Baton Rouge Motorcycle Accident Lawyer
Thousands of motorcycle accidents occur in the U.S. on an annual basis, often resulting in severe injuries and incredible medical costs. Tragically, many people die from the injuries they sustain in a motorcycle accident, leaving behind emotionally and financially distressed loved ones. The situation is often worse if a negligent driver is to blame. If this is what you’re currently experiencing, you have grounds to hire an experienced motorcycle accident attorney at our law firm. We can help you seek compensation for your damages.
The Law Offices of Ossie Brown is a top notch criminal defense and personal injury law firm in Baton Rouge, LA. We have what it takes to successfully litigate motorcycle accident claims. But if you’re not interested in filing a lawsuit against the at-fault driver, we can also help you obtain a fair settlement from insurance claims. Call us today at 225-343-1111 to schedule a free consultation.
How Many Motorcycle Accidents Happen in the U.S. Every Year?
According to data from the Insurance Information Institute (III), 83,000 motorcycle accident injuries and 5,579 motorcycle accident fatalities occurred in 2020 alone.
Why are Motorcycle Accidents So Deadly?
Motorcycles may only represent 3% of all registered vehicles in our country, but in 2020, they accounted for approximately 14% of all fatal crashes and 18% of all vehicle occupant deaths according to data from the National Safety Council (NSC). Why is that?
Motorcycle accidents – similar to pedestrian and bicycle accidents – are extremely deadly because there is virtually no protection surrounding the rider. There are no airbags, no seatbelts, and no metal casing. Sometimes, you will even see motorcycle riders cruising around with no helmet or leather clothing. This puts them at an even higher risk of suffering serious injuries during a motorcycle crash.
So if a motorcycle rider gets into a motor vehicle accident, they have incredibly high risks of being ejected from their seat and hitting the concrete (or even another car) at high speeds. If they’re not wearing protective gear like a helmet or leather clothing, they may suffer severe head trauma and road rash, both of which can be fatal.
Common Causes of Motorcycle Accidents
The most common causes of motorcycle accidents include:
- Lane splitting, which is when motorcycle riders cruise in the middle of two lanes
- Weaving in between traffic lanes at high speeds
- Intoxicated driving (the NSC states that alcohol was involved in more than 27% of motorcycle crashes in 2020)
- Unsafe road conditions
- Sudden stops in traffic
- Distracted driving
- Unsafe left turns
- Riding in blind spots
- Driver inexperience
- Poor weather conditions
- Defective motorcycles or defective motorcycle parts
What are Common Motorcycle Accident Injuries?
As previously stated, motorcycle riders have a high risk of suffering catastrophic injuries in a serious accident due to the open nature of the vehicle. Listed below are the most common types of injuries that motorcycle accident victims suffer in a personal injury case.
- Traumatic brain injuries (TBI)
- Skull and facial fractures
- Broken or missing teeth
- Eye damage and/or vision loss
- Spinal cord injuries
- Partial or complete paralysis
- Nerve damage
- Permanent scarring, disfigurement, and disability
- Broken bones
- Joint dislocations
- Muscle strains and sprains
- Limb and digit amputations
- Severe road rash, bruising, and lacerations
If you suffered one or more of these injuries in a serious motorcycle accident, then you have grounds to seek compensation through a motorcycle accident claim.
Most people who suffer a motorcycle accident injury require extensive medical treatment. When the motorcycle accident victim eventually recovers enough to go home and resume their normal life, they have thousands of dollars of medical expenses and lost wages hanging over their heads. Large amounts of debt like this can cause lifelong emotional and financial distress. A motorcycle accident lawyer at The Law Offices of Ossie Brown may be able to take this debt off your plate by helping you recover compensation from a motorcycle accident case.
Can I File a Wrongful Death Lawsuit for a Motorcycle Accident?
Tragically, many motorcycle accident riders don’t survive car accidents; they die at the accident scene. In cases like this, family members left behind certainly have grounds to file a wrongful death lawsuit instead of a personal injury lawsuit.
Wrongful death cases serve the same goal as personal injury cases in that they can restore the victim’s life to their pre-accident state, financially at least. Obviously, no amount of money can bring back the deceased person. But a wrongful death lawsuit can allow surviving family members to pay off the medical bills and lost wages associated with their loved one’s death. That way, they can focus on grieving and not their financial struggles associated with the motorcycle accident. Grieving family members can recover compensation for pain and suffering as well.
Experienced motorcycle accident lawyers at the Law Offices of Ossie Brown empathize with the victims and family members affected by a car accident. We will do everything we can to support you during this impossible time, even if that means filing a wrongful death claim on your loved one’s behalf.
Determining Fault in a Motorcycle Accident Case
Determining fault is crucial in recovering fair compensation in a motorcycle accident lawsuit. The best way to do this through the four elements of negligence:
- Duty of Care: Every single driver on the roads owes each other a specific duty of care. In other words, all drivers must keep each other safe by following traffic laws and staying focused and sober.
- Breached Duty of Care: The at-fault party breached this duty of care by failing to drive safely.
- Causation: The breached duty of care directly caused the motorcycle crash.
- Damages: The accident victim suffered a variety of damages related to the crash for which they deserve fair compensation.
In order to prove these elements of negligence in a motorcycle accident claim, you need to seek legal counsel. A Baton Rouge personal injury lawyer at our law firm will gather all the important evidence related to the auto accident – including accident reports, medical records, surveillance camera footage, witness statements, etc. – in order to determine fault and fight for the justice of the injured party.
Is Louisiana an At-Fault State?
Yes, Louisiana is an at-fault state, and this is really important to remember when it comes to proving fault in motorcycle accident claims. This means that if someone causes an accident, they must pay for the victim’s damages through their own insurance company.
The average insurance claim is unlikely to provide enough coverage for the medical bills and lost wages associated with a serious motorcycle accident, though. Victims in severe motorcycle accident cases may have to go as far as filing a personal injury claim to receive enough compensation from the negligent party.
Louisiana Comparative Fault Laws
Louisiana also follows a pure comparative fault rule when it comes to motorcycle accidents (and all other types of motor vehicle accidents). This means that your insurance company settlement will be reduced by your share of fault in the accident (according to Louisiana law). So if evidence proves that you are at least 20% at fault for the motorcycle accident, then your settlement amount will be reduced by 20%.
Damages for a Motorcycle Accident
Baton Rouge motorcycle accident attorneys can help you recover compensation for the damages below if you do decide to sue the at-fault party.
- Past and future medical bills
- Past and future physical therapy bills
- Caregiving expenses, if the victim becomes disabled and needs round-the-clock care
- Lost wages
- Loss of earning capacity if the victim’s disability prevents them from accomplishing the same job duties as before their accident
- Permanent scarring, disfigurement, and disability
- Loss of enjoyment of life
- Loss of consortium
- Physical pain and suffering
- Emotional distress
- Counseling expenses
- Legal fees
- Property damage
- Funeral and burial expenses, if the accident resulted in wrongful death
Motorcycle Safety Tips
Baton Rouge personal injury lawyers see the consequences of motorcycle accidents on a first hand basis. We know how devastating they can be, which is why it’s important to prioritize your safety on the roads.
- Always Wear Protective Gear: It’s hot in Louisiana, we all know this. The heat often deters motorcycle riders from wearing helmets and protective clothing. But not wearing a helmet (at the very least) is just as dangerous as not wearing a seat belt, if not more so. Always protect yourself because you could save your own life.
- Follow All Traffic Rules: It’s difficult for cars and trucks to see motorcycles in their blind spots. So the people in these vehicles may not be able to see you if you’re riding in between lanes or weaving in and out of lanes. Cruising down the road at an excessive speed can also be life-threatening. It’s crucial for everyone, including motorcycle riders, to follow the rules of the roads for the sake of their own safety.
- Make Yourself as Visible As Possible: As previously stated, motorcyclists can easily get lost in blind spots. This issue becomes even worse at night or during poor weather. Always make yourself as visible as possible with reflective clothing and with lights on your bike.
- Keep a Safe Distance From Other Vehicles: Motorcyclists are very exposed on the roads. If you crash into someone – or someone crashes into you – you have absolutely no protection. That means you need to stay as far away from others as possible. That way if someone suddenly stops or swerves, you may not get hit.
Call a Baton Rouge Motorcycle Accident Lawyer at the Law Offices of Ossie Brown TodayIf you were catastrophically injured in a motorcycle accident, you need to hire strong legal representation. We are a top-notch criminal defense and personal injury law firm in Baton Rouge. A motorcycle accident attorney at the Law Offices of Ossie Brown can help you file a claim, walk you through the whole legal process, and get you the compensation you deserve. Even if you aren’t interested in filing a motorcycle accident claim against the negligent party, we can still help you negotiate with insurance companies so that you can receive a fair settlement that way. Contact a motorcycle accident attorney at 225-343-1111 today to schedule a free case evaluation.
Let us review your case at no cost to you. We want to take the time to get to know you and understand your legal goals and objectives.
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The attorneys at The Law Offices of Ossie Brown are skilled in several practice areas and ready to discuss your case. Contact us today to schedule your free consultation.