If you were involved in an accident caused by lane splitting, the fault for the collision belongs to the negligent driver. In most states across the country, lane splitting is illegal, which might result in each involved vehicle and motorcycle driver bearing partial responsibility for the accident.
National Highway Traffic Safety Administration (NHTSA) data defines lane splitting, also called lane sharing, as the act of a motorcyclist riding between two cars in parallel lanes. If you or someone you love was injured and sustained property damage in a motorcycle collision, you might be entitled to financial compensation.
Defining fault, liability, and the value of your potential lawsuit can be complex and confusing. A lawyer in your area might be able to help you determine who is at fault in a lane splitting accident, whether you might be entitled to compensation, and how Louisiana’s comparative negligence might impact that compensation.
Understand How Louisiana Defines Comparative Negligence
Comparative negligence laws have the potential to negatively impact your lawsuit. According to Louisiana Civil Code (CC) §2323, if the injured party in a personal injury action is partially at fault for the cause of their injuries, any compensation they might be awarded is at risk of reduction.
In a personal injury, wrongful death, or property loss action, the amount of monetary recovery the plaintiff (the injured party) is awarded will be reduced by the degree of fault assigned to them. For example, if you were found to bear 10% of the fault for the accident, your financial award will be reduced by a corresponding 10%. Your lawyer can explain the comparative negligence law and its potential impact on your financial award.
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A Personal Injury Lawyer Can Help You Assess Your Financial Damages
The financial implications of a vehicle versus motorcycle collision can be extensive. If you qualify to recover the expenses and losses of the accident, your lawyer may help you determine your right to these recoverable damages:
- Injury-related medical costs
- Injury-related loss of income
- Property damage or loss
- Physical disfigurement
- Physical disability
- Pain and suffering
- Mental distress
- Emotional fatigue
- Applicable funeral expenses
- Applicable burial expenses
When you are ready to pursue financial compensation, your lawyer can help you assess and evaluate your possible compensation. Your lawyer may also be able to help you avoid reducing the compensation you are entitled to because of Louisiana’s comparative negligence laws.
Frequently Reported Motorcycle Accident Injuries
Vehicle and motorcycle drivers and passengers might sustain serious injuries in a collision. Possible physical damage might include:
- Head and neck trauma like a concussion, whiplash, and traumatic brain injury (TBI)
- Chest and abdomen trauma like broken ribs and internal injuries
- Limb and extremity injuries like broken bones, fractures, and amputations
The previous and ongoing health care you receive as the result of a lane splitting accident might be recoverable. A lawyer may help you file a personal injury lawsuit for the financial expenses and losses that stem from the accident. If a family member was fatally injured in the Lafayette accident, you might qualify to file a wrongful death lawsuit for compensation.
Focus on Recovering from Your Accident Injuries
When a personal injury lawyer represents you in your pursuit of financial compensation, they may have a team of individuals and resources to help build your lawsuit. Your legal team may also:
- Obtain and scrutinize your crash report for evidence
- Compile evidence to create a strong case file
- Locate and interview any accident witnesses
- Review your medical records and reports for costs
- Calculate and assess your salary and job history
You do not have to gather the required documents and evidence or seek financial recovery from the at-fault party on your own. Your lawyer can also help you obtain your crash report, medical records, and medical bills. In addition to the list above, the personal injury team you select to represent you might be able to offer additional assistance.
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Seek Compensation After a Lane Splitting Accident
After a vehicle versus motorcycle accident, your lawyer might be able to help you define who is at fault in a lane splitting accident and determine the steps you can take to seek financial recovery. Find out how hard our legal team fights for financial compensation for injured clients.
Concentrate on making a maximum physical recovery. Our team will concentrate on reaching the best possible financial outcome for you. When you are ready to file a personal injury lawsuit, contact the client intake team at Laborde Earles Injury Lawyers by calling (504) 777-7777 today.