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 motorcycle accident lawyer could help you seek compensation for your damages. Seasoned personal injury attorneys know how to evaluate damages and file a claim in time so you could 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 claim 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 claim 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 the 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.
For a free legal consultation with a motorcycle accident lawyer serving Marksville, call (318) 333-3198
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. 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 an accomplished lawyer.
Marksville Motorcycle Accident Lawyer Near Me (318) 333-3198
What a Motorcycle Accident Lawyer Can do to Help You with Your Claim
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
Our Attorneys Work 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.
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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
As per CC §2324, in most cases, defendants will be solitarily, or 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.
Contact a Marksville Motorcycle Accident Attorney for Help 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.