Baton Rouge Motorcycle Accident Lawyer

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.