Louisiana Motorcycle Accident Lawyer

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Louisiana Motorcycle Accident Lawyer

Motorcycles are popular throughout Louisiana, but it is vital for all riders to understand that even the most cautious and experienced riders face severe safety risks on the road. When motorcycle accidents happen, the resulting injuries can be catastrophic or fatal, and an injured victim faces a long and difficult road to recovering their losses. A Louisiana motorcycle accident lawyer is an invaluable asset for anyone in this situation.

Representing Motorcycle Accident Victims

The Murphy Law Firm offers client-focused legal representation for all types of vehicle accident claims in Louisiana, including motorcycle accidents. From our office in Baton Rouge, we represent injured clients throughout the entire state. If you are unable to come to us after your accident, we can come to you to help you develop a cohesive legal strategy that aims for maximum recovery of your damages.

Our firm has years of professional experience representing victims of all types of motor vehicle accidents. We know the unique issues that motorcycle accidents can raise for injured victims and their families and how to help our clients fully recover. Your recovery from a motorcycle accident will begin with proving fault for the accident, showing how it happened and identifying the party or parties responsible.

Once we have helped our client prove fault for their motorcycle accident, we can assist them in filing an auto insurance claim against the at-fault driver. This process may seem straightforward at first, but many injured claimants encounter unexpected challenges in their interactions with insurance carriers. We know how to help you maximize your insurance claim settlement and resolve any disputes that might be raised against your claim.

If you need to file a personal injury suit to recover your losses, we can guide you through each step of this process, from gathering the evidence and witness testimony that you may need to firmly establish liability for the accident to help you reveal every type of compensation you are legally owed. You can rely on our firm for comprehensive legal support through all stages of your case.

Unique Risk Factors for Motorcycles

Motorcycles lack many of the basic safety features found in enclosed passenger cars. They do not have seatbelts, airbags, or crash-absorbing frames designed to protect occupants inside of the vehicle. When a motorcycle accident happens, the bike offers the rider very little to no physical protection from crash impact forces. The rider is likely to suffer severe injuries from impact as well as the force of hitting the ground.

State law requires all motorcycle riders to wear appropriate helmets, but even the highest-quality helmets and protective gear can only mitigate injuries, not prevent them entirely. In addition to the severity of injuries that a rider faces in an accident, they are also less visible on the road than other vehicles. This leaves motorcyclists highly vulnerable in periods of low light, poor visibility, and congested traffic.

Proving Liability for a Motorcycle Accident

The first step in recovering from any motor vehicle accident is proving fault for the accident. The state enforces the fault rule for resolving all vehicle accident cases, meaning an injured driver must identify the party who caused their accident and prove how they caused it before they can recover any compensation for their losses. This will be more challenging in some cases than others based on the exact details of the incident.

Your Louisiana motorcycle accident lawyer can help you gather various forms of evidence to prove exactly how your accident happened. This evidence could include recordings from traffic cameras positioned around the scene of the crash, cell phone records from the drivers involved in the accident, vehicle computer data, and photos of the accident immediately after it happened. Witness testimony from those who saw the accident happen could also prove invaluable.

Motorcycle accidents can happen from the same causes as all other accidents, but when they do occur, they tend to have more devastating results. Driver negligence is the most commonly cited cause of vehicle accidents in the state, and this can take many forms. Distracted driving, speeding, moving violations, and failure to address vehicle maintenance issues are just a few of the most common examples of driver negligence reported throughout the state each year.

These accidents can also happen if drivers break the law. The most common example of how this can occur is intoxicated driving. It is illegal for any driver to operate a vehicle under the influence of drugs and/or alcohol, but this remains one of the most commonly prosecuted criminal offenses in the state. If your accident resulted from illegal misconduct, it could influence your recovery in various ways.

Ultimately, proving fault is an essential first step in your recovery. You will need to prove fault for your motorcycle accident before you can obtain any compensation for your damages. The Murphy Law Firm excels at resolving difficult accident claims, so trust our team to help you build a strong foundation for your case.

Filing an Auto Insurance Claim After a Motorcycle Accident

Every driver in the state is required to have auto insurance that meets the state’s minimum coverage requirements. Additionally, the state’s No Pay, No Play rule forces drivers to purchase auto insurance or else they lose the ability to claim certain amounts of compensation if they are injured in accidents. It is crucial to ensure your auto insurance policy meets applicable coverage requirements.

When a driver causes an accident in the state, their insurance policy will pay for the resulting damages to the other driver. The injured driver will need to firmly establish fault for the accident before the insurance company will be willing to pay. However, it is important for an injured claimant to anticipate the insurance company will fight back against the claim in whatever way they can. Insurance companies will also look for all the ways they can find to deny a claim if possible.

Your Louisiana motorcycle accident lawyer can help you gather the documentation you will need to submit to the insurance company so they can process your claim. If any disputes are raised, your attorney will know how to address these issues and ensure your claim is handled fairly. Once you receive a settlement offer, your attorney can verify whether it is fair and reasonable under the terms of the policy.

Building a Personal Injury Claim for a Motorcycle Accident

When insurance will not fully cover your damages after a motorcycle accident, a personal injury suit can enable you to recover compensation for your outstanding damages. The goal of every personal injury claim is for the injured party to prove liability for their damages and hold the responsible party or parties accountable for these losses. The compensation the plaintiff receives is meant to make them whole again after being harmed by another party.

Success with a personal injury claim will require proving that the defendant is responsible for the damages cited in the claim based on a preponderance of the evidence, meaning
they are more likely than not responsible for the damages cited in the claim. In the event that more than one party is liable for the accident, fault percentages will be assigned to each liable party in proportion to their level of responsibility for causing the accident.

If the plaintiff can successfully prove liability for the accident, they can hold the defendant liable for all resulting economic and non-economic damages they sustained because of the defendant’s actions. Economic damages include direct financial losses that can be proven with the appropriate documentation. Non-economic damages are more subjective, and a plaintiff will require an attorney’s help to assess appropriate amounts to claim for these losses.

The economic damages a plaintiff may be able to recover from a successful personal injury claim can include:

  • Medical expenses. The victim of a motorcycle accident could suffer severe life-changing injuries. The party responsible for causing these injuries will be liable for all of the victim’s medical expenses, including the cost of any future ongoing care they may require to fully rehabilitate from their injuries.
  • Property damage. The injured rider can seek compensation for vehicle repair or replacement costs. Any property losses that cannot be recovered with an insurance claim can be sought as economic damages in a personal injury suit.
  • Lost wages. The victim of a motorcycle accident may not be able to work while they recover from their injuries. In this situation, the defendant is liable for the income the victim is unable to earn during this time. Additionally, if the victim’s future earning capacity has been negatively impacted by the accident, the defendant is also responsible for their lost future income.

You may be able to assess immediately noticeable economic damages like your vehicle repair costs and your hospital bills following a motorcycle accident, but accurate calculation of your long-term economic losses will be challenging without an experienced attorney’s help. Additionally, your attorney can help you determine an appropriate amount of compensation to seek for your non-economic damages.

Non-economic damages are not easily proven, as these include intangible losses like physical pain, emotional distress, and psychological trauma. Louisiana does not set any limits on pain and suffering compensation in motorcycle accident cases, nor are plaintiffs required to use a specific formula to calculate how much they can seek from the defendants who injured them.

The amount of pain and suffering compensation you seek with your claim should reflect the overall severity of the harm you suffered and the scope of the long-term or permanent complications you are likely to face because of the accident. The right Louisiana motorcycle accident lawyer can help their client maximize the pain and suffering compensation they win from the defendant.

If your motorcycle accident resulted from illegal misconduct of any kind, it could influence your recovery in several ways. While it may take longer for you to resolve your civil case, you could be awarded punitive damages in addition to your other compensation to reflect the defendant’s illegal behavior. In their criminal case, they may be ordered to pay you restitution as an element of their punishment.

Ultimately, you may be legally entitled to claim more compensation than you initially expected, but you will need a seasoned Louisiana motorcycle accident lawyer on your side to have the greatest chance of maximizing your case award. You have a relatively short window of time in which to file a personal injury suit after your accident, so it is vital that you connect with a trustworthy attorney as quickly as possible.

What to Expect From Your Louisiana Motorcycle Accident Lawyer

The Murphy Law Firm has years of professional experience representing the victims of all types of vehicle accidents, and we know all the unique legal issues that the victim of a motorcycle accident is likely to face in the aftermath of this type of incident. Our goal for every client we represent is to provide the responsive and results-driven legal counsel they need on their side to approach all of their recovery efforts with confidence and peace of mind.

Our team will work closely with you from the outset of your case to help you prove liability for your motorcycle accident, prove the extent of your claimable damages, and determine your most viable path to the fullest possible recovery. As soon as you secure our firm’s representation, we can immediately begin our investigation into your motorcycle accident, gathering the evidence you will need to firmly establish liability for your damages.

When it comes to the legal efforts you must pursue to secure compensation for your losses, trust our team to guide you through the insurance claim filing process and resolve any disputes you encounter with the insurance carrier’s representatives. After you receive your settlement offer, we can then determine whether further legal recourse will be required for you to fully recover all your claimable damages.

FAQs

Q: How Long Do I Have to File a Personal Injury Claim for a Motorcycle Accident?

A: In Louisiana, you have one year in which to file a personal injury claim for a motorcycle accident. The statute of limitations for most personal injury claims begins on the date an injury occurs, and if the plaintiff does not file their claim within this time limit, they will lose their chance to recover compensation with a personal injury suit. It is advisable to start your claim filing process as soon as you can to ensure you meet this deadline.

Q: How Do I Prove Fault for a Motorcycle Accident?

A: Proving fault for a motorcycle accident is likely to require multiple forms of evidence along with witness testimony from those who saw the accident happen. Evidence you may need to prove fault could include the other driver’s cell phone records, recordings from nearby traffic cameras around the scene of the crash, and photos of the accident scene. Your attorney may also seek to arrange for expert witness testimony to support your case.

Q: What Happens if I Share the Fault for My Motorcycle Accident?

A: If you are found to share fault for your motorcycle accident in Louisiana, it will be reflected under the state’s pure comparative fault statute. You will have a fault percentage assigned to you to reflect your level of liability for the accident. If you succeed with your personal injury claim, you will then lose a percentage of your case award equal to your fault percentage, and you will keep the remainder.

Q: What Is My Motorcycle Accident Claim Worth?

A: The potential value of your motorcycle accident claim in the state will depend on the nature and severity of your damages. If you are able to prove that another party is liable for the accident, you can hold them accountable for all of the economic damages you suffered because of their actions, as well as your pain and suffering. Your Louisiana motorcycle accident lawyer can help you accurately calculate the total potential value of your claim.

Q: Why Should I Hire a Louisiana Motorcycle Accident Lawyer?

A: You should hire a Louisiana motorcycle accident lawyer because you are significantly more likely to succeed with your recovery efforts if you have legal representation on your side. The right attorney can help you make more informed decisions about the direction of your case, assist you with obtaining compensation for your damages through an auto insurance claim, and help you build a personal injury suit when insurance does not fully cover your damages.

The team at the Murphy Law Firm has successfully represented many motorcycle accident victims throughout the state, and we know the various legal challenges you might face in the aftermath of such an incident. Our goal is to help you recover from the incident as fully as possible, and it’s vital to start your recovery efforts quickly. Contact us today to schedule your free consultation with a Louisiana motorcycle accident lawyer to learn how we can help.

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