According to the National Highway Traffic Safety Administration (NHTSA), more than 80% of motorcycle accidents result in injury or death for the motorcyclist. If you or someone you love has sustained injuries or died because of someone else’s negligence in a motorcycle accident, you have the right to hold that person responsible for their actions.
A Lafayette motorcycle accident attorney from Morris Bart, LLC can help you explore what options you have for recovering compensation for your losses, and the consultation is free. Our team has worked on many motorcycle accident cases, and we are proud of our results.
Can I Sue for a Motorcycle Accident?
When someone is on the road, they legally owe other drivers a certain standard of care. When they breach that standard of care, they’re considered negligent. If they’re involved in an accident because of that negligence, then they’re at fault for the crash.
In order to get compensation for damages from an accident, you need to prove to your insurance company or the court that the other party was at fault. A Lafayette personal injury attorney can gather evidence and testimonies that show you to be the victim of negligence.
For a free legal consultation with a Motorcycle Accident lawyer serving Lafayette, call 800-537-8185
Common Causes of Motorcycle Accidents
Some of the most common causes of motorcycle accidents involving negligent drivers are:
According to the NHTSA , 42% of multi-vehicle crashes are the result of other drivers turning into the path of a motorcycle. A turning car may strike a motorcycle that is passing the car or going straight through an intersection as the vehicle makes a turn.
When motorcyclists are in a driver’s blind spot, drivers can easily overlook the motorcyclist. This mistake can create a dangerous situation if the driver decides to change lanes and moves toward the bike without warning.
Lane splitting is the practice of passing between lanes of stopped or slow-moving cars. While not permitted across much of the U.S., it still frequently occurs. It often causes accidents because of the reduced space a motorcyclist has to maneuver and the close proximity between the car and motorcyclist.
The Insurance Information Institute reports 5,172 motorcyclists died in alcohol-impaired crashes in 2017. These include accidents where the motorcyclist or the driver was operating a moving vehicle with a blood alcohol concentration (BAC) of 0.08%.
Lafayette Motorcycle Accident Lawyer Near Me 800-537-8185
Common Injuries After a Motorcycle Accident
There are a wide variety of injuries that can occur in a motorcycle accident, including:
Road rash is a skin abrasion that occurs when you scrape your skin against something rough. While this type of injury is common and usually minor, in serious cases such as those involving motorcycle accidents the road rash can take off multiple layers of skin and require skin grafting surgery.
Traumatic Brain Injuries (TBIs) and Other Head Injuries
A TBI is a brain injury caused by a blow to the head. In severe cases, the victim may experience a skull fracture, although this is not always the case. According to the Centers for Disease Control and Prevention (CDC), motor vehicle accidents are responsible for 20% of all TBI-related hospitalizations.
After a TBI, the victim may experience only a headache and disorientation in mild cases. In severe cases, though, it can cause long-lasting unconsciousness and even permanent disability.
Broken bones are common in motorcycle accidents. These injuries can be extremely painful and typically require surgery and long periods for healing. Depending on the nature of the break, they can be extremely serious, such as when the bone shatters or breaks through the skin.
Spinal Cord Injuries
Spinal cord injuries often occur in motorcycle accidents because there is nothing to protect the rider against impact in a collision. Motorcyclists are often ejected from the motorcycle, causing the rider to strike objects in their path as well as the ground. These injuries can cause numbness or tingling in the extremities, difficulty walking, or complete, and paralysis.
These are just a few of the possible injuries that you could have sustained in a motorcycle accident. If you received one of these injuries or something else as a result of an accident with a negligent driver, you may be able to recover damages for your losses.
Recoverable Damages After a Motorcycle Crash
There are a number of damages that motorcyclists may be able to recover if involved in an accident with a negligent driver. While a Lafayette motorcycle accident attorney cannot estimate the damages you may be able to recover without first reviewing the details of your case, some common types of damages include:
- Medical costs
- Lost wages
- Pain and suffering
- Disfigurement or dismemberment
- Out-of-pocket expenses
- Property damage
- Emotional distress
If your loved one died in a motorcycle accident, you may be entitled to:
- Funeral and burial costs
- Benefits and wages previously provided by the deceased
- Pain and suffering
- Loss of consortium
- Medical expenses left to the family
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How Long Do I Have to File My Claim?
The statute of limitations for Louisiana is one year. Unlike other states that have statutes of three to five years, you must file your claim within one year of the date of your accident, or the courts could bar you from recovering compensation.
What Happens if I’m Partially at Fault for My Accident?
According to comparative fault, or comparative negligence, if the courts find you are somewhat responsible for the wreck, they could reduce your award by the degree to which you were at fault. In other words, if you are 40% responsible for the accident, your award will be 40% less.
A Lafayette motorcycle accident lawyer can help build a strong case to defend you against defense tactics alleging that you are more responsible than you are.
Contact a Lafayette Motorcycle Accident Lawyer Today
A motorcycle accident lawyer serving Lafayette can help build a strong case to pursue compensation to the fullest extent of your injuries. To find out what options you have to recover your losses after a motorcycle accident, contact us at Morris Bart, LLC today.
We understand that the aftermath of a motorcycle wreck is a difficult time. We will be the trusted partners who will help you get through it.
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