing physical or mental anguish due to injuries from the crash can be included in recoverable damages.
A motorcycle accident attorney serving Lafayette will review the details of your collision to see how much you could seek from the liable party or their insurance company. We will also investigate the crash to see if additional evidence can strengthen your case.
Such evidence may include medical bills, pay stubs, testimony from your doctor and other experts, witness testimony, and images and videos of the crash.
Common Wrongful Death Damages
Unfortunately, some motorcycle accident victims do not survive the crash. If you lost a loved one due to another person’s negligence, you have our sincere condolences. Our Lafayette wrongful death lawyers may be able to help you pursue a wrongful death action against the liable party.
Common damages you could recover in a wrongful death case include:
- Final medical expenses for the decedent
- Funeral and burial costs
- Loss of income if the decedent contributed to the household
- The decedent’s pain and suffering before they died
- Loss of companionship, guidance, and affection
- Loss of consortium
While we understand that money cannot bring back your loved one, financial compensation may help ease your financial load, allowing you to grieve and recover.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientYou Can Still Recover Compensation if You Shared Fault for the Accident
Some motorcycle crash cases involve a careless driver who is solely responsible for causing the collision. In other cases, the accident victim can be partially responsible. For example, if a motorcyclist was speeding when a motorist failed to yield and collided with them, the victim was partially at fault.
CC § 2323 outlines Louisiana’s pure comparative negligence rule. With pure comparative negligence, an injured party partially responsible may recover compensation at a reduced rate directly proportional to their level of fault. For example, if you were 20% to blame, you will be able to recover 80% of the full value of your damages.
Your lawyer will help you determine how much you may be able to recover with pure comparative negligence and help protect your right to financial compensation.
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.
ClientThe Louisiana Statute of Limitations for Filing a Lawsuit
If a motorcycle accident occurred due to another driver’s negligence, you have a limited time to bring a personal injury lawsuit or file an insurance claim. Louisiana laws mandate that lawsuits for damages be filed within two years of the date the crash occurred, per CC 3493.1.
When pursuing a wrongful death claim, it is important to note that the statute of limitations is only one year. For wrongful death suits, the period starts when the accident victim passes away.
By contacting our attorneys as soon as possible, you ensure we have the time to gather evidence, negotiate with insurance companies, and file a lawsuit, all within the allowed timeframe.
What to Do After a Motorcycle Accident
If you’ve been involved in a motorcycle crash, taking the right steps to protect your rights and ensure you get the compensation you deserve is important. Here are some tips on what to do after a motorcycle accident in Lafayette, LA:
- Seek medical attention: The most important thing to do after a motorcycle accident is to seek medical attention. Even if you don’t think you’ve been injured, getting checked out by a doctor is important as delays could affect your ability to recover compensation.
- Document the accident: Take pictures of the scene and any visible injuries, if possible. You should also get the contact information of witnesses who may have seen what happened.
- Contact a motorcycle accident lawyer: It’s important to call a motorcycle accident lawyer serving Lafayette immediately. An experienced attorney can help you understand your rights and ensure you get the compensation you are owed.
At our firm, we understand how difficult it can be to deal with the aftermath of a motorcycle crash. We are here to help you every step of the way and fight for the justice and compensation you need.
Average Settlement Payout for a Motorcycle Crash
Motorcycle accidents can be devastating, leading to serious injuries and even death. You may be entitled to compensation for your losses if you’ve been injured in a wreck. The average settlement payout varies significantly depending on the severity of the injury and other factors.
In general, the more severe the injury, the higher the settlement amount will be. So, for example, if you suffer a traumatic brain injury, you may be entitled to a much higher settlement than if you suffered a broken bone.
Lafayette motorcycle accident victims can recover compensation for their injuries and lost wages. The amount of money you receive will depend on the severity of your injuries, how much time you’ll be out of work, and the cost of your medical bills.
We Reference Relevant Documents
Your lawyer will look at all the documentation of your damages in your Lafayette motorcycle accident and uncover any hidden losses. This gives everyone a full picture of your case’s value and the compensation for accident expenses you can expect.
We Collaborate with Experts
Calculating a fair value for complete compensation can be complex, and personal injury lawyers often call upon medical experts or accountants for assistance.
The attorneys at our firm have relationships with local experts and are familiar with the evidence necessary to establish and prove the monetary value of your losses.
If you are injured in a collision caused by another driver’s negligence, you may also be entitled to compensation for pain and suffering, emotional distress, and other non-economic losses. These intangible losses are more difficult to prove, but expert testimony can help quantify your losses.
We Have a Successful Track Record
Our team has extensive experience negotiating settlements on behalf of clients throughout Louisiana. We understand the importance of getting the most money possible for your injuries. That is why we aggressively pursue every available source of compensation.
Know the Worth of Your Louisiana Motorcycle Injury Case
The value of your case is a critical aspect of your legal action. This information lets you know if an insurance company’s potential settlement offer will adequately compensate for your losses.
Insurance companies typically offer less than a claim’s full value to reduce financial liability. However, our attorneys are familiar with these methods and will negotiate on your behalf.
We will advise you if an offer is too low, but the final decision to accept or reject the offer is always yours. If offered less than you deserve, consider rejecting the settlement and going to trial. We are well-versed in insurance negotiation tactics and are ready for the courtroom.
Don’t Let an Insurance Company Take Advantage of You
If you or a loved one was injured in a motorcycle crash due to someone else’s actions, don’t settle for anything less than what you deserve. Our attorneys will help you seek the maximum settlement for your losses.
While we cannot guarantee a specific outcome, we will use our knowledge and resources to fight for your right to fair compensation.
We Will Communicate with the Insurers on Your Behalf
When you become our client, we will take the time to build a strong case for maximum compensation. We will handle all communications and negotiate with insurers and other parties on your behalf.
The more severe your injuries are, the higher the settlement you may access. For example, you will likely recover significant compensation if you suffer a spinal cord injury. On the other hand, an injury like road rash will not award you as high of a settlement, but you may still recover losses.
We aren’t afraid to aggressively defend your right to compensation and will refuse a lowball settlement if we can obtain a higher payout. If we cannot settle, we’ll file a motorcycle accident injury lawsuit and seek a court award for you.
Our Lafayette Motorcycle Accident Lawyers Will Help You Build a Strong Case
With over 350 combined years of personal injury law experience, the attorneys at Laborde Earles know what it takes to help our clients recover from crashes.
We have helped clients across Louisiana recover over $1 billion in injury cases and will gladly take your case to court. Our verdicts and settlements speak for themselves.
Hiring a lawyer to represent you can save time and ensure someone is looking out for your interests. Your lawyer will conduct an investigation into your case, which will likely involve:
- Visiting the motorcycle accident scene
- Reviewing the responding police officer’s report
- Reviewing your medical records related to your injury
- Talking to people who witnessed the crash
- Reviewing photos and videos of your injuries and the scene
- Consulting with accident reconstruction specialists to understand how the event occurred
Other Resources We May Use
We will also consult with other specialists, such as economists and medical and mental health experts, who can help us understand the extent of your losses.
Let our attorneys do the legwork necessary to build a solid case on your behalf. Then, we will handle the legalities and negotiations so you can focus on your health.
Our Team Advocates for You During the Lawsuit
After a motorcycle crash, we will cover all legal matters while you focus on recovery. Our motorcycle accident lawyers in Lafayette will be there for you every step of the way during your case.
Although we cannot guarantee a specific outcome, we will work tirelessly to achieve the best possible results. When you work with us, you can expect:
- A free consultation where we’ll review your case, determine if we should move forward, inform you of the legal process, and answer your questions
- Someone in our office to be available 24 hours a day, seven days a week, to answer your questions
- A focus on helping you get fair compensation
- Experienced lawyers with more than three-and-a-half centuries of combined personal injury experience
- Not having to pay for our legal services until you receive a settlement or win your case in a trial
Let our personal injury attorneys help you fight for full compensation in your motorcycle accident claim. We are here for you and will advocate for you during each case step.
The Affordability of a Personal Injury Lawyer
When you hire legal representation, you may worry about affordability. This is a common concern. Many injured people see legal cost as a barrier to proceeding with their case and choose not to move forward.
We know this obstacle, so we work on a contingency fee basis. If we take you on as our client, you do not have to pay us up front to start on your case. In addition, you do not have to pay us for costs and legal fees if we don’t win your case.
Instead, our payment will come from your settlement if we win. This arrangement allows us to go to work for you without financial barriers, and you do not have to worry about legal representation costs.
Trends and Patterns in Louisiana Motorcycle Collisions
According to the Center for Analytics & Research in Transportation Safety, motorcycle accidents in Louisiana are a significant cause of concern. During their ongoing longitudinal study regarding various vehicle information (which started in 2005), the number of motorcycles involved in accidents did not drop under 100 in Lafayette Parish.
The statistical data for 2024 shows:
- 136 motorcycles were involved in traffic accidents
- Six of these were in fatal crashes
- 103 vehicles were involved in collisions with injuries
- 27 motorcycles were involved in incidents without injuries
These statistics indicate that motorcycle accidents continue to be a significant concern in the region and emphasize the importance of promoting motorcycle safety to reduce the number of fatalities and injuries.
Common Causes of Motorcycle Accidents in Louisiana
Motorcycle crashes can be caused by various factors, including rider and driver errors. Understanding the common causes of these incidents can help promote safety measures to prevent them.
Here are some of the common causes of motorcycle accidents in Louisiana:
- Speeding
- Driver inattention
- Impaired driving
- Lane splitting
- Failure to yield
- Poor weather conditions
- Road hazards
Riders and drivers alike can reduce the risk of accidents by practicing safe driving habits, such as obeying traffic laws, avoiding distractions, and staying alert to their surroundings.
Most Common Motorcycle Accident Injuries
Collisions involving motorcycles can result in severe injuries due to the lack of protection the bike provides compared to other vehicles. The most common motorcycle accident injuries include:
- Head injuries
- Road rash
- Broken bones
- Spinal cord injuries
- Internal injuries
- Burns
- Emotional trauma
It is essential for riders to wear protective gear (such as motorcycle helmets and protective clothing) and to practice safe driving habits to reduce the risk of accidents. In the event of a crash, seek immediate medical assistance.
Get Help from an Experienced Lafayette Motorcycle Accident Attorney Today
A Laborde Earles motorcycle accident lawyer serving Lafayette can review your accident details and answer your questions during your initial consultation. The sooner we hear from you, the sooner we can start working on your case.
We are ready to discuss your motorcycle crash during a free, no–obligation consultation. Contact us today to speak with a team member.