According to the National Highway Traffic Safety Administration (NHTSA), motorcycle accidents are more than five times more likely to occur than car accidents. Oftentimes, motorcycle accidents occur due to another driver’s or party’s negligent actions. Whether another driver followed too close, attempted to cut off your motorcycle, was speeding, or was driving while under the influence, you may be eligible for compensation if another party caused your motorcycle accident.
A Marksville personal injury lawyer from Laborde Earles Injury Lawyers could help you seek compensation for your damages. Our personal injury attorneys know how to evaluate damages and file a lawsuit in time so you can work to hold the responsible parties financially accountable.
Time Limits to Recover Compensation in a Louisiana Motorcycle Accident Case
While plaintiffs have the right to file a motorcycle accident case, their right to do so is within a limited time frame. This is known as the prescriptive period or statute of limitations. Per Louisiana Civil Code (CC) §3492, a plaintiff could file a lawsuit in civil court up to one year from the day the injuries were sustained. In rare instances, the prescriptive period may be extended.
Filing a motorbike accident lawsuit within the state’s set time frame may be extremely important. If a plaintiff attempts to file a lawsuit after the prescriptive period has expired, the defense will almost certainly move to have the case thrown out. If this happens, a plaintiff in a motorcycle crash case may no longer be able to seek compensation for their injuries in a court of law.
Those considering filing a lawsuit after a motorcycle accident could consult with a motorcycle accident attorney in Marksville to understand how the statute of limitations applies to their situation. The sooner a potential plaintiff hires an attorney, the more evidence may be preserved to build a strong case for the plaintiff.
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Recoverable Damages in a Motorcycle Accident Case
Most plaintiffs seek to recover both financial and non-economic damages in a civil lawsuit. The general purpose of recovering damages is to make a plaintiff “whole,” or return the plaintiff to the same position they would have been in if the accident had not occurred.
Financial—also known as economic—damages are designed to cover monetary losses caused by a motorcycle accident. In general, they pay for the out-of-pocket losses an injury victim faces. These damages could also cover losses that are initially covered by insurance coverage. The ultimate goal of these damages is to ensure an injured party is returned to the financial position they were in prior to the accident.
Non-economic damages cover a different type of loss. Instead of easy-to-measure financial losses, these damages are designed to cover subjective injuries sustained in a collision. Pain and suffering is the most common type of non-economic loss.
Louisiana law may allow plaintiffs to seek compensation for the following types of damages:
- Medical costs
- Costs of rehabilitation
- Costs for home and vehicle modification
- Physical pain and suffering
- Past, present, and future lost wages
- Loss of enjoyment of life
- Legal and transportation expenses related to the accident
If a plaintiff can prove that the accused person was negligent in their actions, they could request these damages in their motorcycle accident claim with the help of a personal injury lawyer.
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What a Motorcycle Accident Lawyer Can Do to Help You With Your Claim
There are notable risks that come with moving forward with a motorcycle accident injury case on your own. The other side is likely to have the support of insurance adjusters and attorneys. This combined experience could put you at a significant disadvantage throughout the course of your case.
The good news is that you do not have to represent yourself in your injury case. When you hire a lawyer from our firm to represent you in your motorcycle accident case in Marksville, you allow us to handle all aspects of your case from start to finish while you focus on your recovery. Our attorney will do the following:
- Investigate the facts of your case
- Gather evidence (e.g., the police report, your medical records, eyewitness statements, any surveillance video of the accident scene, pictures of your injuries and damage to your motorcycle and the other vehicle involved)
- Identify all liable parties
- Determine a value for your case
- Handle all communications (e.g., with the insurance companies, the at-fault party’s attorney, law enforcement, etc.)
- File all relevant documents on time
- Update you on the progress of your case
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Our Marksville Motorcycle Accident Team Works on a Contingency-Fee-Basis
You may be thinking you cannot afford an attorney to represent you at this time. Do not worry. At Laborde Earles Injury Lawyers, our attorneys work on a contingency-fee-basis. This means you pay nothing upfront or out-of-pocket. We take our fee if we can secure a fair settlement on your behalf. If we don’t win, you don’t pay.
Our fee is made up of a portion of anything we collect in your case. This percentage is set up front, and it will never change during the course of your injury case. This approach places the risk of pursuing a personal injury case on our shoulders, not yours. We will only take our fee from your potential compensation.
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Establishing Liability for an Avoyelles Parish Motorcycle Collision
Victims and their Avoyelles Parish motorcycle accident attorneys must establish four main points of defendant liability to win a case. First, they must show that the defendant owed them a duty of care. By getting behind the wheel, this duty of care is established.
Next, they must show that the defendant violated their duty of care. Perhaps they were speeding, failed to stop at a stop sign, or were distracted while driving. Finally, the breach of duty must have directly caused the plaintiff’s injuries and damages.
If even one of the points cannot be proven to a jury, the plaintiff’s case could be unsuccessful. It is important for a plaintiff to hire an attorney who has the time and dedication needed to provide thorough representation.
When Multiple Defendants are Involved
Some motorbike accident cases may involve multiple defendants, each having contributed to the accident in their own way. Potential defendants in a motorcycle accident case might include:
- Other drivers on the road and their employers, if applicable
- Government or other entities responsible for road conditions and maintenance
- The manufacturer of the motorcycle or its parts
Per CC §2324, in most cases, defendants will be individually liable for the damages they caused. The jury will assign a degree of fault to each defendant. Each defendant will then be liable for paying their proportionate share of damages to the plaintiff.
Only in cases where the defendants intentionally worked together to cause harm to the plaintiff does joint liability apply. The plaintiff could hire an Avoyelles Parish motorcycle accident attorney to help them determine which people or parties should be called as defendants in their case.
What If I am Partially at Fault for My Marksville Motorcycle Accident?
Some motorcycle accidents have a clear and obvious cause. When a motorist negligently causes an accident, they face responsibility for the damage they cause. However, not every motorcycle accident is so clear-cut.
In some accidents, both parties share in the fault to a degree. If you are partially to blame for causing a motorcycle accident in Marksville, it will not prohibit you from pursuing compensation for your injuries. However, the extent of your liability could affect the amount you ultimately recover.
The state addresses this legal issue through a standard known as pure comparative negligence. While some states prevent motorists from recovering any compensation for their injuries when they are partially at fault, that is not the case in Marksville. Pure comparative fault allows you to pursue an injury case even if you were primarily at fault for the accident.
However, your case is still affected by your degree of liability. The court is required to reduce any damages you receive by your degree of fault. For example, if you are found to be 5 percent at fault, your total recovery will be reduced by five percent.
An Example of How Comparative Fault Laws May Apply
Consider the following example. You are involved in a collision with another motorist. You were traveling above the speed limit, which contributed to the cause of your accident.
However, the other driver was intoxicated and struck you after running a stop sign. In total, you have damages of $100,000. If a jury determines you are 40 percent at fault for the crash, they would award you $60,000 based on your degree of liability.
Work With a Marksville Motorcycle Accident Attorney Today
A Marksville motorcycle accident lawyer could help you recover your damages after a motorcycle collision. Attorneys have the knowledge and experience to present the important facts in your case and could use them to leverage a higher compensation request for your injuries.
Whether it is achieving a fair settlement or presenting your case to a jury, attorneys could be prepared to do what it takes to seek justice for you. Call today to learn more about your rights and legal options.
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