Our Slidell personal injury attorneys know the physical and emotional pain these traumatic crashes cause, along with piling medical bills and financial uncertainty. Let our decades of experience go to work for you as we file a motorcycle accident claim on your behalf for full compensation.
Assigning Negligence to the Responsible Party
Motorcycle accidents can leave injured riders facing chaos and uncertainty. Due to their small size, motorcycles are easily overlooked by negligent drivers until a crash occurs. If you suffered harm in a motorcycle accident caused by another party’s negligence, you can pursue a claim for damages against the at-fault party.
For example, if a negligent driver intentionally harassed or dangerously cut off a motorcyclist, leading to an accident, they may be deemed accountable and forced to compensate the injured rider. However, the situation becomes more complex if the motorcyclist violates traffic laws before the collision.
In such cases of potential shared negligence, Louisiana Civil Code §2323 allows for a reduction in compensation proportional to the injured party’s percentage of fault. Determining the primary negligent party accountable for a motorcycle accident can be complicated, but adequate legal counsel will protect your rights.
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.
ClientConstructing a Strong Argument in a Motorcycle Accident Case
Motorcycle accident cases fall under personal injury law, so the core of your argument against the liable party may center around how their negligent actions caused your injuries.
As experienced motorcycle collision attorneys in Slidell, LA, we carefully assess fault and build a strong claim to recover damages from the party responsible while recovering financial compensation for the injured motorcyclist.
Four elements typically need to be established to prove negligence, and they are:
- Duty of care
- Breach of duty of care
- Causation
- Damages
Your lawyer may present evidence to establish each element or show how certain factors connect. For example, let’s say you were a motorcyclist who got hit after a driver attempted to merge lanes. Your lawyer might shape your argument as so:
- The car driver had a duty of care to check their blind spot and ensure no one was in the lane they were entering.
- However, the driver did not check their blind spot, did not see you, and started merging because they assumed no one was in the lane they wanted to enter.
- Because they merged without warning or consideration of you being in the lane, you got hit in the process.
- Being struck by their vehicle led you to fall off your motorcycle, which resulted in severe injuries and financial consequences.
A Slidell motorcycle accident lawyer can help you formulate your argument and gather materials to support it when we represent you.
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 | ClientCompensation Factors that Motorcycle Accident Survivors are Eligible For in Louisiana
The type of injury and severity of trauma suffered in a motorcycle crash accident are key factors determining the amount and type of compensation an injured victim is eligible to receive in a fair settlement.
Victims with minor injuries like scrapes or bruises can expect smaller settlements. In contrast, those with devastating spinal cord injuries, traumatic brain injuries, or broken bones may win more money for long-term medical care, rehabilitation, and disability assistance.
An experienced motorcycle accident lawyer will evaluate the unique impacts of any injury, and calculate all current and future costs stemming from the motorcycle crash, such as the following types of damages:
- Expenses related to property damage, whether to repair their vehicle or replace it
- Expenses related to medical treatment, which can include emergency room treatment, physical rehabilitation, and surgeries, among other types of medical care
- Wages they lost as a result of being injured, treating their injuries, or having no means of travel
- Mileage costs to travel to and from medical appointments
- Physical pain and emotional trauma
- Loss of consortium
- Diminished quality of life if their injuries prevent them from partaking in personal hobbies and activities
Your experienced motorcycle accident attorneys in Slidell, LA, can explain your damages and help you calculate how much compensation to pursue in your personal injury lawsuit.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientYour Attorney Can Protect Your Claim from Expiring
Louisiana law imposes strict deadlines that limit your window to pursue compensation through the courts after an accident. Under Civil Code §3492, motorcycle crash victims typically have just two years from their accident to file a personal injury lawsuit against negligent parties.
The same short two-year deadline applies for wrongful death claims from fatal motorcycle collisions, per Civil Code §2315.2. Acting quickly and consulting an attorney early in the process is critical. Time flies when first filing an insurance claim and negotiating, or while gathering evidence to build your case.
A Slidell motorcycle accident lawyer in Louisiana can carefully monitor deadlines and immediately file the necessary lawsuit paperwork on your behalf if a reasonable settlement isn’t reached before the expiration date.
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.
ClientLegally Identifying a Range of Motorcycle Accident Causes
Motorcycle accidents are often caused by negligence, but a wide range of factors can be involved in any crash. An experienced Slidell motorcycle accident lawyer can work alongside the insurance company and their insurance adjuster to identify the cause of your collision, such as:
- Driver negligence: Drivers in cars, trucks, and other vehicles often fail to properly look out for motorcyclists before merging or turning. Their inattention and negligence are major causes of devastating motorcycle injuries and crashes.
- Speeding: Excessive speeding is dangerous for all vehicles but particularly deadly for motorcycles, reducing reaction time and increasing impact. We see many accidents caused by bikers or drivers speeding.
- Impaired driving: Intoxicated driving by either motorcyclists or other motorists under the influence of alcohol is an unfortunate common factor in many catastrophic motorcycle collisions we investigate.
- Hazardous road conditions: Slippery surfaces, debris, uneven pavement, and other road hazards can easily cause a biker to lose control and wreck, especially at high speeds. In some instances, a government entity could be at fault.
- Distracted driving: Drivers engaging in phone use, texting, eating, or other distractions often fail to notice motorcyclists, resulting in horrific collisions. We urge all our clients to minimize distractions.
As experienced motorcycle accident attorneys, we have handled numerous motorcycle accident crash cases and know firsthand the devastating impact when negligence occurs on the roadways. Safety must come first for both drivers and motorcycle riders, and if an accident occurs, we fight for fair compensation.
Call a Slidell Lawyer Today About Your Motorcycle Accident Case
If you or a loved one was injured in a motorcycle accident due to someone else’s negligence, we want to help. Contact our motorcycle accident attorneys in Slidell, LA, for a free consultation today.
We work on a contingency fee basis, so you will not be expected to pay any attorney’s fees unless we win you compensation.
