Motorcyclists are more vulnerable than those in passenger cars because other motorists can find it difficult to spot motorcycles, and motorcycles also offer much less protection to riders than cars. As a result, motorcycle riders are typically involved in more catastrophic accidents than other vehicles.
If you were injured in a motorcycle accident in Louisiana, you may protect your legal rights by working with a Lafayette motorcycle accident lawyer who is familiar with state law. You can learn more about your legal options during a free consultation with our team at Laborde Earles Injury Lawyers.
You Could Recover Damages in Your Motorcycle Accident
The severity of your motorcycle accident injuries may determine whether you can collect damages and how much compensation you will receive if you win your case. An injured motorcyclist may wish to have a motorcycle wreck lawyer in Iberia Parish or New Iberia file a lawsuit so that they may fight for damages.
Typically, injured individuals may seek to recover:
- Past and future medical costs: These include any ongoing medical visits, physical therapy, occupational therapy, emergency room visits, and ambulance rides.
- 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 also includes lost future earning capacity.
- 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 after a motorcycle accident. Damages can be awarded to those suffering from these conditions.
- Pain and suffering: Any ongoing physical or mental anguish due to injuries from the accident can be included in recoverable damages.
Our lawyer who handles motorcycle accident cases can review your Lafayette-area accident to see how much you can seek from the liable party or their insurance company. We can also investigate your accident to see if additional evidence can boost your case.
For a free legal consultation with a motorcycle accident lawyer serving Lafayette, call (337) 223-9925
Wrongful Death Damages
Unfortunately, some motorcycle accident victims die from their injuries. If you lost a loved one due to another person’s negligence, you might be able to pursue a wrongful death action against the liable party. We can help you seek damages if you decide to move in this direction.
Common damages in a wrongful death case include:
- Final medical expenses for the decedent
- Funeral and burial expenses
- Loss of income if the decedent contributed to the household
- The decedent’s pain and suffering before they died
- Loss of companionship
Calculating a fair value for these damages can be a complex task, and personal injury attorneys often call upon medical experts or accountants for assistance. Your lawyer will look at all documentation of your damages in your Lafayette-area motorcycle accident and uncover any that you may have missed. This gives you and us a full picture of your case’s value.
Lafayette Motorcycle Accident Lawyer Near Me (337) 223-9925
Why Is it Important to Know What Your Case is Worth?
Having this information puts you ahead because you will know if an insurance company’s settlement offer, should you receive one, will adequately compensate you for your losses. We will advise you if we think an offer is too low, but the final decision to accept or reject the offer is always yours.
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We Know How to Gather Strong Evidence
With more than a collective 100 years of personal injury law experience, our attorneys know what it takes to help our clients recover from accidents. We have helped clients recover millions of dollars in injury cases. In one case, we won a trial verdict of $1.2 million for a motorcycle victim. Hiring a lawyer to represent you can save you time and ensure someone is looking out for your interests.
We know what evidence to look for to establish liability and negligence on the part of the person who caused your accident. Your lawyer can investigate the cause and do any of the following:
- Visit the motorcycle accident scene
- Review the responding police officer’s report
- Review your medical records about your injury
- Talk to people who witnessed your accident
- Review photos and videos of your injuries and/or the accident scene
- Consult with accident reconstruction specialists to understand how your accident occurred
We can also consult with other experts, such as economists and experts in the medical and mental health fields, who can help us understand the extent of your losses.
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We Will Communicate With the Insurers on Your Behalf
When you become our client, we’ll take the time to build a strong case for your compensation. We will handle all communications for you and negotiate with all involved parties on your behalf, including insurers. If we cannot settle, we can file your injury lawsuit and seek a court award for you. We encourage you to reach out to us to learn more during a free consultation.
We Can Help You Prove Liability
Most lawsuits stemming from motorcycle accidents are based on the legal concept of negligence. Under a theory of negligence, a person or company that causes an injury due to their failure to exercise reasonable care may be liable for the harm they caused.
As our Lafayette lawyer builds your case, we must determine who to hold responsible for your motorcycle accident. Multiple parties could be held liable for injuries, and sometimes, that is not always the person who hit you. It could be:
- A driver who caused you to crash after making an error, such as swerving into your lane
- The motorcycle’s manufacturer, whose product contains a defective part
- 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 at the time of the crash
- A municipality or town that failed to maintain roadways under its care
- The establishment that over-served alcohol to a patron who then drove under the influence, causing an accident
We also must establish that the opposing party in your case acted negligently. We must show:
- The driver owed you a duty of care. Duty of care requires a person to act towards others and the public with watchfulness, attention, caution, and prudence. If a person’s actions do not reach this level of care, they are considered negligent.
- They breached their duty to you. Their conduct failed to meet the applicable standard of care.
- The breach caused your accident and injuries.
- The accident brought harm that allows you to seek compensatory damages.
What to Do Immediately After a Motorcycle Accident
A motorcycle accident can be a scary and overwhelming situation. If you can, get out of traffic and to a safe location. Once the environment is safe, do the following:
- Check on others involved in the accident to see if medical attention is needed.
- Call the police to file a report. Also, ask for an ambulance if needed.
- If you received any injuries during the accident, seek medical treatment. Even if injuries are minor, it is important to have the injury documented.
- Take pictures of the scene.
- Collect contact and insurance information from other parties involved in the accident.
- Consider hiring a Lafayette motorcycle accident lawyer from Laborde Earles Injury Lawyers to help you recover damages from the accident.
You have a limited time to act with motorcycle injury cases. Once the deadline passes, you will no longer be able to receive compensation for your injuries. If you contact our firm after the accident, we will ensure you don’t miss any deadlines.
You Generally Have One Year to File an Injury Lawsuit in Louisiana
If a motorcycle accident occurred due to another driver’s negligence, you may want to pursue a legal case or insurance claim. In Louisiana, the law mandates that claims for damages be filed within one year of the date the accident occurred, per CC §3492. The same one-year deadline applies to wrongful death actions. The time period starts on the date the person died.
A Lafayette motorcycle accident attorney can help victims recover the compensation they deserve. We can review these deadlines with you during a free case evaluation.
What Happens if a Motorcyclist is Partially at Fault?
Some motorcycle crash cases involve a careless driver who is solely responsible for causing the accident. In other cases, the accident victim is partially responsible for their injuries.
For example, if a motorcyclist was speeding when a motorist failed to yield and collided with them, the other driver may claim the victim was partially at fault. In Louisiana, an injured party who was partially at fault may still be able to recover damages. Under CC §2323, an injured party who was partially responsible may still recover compensation with a reduction in proportion to their share of fault.
Not all cases involve comparative negligence, but it could be advantageous to prepare yourself for common arguments and defenses. An Iberia Parish motorcycle accident attorney could help an injured individual understand the legal arguments they might face during negotiations or a trial.
Can You Afford a Personal Injury Lawyer?
Hiring legal representation often brings up the issue of affordability. Many injured people see cost as a barrier to proceeding with their case and decide not to move forward.
We are aware of this concern, which is why we are a contingency law firm. For you, this means that if we take you on as our client, you do not have to pay us upfront for us to start on your case. You also do not have to pay us if we don’t win your case. If we win, our payment will come from your settlement. This arrangement allows us to go to work for you without any financial barriers.
Laborde Earles Injury Lawyers Will Advocate for You During a Motorcycle Accident Lawsuit
After a motorcycle accident, we will take care of all legal matters while you focus on recovery. Laborde Earles Injury Lawyers will be there for you every step of the way during your case. We will work tirelessly to get you the best possible outcome for your case.
- We offer a free consultation, during which we will review your case and determine if we should move forward. We will inform you of the legal process and answer your questions.
- Someone in our office is available 24 hours a day, 7 days a week to answer your questions.
- We focus on helping people get fair compensation.
- We have more than 100 years of combined personal injury experience.
- Our clients do not pay for our legal services until they receive a settlement or win their case in a trial.
Let our motorcycle accident attorneys assist you today to help you fight for fair compensation in your motorcycle accident claim. We are on your side and will advocate for you during each step of your case.
Get Help from a Lafayette Motorcycle Accident Attorney Today
We are ready to speak with you about your motorcycle accident during a free, no-obligation consultation. Call (337) 777-7777 today to speak with a team member at Laborde Earles Injury Lawyers. We can go over your accident and answer your questions. The sooner we hear from you, the sooner we can start working on your case.
Call or text (337) 223-9925 or complete a Free Case Evaluation form
