The benefits of riding a motorcycle are great. Riders enjoy better gas mileage, lower maintenance costs, and the fun of unencumbered riding. They also face more danger on the roads than any other form of vehicle operator. It is vitally important that if you are involved in a motorcycle accident, you contact an experienced Lafayette motorcycle accident attorney in to ensure your legal rights are protected. The hazards that motorcyclists face are increased by the open nature of a motorcycle’s construction, its narrow profile, and its instability. The lawyers at Brandt & Sherman, LLP have extensive successful experience handling all types of auto accident cases, including motorcycle accidents.
In 2013, 88,000 motorcyclists were injured and almost 5,000 died, nationally. Motorcycles are fun, but they don’t provide much protection in the event of an accident.
Here are some causes of motorcycle accidents in Lafayette:
- Poor weather and road conditions
- Other cars failing to see a motorcycle
- Drunk Driving
- Failure to follow traffic rules
- Defects in the motorcycle
Motorcyclists who follow the rules of the road and are involved in an accident will likely suffer injuries. The expenses associated with recovering from motorcycle injuries often extend beyond medical care. A motorcyclist may lose wages, be permanently disabled, or face a loss of future income. In the absence of a lawsuit, these realities are frustrating and difficult to reconcile.
Liability for an Accident
Seeking the advice of a qualified motorcycle accident attorney is the best step to take after a motorcycle accident. Determining liability will be the key factor in whether or not you receive damages for your claim. The more quickly you can engage an attorney to evaluate your circumstances, the faster your case will be resolved and you will be able to start rebuilding your life.
Negligence is normally proved by showing the following:
- That the defendant was required by law to be reasonably careful and was not.
- That the defendant’s actions directly or approximately caused injury.
- That the plaintiff was injured.
If there is no injury, a plaintiff may be successful in proving another form of loss; however, these cases may be very difficult to prove.
In motorcycle cases in Louisiana, liability is determined under a comparative fault law. All parties will be assigned a percentage of fault by the courts, and damages will be awarded based on that information. This means that if you, the motorcycle driver, were 2% at fault for the accident, your damages will be reduced by that amount. This law also makes it imperative to seek an attorney’s advice quickly. The facts surrounding cases are unique and must be evaluated on a case-by-case basis.
After a Motorcycle Accident
If you are injured in a motorcycle accident, make sure that your medical records clearly represent your injury. Motorcycle accidents can cause serious injuries, such as: Burn injuries, spinal cord and brain injuries, broken bones, serious neck and back injuries, and even wrongful death. As soon as you are able, recall and write down all aspects of the accident that you remember. Depending on the nature of your injuries, you may or may not be able to take information from the other parties at the scene of the accident. Any information that you can recall will be vital in building a case. Don’t sign any documents or talk to anyone regarding your accident until you speak with a Lafayette motorcycle accident lawyer.
It’s important to understand that injuries covered by insurance and sick days you have taken to recover will not affect your compensation in a lawsuit. The courts will only evaluate liability. If you were not liable for the accident, then you will likely be eligible to receive compensation. Your insurance company may, however, ask for reimbursement out of a court settlement.
Legal Advice | Lafayette Motorcycle Accident Attorney
A Lafayette personal injury attorney at Brandt & Sherman, LLP, is well educated in the laws on motorcycle accidents in the state of Louisiana. We have helped thousands of clients build cases that provide them with the compensation needed to recover from their injuries and go back to their lives. We handle every case individually, and our clients always have access to the advice of an attorney. Our focus on personal representation and understanding allows us to treat every case that comes across our desks with attention to detail and results-oriented focus.