Louisiana Motorcycle Accident Lawyer
Motorcycle accident victims are often left with serious injuries. Without the shell of a car to protect you from injuries, you could face serious road rash injuries, broken bones, and more if another driver hits you. These damages can be serious – and the compensation you deserve can be very high.
If you were hit while riding a motorcycle in Louisiana, you deserve compassionate, professional representation. it may be difficult to convince the insurance companies to pay you the damages you deserve, and taking the other driver to court might be your best chance at getting all of your medical bills and other expenses covered.
Never accept a cent for your motorcycle accident claim without speaking to a lawyer first. the Louisiana motorcycle accident lawyers at Rice, Murtha & Psoras offer free case reviews to help you understand what your case is worth and how to proceed. Call us for your free case review at (225) 269-8930.
When Can You Sue for a Motorcycle Accident in Louisiana
Injury victims are entitled to sue the person who caused their injuries in many different types of cases. After a motorcycle accident, you can usually file a lawsuit against the driver who hit you with no restrictions.
While some states use no-fault laws that restrict when you can sue after a motor vehicle accident, Louisiana does not. This gives victims the right to sue even if the other driver has insurance that could cover their injuries. In many cases, when you file a lawsuit against an at-fault driver for a motorcycle crash, that driver’s insurance will provide them with a lawyer and pay damages, ensuring that there is money available to cover your injuries. However, if you do not carry insurance, Louisiana’s No Pay No Play rule can block you from being able to recover compensation.
Proving Fault in a Louisiana Motorcycle Accident Case
Before you can get compensation in either a lawsuit or an insurance claim, you have to prove that the driver who hit you was actually at fault for the crash. Many cases are difficult to prove or involve partial fault on both sides. Because of this, it is always vital to work with a Louisiana motorcycle accident attorney.
To meet the legal burden to prove the other driver is at fault, you need to make out 4 elements in your case:
- The driver who hit you owed you a duty, typically based on safe-driving principles and traffic laws.
- The driver breached that duty.
- The breach of duty caused your injuries.
- You suffered injuries and damages that you can claim in court.
If any one of these elements is missing, your case cannot proceed. For instance, if the driver did not actually violate any rules and the accident was, in fact, a pure accident, you might not be able to sue them. Additionally, if they did something wrong, but the accident was unavoidable anyway or their wrongdoing did not actually contribute to your injuries, you cannot prove they caused the crash. Moreover, without damages there is nothing to sue for, so you cannot sue for hypothetical or possible damages.
In many cases, courts can find that multiple drivers share fault in causing the crash. Your Louisiana motorcycle accident lawyer can bring claims against more than one driver if they each contributed to your crash. However, the court can also find you partially at fault. In Louisiana, this never blocks you from being able to sue for damages, but the damages you receive will be reduced by your share of fault. For example, if the court finds that your speeding made you 10% at fault for a $100,000 motorcycle accident case, you will recover only $90,000 from the at-fault driver(s).
When to Call a Louisiana Motorcycle Accident Attorney
As mentioned, you should always consult with a Louisiana motorcycle accident lawyer before accepting any money for your motorcycle accident case. In many cases where insurance companies or at-fault drivers offer to pay you for your injuries, that functions as a settlement. Settlements typically end a case and involve an agreement to stop pursuing additional damages and claims. If you settle your case, you may be stuck with the money you received, unable to go back to court later for additional damages.
A settlement is okay when it is high enough to cover your damages. However, insurance companies often try to keep settlement amounts low. This saves them money but prevents victims from getting the full value of their case.
When you work with an experienced Louisiana motorcycle accident attorney, your lawyer can fight to make sure any settlement offers you accept are “worth it.” This means negotiating settlements with the insurance company and making sure they account for certain damages you could otherwise miss out on. Your lawyer can also press the case in court and take the defendant and their insurance company to trial if they refuse to cooperate. Then, the damages will be in the jury’s hands.
Common Injuries in Motorcycle Crashes in Louisiana
It is very important to speak with a Louisiana motorcycle accident attorney any time you face injuries in a motorcycle crash. These cases are the most serious type of accident case, and any injuries can increase the value of your case. This, in turn, makes insurance companies more reluctant to pay the full value.
The following are some of the most common serious injuries in motorcycle accidents in Louisiana:
- Broken bones
- “Road rash” abrasions
- Back injuries
- Cuts and scrapes
- Neck injuries
- Punctured lungs
- Internal injuries and internal bleeding
- Head and brain injuries
- Traumatic amputation
- Spinal cord damage and paralysis
If you have any of these injuries, seek medical treatment and then call an attorney for legal help.
Call Our Louisiana Motorcycle Injury Attorneys Today
If you faced serious injuries in a motorcycle accident in Louisiana, contact Rice, Murtha & Psoras today. Our Louisiana motorcycle accident attorneys offer free case reviews. Call us at (225) 269-8930.