According to Louisiana State University, in the 1,543 motorcycle accidents in Louisiana in 2020, 1,187 people were injured or killed.
This data makes it clear that motorcycle accidents frequently have destructive consequences. If you were involved in a motorcycle accident, you might have suffered property damage, physical and psychological injuries, and lost wages.
If another party’s negligence caused your crash, a Lake Charles motorcycle accident lawyer from Laborde Earles Injury Lawyers can help you by managing your case on your behalf. We accept both personal injury and wrongful death cases.
You can learn more about your legal options in a free case review with a member of our team at Laborde Earles Injury Lawyers today.
Common Motorcycle Accident Injuries
After a motorcycle accident In Lake Charles, you could be diagnosed with several different injuries. Since motorcyclists are at an increased risk for suffering catastrophic injuries, your injuries after a motorcycle accident may be far worse than if you were injured in a car accident.
Some of the injuries that may be seen in Lake Charles motorcycle accident claims include:
- Facial injuries
- Road rash
- Loss of limbs
- Traumatic brain injuries, including concussions
- Broken bones
- Compound fractures
- Spinal cord injuries
- Back and neck injuries
- Post-traumatic stress disorder (PTSD)
You do not need to suffer a life-threatening injury to be entitled to financial compensation. Your attorney will not be looking at the type of injury you suffered, but rather how the accident and your injuries have impacted your life.
This means if you have suffered injuries that you might consider “minor,” it may still be worth your while to contact a motorcycle accident attorney in Lake Charles to discuss your legal options.
For a free legal consultation with a motorcycle accident lawyer serving Lake Charles, call (337) 777-7777
The Responsible Party in a Motorcycle Accident Case
Determining who is responsible for an accident is not always easy. However, it is a vital step—you need to know who to sue before filing your lawsuit.
The potentially liable parties in a motorcycle accident may include:
- The other driver: Vehicle drivers can make many mistakes, from disobeying driving laws to allowing themselves to get distracted. This can be especially true in motorcycle accidents, when drivers may not think to look for motorcycles before changing lanes or making a left turn.
- The other driver’s employer: If a commercial vehicle (e.g., a delivery truck driver) hit you, their employer may be fully or partly liable for the accident.
- An auto parts manufacturer: From tire blowouts to brake malfunctions, any motor vehicle can go out of control if the manufacturer did not test their products well enough or failed to recall faulty products.
- A mechanic: If a negligent mechanic returned your motorcycle in an unsafe condition and caused your accident, they may be liable for your damages.
If you qualify, Laborde Earles Injury Lawyers would be more than happy to help you figure out who to name in your lawsuit. We can also collect evidence of the responsible party’s liability to present in settlement negotiations or at trial.
Lake Charles Motorcycle Accident Lawyer Near Me (337) 777-7777
Louisiana Shared Fault Laws
Louisiana Civil Code (CC) §2323 follows a pure comparative negligence system. This means you can still be awarded compensation for your damages, even if you are partially responsible for causing your motorcycle accident injuries. This is the opposite of states that follow a pure contributory negligence system, where sharing fault may bar you from financial recovery.
It is more common than you might think for motorcyclists to share liability for their injuries. This often happens when a biker fails to wear proper safety equipment such as a motorcycle helmet or other protective gear.
Although you do have the right to recover compensation despite sharing liability, your injury settlement will be affected. You can expect your motorcycle accident award to be reduced by your percentage of blame. For example, if you were 25% at fault for the accident, you could expect your motorcycle injury settlement to be reduced by 25%.
If you have questions or concerns surrounding how shared liability may affect your motorcycle accident injury settlement, reach out to our office to discuss your concerns further.
How to Know If You Qualify for Damages
The Louisiana Civil Code (CC) §3492 states that accident victims are only allowed one year to file a personal injury or wrongful death lawsuit.
As long as that one year has not passed from the date of your accident or the date of your loved one’s death, you may still be entitled to sue for damages. However, after this deadline passes, your lawsuit may be dismissed.
Because of the importance of filing your lawsuit on time, Laborde Earles Injury Lawyers urges you to contact us as soon as possible after your accident. You can learn more about what specific deadlines pertain to your case in a free consultation with a representative of our firm.
Complete a Free Case Evaluation form now
Damages in a Motorcycle Accident Case
The types of damages you may be able to recover depend on your injuries and other factors. In general, the following damages may be available in a personal injury case:
- Medical costs: If you needed treatment to manage your injuries
- Repair bills: If your motorcycle or any other property needed to be repaired or replaced
- Lost income: If you could not earn your normal income until your injuries had healed enough for you to return to work
- Pain and suffering: If your injuries put you through physical or emotional stress or discomfort
- Scarring: If there are marks left behind even after your injuries have healed as much as possible
If you are filing a wrongful death claim, your potentially recoverable damages may include:
- Funeral and burial costs: If you had to lay your loved one to rest
- Pre-death medical care: If your loved one required medical treatment after their accident
- Lost financial support: If your loved provided you with income
- Loss of companionship: If your loved one was a source of affection and comfort
How Motorcycle Accident Insurance Claims Work
Louisiana follows a fault system for motor vehicle accidents. This means when you are involved in an accident, you will need to file an insurance claim with the liable party‘s insurance provider. Unfortunately, dealing with the insurance company may prove more challenging than you thought.
Insurance companies are only required to compensate you up to the highest limits of the policyholder’s claim. If your losses exceed the amount of the policyholder’s claim, you may need to recover the remaining amount in a motorcycle accident civil claim.
Insurance companies may also be unwilling to settle your claim fairly. They will lose money if they pay your motorcycle accident claim. For this reason, they may try to place blame on you for causing the accident.
As previously stated, Louisiana follows a comparative negligence system. Your injury settlement can be reduced if you share liability. The insurance company may try to capitalize on this law to reduce their profit loss.
What an Attorney Can Do for You
Filing a lawsuit can be difficult and time-consuming, even under the best of circumstances. You do not have to do it alone. You can stay home, tend to your injuries, and spend time with your loved ones while Laborde Earles Injury Lawyers takes up the fight on your behalf.
When we work together on your case, a Lake Charles motorcycle accident lawyer from our firm can:
- Investigate your case: By collecting evidence related to your case, we may be able to strengthen your claim and prove that the liable party was responsible for your accident.
- Submit paperwork: We can fill out and submit any paperwork your insurance claim or lawsuit requires. However, if you prefer, you can fill it out yourself and let us review it before you send it off.
- Handle negotiations: Many lawsuits are settled out of court. Your lawyer will do their best to make that happen for you by fighting hard to secure a fair settlement.
- Present your case on trial: If your case goes to trial, your lawyer can defend your rights before a jury.
- Work on a contingency-fee basis: This means we charge you no attorney fees until we get you compensation. If we cannot get you compensation, we charge you nothing for our labor.
Call Laborde Earles Injury Lawyers Today
If you are seeking representation after a motorcycle accident in Lake Charles, look no further than Laborde Earles Injury Lawyers. A Lake Charles motorcycle accident lawyer from our firm can manage all of the legal work in your case.