Motorcycle accidents can be devastating for the biker as well as their families. Because there is little protecting the motorcyclist from the force of the impact, the majority of injuries are more severe than those of car accidents.
The National Highway Traffic Safety Administration (NHTSA) reports that more than 80% of motorcycle accidents result in the injury or death of the biker. If you or a loved one suffered injuries in a motorcycle accident caused by negligence, you have the right to compensation.
Common Causes of Motorcycle Accidents
There are a number of ways the defendant can be found liable for causing your injuries. Some instances of negligent behavior our Baton Rouge personal injury attorneys have seen in motorcycle accident cases include:
- They turned their cars into your motorcycle: The NHTSA reports, 42% of accidents involving multiple vehicles are the result of a driver turning into a motorcycle.
- They changed lanes suddenly or drifted over the line: If a driver is not vigilant, it can be easy to overlook motorcyclists who are in their blind spot.
- They were impaired because of alcohol: According to the Insurance Information Institute, 5,172 motorcyclists died in 2017 because of crashes involving alcohol.
- The lane was split: This dangerous practice puts motorcycles in close proximity to other cars, which can be deadly if the car shifts too close to the motorcycle.
For a free legal consultation with a Motorcycle Accident lawyer serving Baton Rouge, call 800-537-8185
Louisiana Laws That May Impact a Motorcycle Accident Lawsuit
There are a few laws you should be aware of that could impact your claim to recover damages after a motorcycle accident in Baton Rouge or the surrounding area:
According to this law, if you are found somewhat responsible for the accident, your damages will be reduced by the degree to which you are responsible. If the courts find that you are 20% responsible for the incident, the amount you are awarded will be reduced by 20%.
A motorcycle accident lawyer will help you build a strong case to protect you against defense tactics used to allege that you were more responsible than you are.
Statute of Limitations
Unlike many states that allow a plaintiff two to five years to pursue compensation after a motorcycle accident, Louisiana’s statute of limitations has a one-year limit on the amount of time you have to file a lawsuit. In other words, you have one year from the date of your accident to file a claim against the negligent driver.
Baton Rouge Motorcycle Accident Lawyer Near Me 800-537-8185
Damages You Can Recover After a Motorcycle Accident
While every case is different, some damages our Baton Rouge motorcycle accident lawyers have been able to recover after motorcycle accidents include:
- Medical expenses
- Out-of-pocket costs
- Pain and suffering
- Lost wages
- Future wages
- Disfigurement or dismemberment
Damages You Can Recover After a Motorcycle Wrongful Death
If your family is pursuing a wrongful death claim because of the loss of a loved one, you may be entitled to:
- Funeral and burial costs
- Pain and suffering
- Benefits and wages previously provided by the deceased
- Medical expenses left to the family to recover
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Common Injuries Resulting From Motorcycle Accidents
Because motorcyclists do not have a car frame to protect them from an impact or stop them from being ejected, injuries from motorcycle accidents are generally more severe than those in car accidents. Some of the common injuries our Baton Rouge lawyers see include:
Traumatic Brain Injuries (TBIs)
A TBI can occur when someone experiences a sudden blow or jolt to the head, impacting the brain’s normal function. According to the Centers for Disease Control and Prevention (CDC), motor vehicle accidents cause 20% of all TBI-related hospitalizations. A head injury can have lasting consequences, from changed personality to coma.
If you suffered a TBI and have difficulty with hand-eye coordination, your personal injury lawyer will handle all communications and filing legal paperwork. We will represent you in trial and in settlement negotiations if you are bound to a bed.
Spinal Cord Injuries
A 2002 study analyzing injuries in motorcycle accidents found that of the 1,121 riders studied, 11% suffered from a spinal cord injury. Spinal cord injuries can cause numbness or tingling in the extremities, difficulty walking, or complete paralysis below the injury.
Motorcycle victims with spinal cord injuries can rely on their attorney to meet with insurance companies and negotiate for fair compensation on their behalf.
With nothing but clothing to protect you from the road during a motorcycle accident, road rash is a common injury in motorcycle crashes. While the severity of road rash can vary, in severe cases, it can remove multiple layers of skin and require skin grafting to treat and repair the area.
If you are bound to the hospital for treatment, a Morris Bart lawyer can begin totaling your damages and preparing for conversations with the defendant’s insurance company.
Proving Negligence in Motorcycle Accident Cases
According to the Louisiana State Legislature, in order to prove the defendant was negligent, the victim of the motorcycle accident (with the help of their lawyer) must prove:
- Duty: The other party owed you a duty of care
- Breach of duty: The other party failed to meet that duty
- Cause in fact: Had it not been for the other party’s failure, you would not have been injured
- Proximate cause: The other party’s failure caused your injury
- Damages: You have actually been injured and suffered some loss.
If you wish to recover from your damages and have the negligent party pay for it, you must prove they were behaving recklessly and that you were injured because of it.
Get Started by Calling Morris Bart for a Free Consultation
A Baton Rouge motorcycle accident lawyer at Morris Bart, LLC can help you pursue damages. To find out what options you have for recovering compensation for your injuries, we offer a free, no-risk consultation.
We can help you and your family explore what legal options you have for recovering compensation after a motorcycle accident. We also work on a contingency basis, which means if you retain our services, we are paid only if we are successful with your case.
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