Motorcyclists riding along Louisiana’s roads are more likely to suffer severe injuries if they get into an accident. This is because they have no external shield other than their protective gear. Without airbags, seat belts, or a surrounding steel frame, riders are frequently ejected from their bikes and sustain life-altering bodily damage, such as broken bones, lacerations, road rash, and organ damage.
Among the most common life-threatening injuries motorcyclists sustain are traumatic brain injuries (TBIs). TBIs range from mild to severe, the most catastrophic resulting in permanent brain damage and multiple physical and cognitive impairments. If you suffered a TBI from a traffic accident, you might be entitled to compensation for your injury. Contact Laborde Earles Injury Lawyers to learn more about your legal rights and options.
What Are Traumatic Brain Injuries?
A traumatic brain injury (TBI) typically occurs from an abrupt jolt to the head or body. This can cause a wide range of short- and long-term effects that vary depending on the injury site and severity of the damage.
Mild TBIs, or concussions, are commonly associated with headache, dizziness, confusion, and temporary unconsciousness. Severe TBIs, on the other hand, can cause more severe effects, such as coma, vegetative state, and death.
Some of the most common effects of TBI include:
- Headaches, dizziness, fatigue, blurred vision, seizures, nausea, and vomiting.
- Cognitive effects, including impaired concentration, memory recall, information processing, and problem-solving.
- Psychological issues, including emotional changes, such as irritability, aggression, depression, anxiety, and mood swings.
- Communication difficulties, including language, speech, and social skills issues.
- Sleep disturbances, including difficulty falling asleep or staying asleep.
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Can You Sustain a TBI While Wearing a Helmet?
Helmets are vital components of motorcycle safety gear, and they do save lives. Louisiana law requires that any person who operates or rides on a motorcycle is wearing “a safety helmet of the type and design manufactured for use by operators of such vehicles, which shall be secured properly with a chin strap while the vehicle is in motion.”
According to the National Highway Transportation Safety Administration (NHTSA), motorcycle helmets are about 27% effective at preventing a TBI. Moreover, wearing a helmet significantly reduces the risk of receiving a brain injury but does not eliminate the possibility that one will occur.
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What Steps Do You Need to Take to Pursue Compensation for a TBI?
Although you are not required to have legal representation to pursue damages, consulting with an attorney who can evaluate your case and provide some guidance may be beneficial. Typical steps involved in the process of seeking compensation include the following:
- Gather evidence: You or your lawyer will need to collect as much supporting evidence as possible to prove liability on the part of another party. This may include accident reports, eyewitness statements, accident scene photos, and medical records.
- Notify your insurance company: You or your attorney must report the accident to your insurance company and provide it with the evidence gathered. This will allow the company to investigate the accident and determine who was at fault.
- File an insurance claim: Because Louisiana is an at-fault state, you or your attorney will file a claim with the liable driver’s insurer and request compensation. Provide the company with the evidence you have gathered to support your claim.
- Negotiate a settlement: The insurance company may offer you a settlement that may or may not cover your damages and losses. You can attempt to negotiate with them to ensure you receive fair compensation for your injuries, property damage, and other losses. If negotiating a settlement with the insurance company has become challenging or it denies your claim, you can hire a personal injury lawyer to help you.
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How Do You Prove the Other Party Is Liable for Your TBI and Related Losses?
Motorcyclists who suffer TBIs or other injuries in auto accidents due to another driver’s negligence may be able to receive compensation through insurance coverage or lawsuits. Proving negligence requires demonstrating that the liable party owed you a duty of care and failed to honor that duty. As a result, their actions directly or proximately caused your injury and losses.
Negligent acts committed by other drivers commonly include traffic violations such as speeding, failing to yield, driving distracted, etc. Moreover, if the other driver made a careless mistake or displayed willful disregard for others’ safety, this is evidence of negligence. Therefore, they may be at fault and liable for any accident-related damages.
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What Compensation Can You Receive for a TBI?
The compensation you pursue for an accident-related TBI will be based on expenses and quality of life losses you’ve suffered. These may include the following:
- Medical bills for emergency care, surgery, hospital stays, doctor’s visits, prescription medication, etc.
- Mental health care for psychiatric issues emerging from the accident, such as anxiety or post-traumatic stress disorder
- Past and future lost income for the time off from work during recovery
- Diminished earning capacity if you cannot make the same income as you did before due to your injuries and impairments
- Physical and emotional anguish you’ve experienced
- Loss of enjoyment and quality of life
All motor vehicle accident victims in Louisiana, including motorcyclists, have one year from the date they suffered injuries to file an injury case, per CC Art. 3492. If you do not file your lawsuit before the deadline ends, you may not be able to pursue compensation for your losses in the future.
Call Laborde Earles Injury Lawyers Today After a Motorcycle Accident
Traumatic brain injuries can be life-changing, and those related to motorcycle accidents are often among the most severe. You should not have to struggle to pay for damages you’ve sustained due to the fault of another driver. Contact Laborde Earles Injury Lawyers today for a free consultation and learn more about our commitment to fighting for the rights of motorcyclists and other motorists.
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