There are many ways that negligence is established in a motorcycle accident. Namely, the injured claimant will need to present evidence showing how the accident happened. Supporting information can include:
- The police report
- Photos of the accident scene, your injuries, and your vehicle’s damage
- Eyewitness testimony
- Traffic camera footage
- Statements from your medical team or an accident reconstruction specialist
Some forms of negligent driving, such as distracted driving, are easier to establish than others. Explicit acts of distracted driving (such as the operation of a portable electronic device) may make it easy to establish a negligent party. In these cases, legal teams will often reference cell phone records to identify a liable party and hold them to account for their actions.
Pursuing Recoverable Damages After a Motorcycle Accident
If you were involved in a motorcycle accident, your lawyer will defend your rights while building up a case to pursue any funds that you may be owed. Medical treatment costs and other expenses can be quite high after a motorcycle accident. If another party’s negligent behavior caused you or a loved one harm, you have the right to seek justice.
Motorcycle riders should employ increased caution when navigating the roads. However, many riders fail to engage in safe driving behaviors, instead choosing to speed and drive recklessly.
What to Expect from the Claims Process
In these cases, negligence is considered with measured care and attention. To establish a negligent party in a motorcycle accident, several parties will often investigate the incident in detail. This means that insurance agents, legal teams, and law enforcement are all likely to gather evidence and interview relevant parties as they strive to hold a liable party responsible for their actions.
When you are a victim affected by a motorcycle accident, these other parties often attempt to contact you to engage in negotiations and gather information about your role in the accident. These kinds of conversations are often stressful and difficult for victims. When you have a lawyer working on your side, they will take care of all necessary correspondence with other parties related to your case on your behalf.
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The Compensation You Could Recover
You may be eligible to receive financial compensation for both economic and non-economic damages, depending on the cause and severity of the accident. Some potential forms of payment that you may receive include coverage for the following:
- Past and future medical bills
- Tests, surgeries, and operations
- Property damage
- Lost income
- Loss of the ability to enjoy life
- Prescription medicine
- Assistive medical devices and equipment
- Physical therapy and rehabilitation treatments
- Psychological trauma
Proving How Your Motorcycle Accident Could Have Occurred
There are many ways your accident could have happened, and your legal team will commit themselves to proving how you were injured. For instance:
- The other party was intoxicated
- The other party was distracted (changing the radio, talking to passengers, texting, etc.)
- The road or intersection was not maintained (an animal was left in the road or the intersection was designed defectively)
- The other party was speeding
- The other party was driving recklessly or in an aggressive manner
If you can prove that another party’s negligence resulted in your damages, then you can pursue compensation for your losses, as affirmed by the American Bar Association (ABA).
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How Can a Lawyer Help Your Case?
When negligence is established in a motorcycle accident, it can be difficult to know how to proceed as a victim. These kinds of cases can quickly get complex, as they may involve several different parties, each with distinct interests. Trying to navigate the details of the legal system while also tending to personal injuries is no easy feat.
Our team is here to build a case that represents your position. In doing so, we will collect relevant pieces of evidence, identify a liable party, and file your lawsuit within the deadline set by Louisiana Civil Code (CC) §3492.
Proving Negligence
Negligence can take on many forms, so those investigating the accident will consider any potential causes. Insurance agents, legal teams, and law enforcement will all examine the accident in detail. Throughout this process, they will collect several forms of evidence that can contribute to the establishment of a liable party.
We will utilize the following to determine if one or more parties engaged in negligent behaviors that caused an accident:
- Cell phone records
- Photos
- Videos
- Witness reports
- Police records
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Call Our Attorneys Today
We will also fight to recover any forms of monetary compensation that you may be owed for your losses. To learn more about how a lawyer from our team can help you, call our office today at (337) 777-7777.
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