Why is it Harder to Prove Negligence in a Louisiana Motorcycle Accident Case?

Posted on Thursday, June 25th, 2020 at 8:00 am    

Now that we’re enjoying the summer, we’re bound to see more motorcycles on the road. Not only is it nice outside, but people were cooped up for so long due to the Coronavirus. One way to escape the cabin fever is to take to the open road. And, while most motorcycle drivers know that they’re at risk of getting into an accident, that doesn’t change the facts. Other motorists always complain that motorcycle riders are at fault for any traffic accidents.

The biggest reason (or excuse) given for a motorcycle crash is that the other driver didn’t see the bike. Or the other driver claims that the biker was speeding or weaving in and out of traffic. Sadly, this excuse is often believed. There is a stereotype assigned to motorcycle riders. It’s a case of a few bad apples ruining the whole bunch. This means that outsiders tend to believe that the biker was at fault for the crash. This extends to insurance adjustors. It also extends to jurors.

Because these types of accidents are so dangerous, it’s critical that you have an experienced motorcycle accident lawyer in Louisiana handle your case. You’re going to need to focus on recovering from your injuries. The last thing you’ll want to do is fight with insurance adjustors and lawyers. It’s also a good idea to have a professional handle your claim. It can be difficult to prove fault in a motorcycle accident. A large part of this has to do with the bias people have against motorcycle riders.

What is the Bias Against Motorcycle Riders in Lake Charles?

A lot of people think that motorcycle riders are reckless. They complain that motorcycle riders speed or weave in and out of traffic. They argue that they couldn’t see the motorcycle in time to prevent the accident. One of the reasons these excuses are believable is because there are a few bad apples out there. When we see a news story about motorcyclists driving on the shoulder or speeding on the highway, it makes other riders look bad. It’s quite easy for the other driver to fall back on these stereotypes when it comes to your motorcycle accident lawsuit.

When your lawyer reviews your case, they’ll be able to see what the insurance company said. If your claim was denied, your Louisiana injury lawyer will be able to see the reasons for denial. If the reason is that you are believed to have caused the crash, you will be fighting an uphill battle.

What Can Your Lake Charles Injury Lawyer Do to Prove Your Case?

In order to prove your case, your attorney is going to need to do two things. First, they need to prove the other driver was at fault. They can do this in a variety of ways, including:

  • Using the police report
  • Having experts testify on your behalf
  • Hire an accident recreation specialist
  • Interview witnesses

If your attorney is able to prove that the defendant breached their duty of care, you will be entitled to damages. The second part of your case has to do with proving damages. Some of the types of damages you may be entitled to are:

  • Medical bills and future medical bills
  • Property damage
  • Pain and suffering
  • Lost wages

Of course, your Lake Charles accident lawyer is going to do their best to get you as much money as possible.

Contact an Experienced Motorcycle Accident Lawyer in Lake Charles

If you or your loved one have been injured in a Louisiana motorcycle accident, you need help. You need someone to help prove that the other driver was at fault. You also need them to help get you the compensation you deserve. Because there is an unfair bias against bikers, it may take the skills of an experienced motorcycle accident lawyer in Lake Charles to do this.

Call our Louisiana motorcycle accident law firm right away and talk to one of our attorneys. They can review your case and let you know what you’re up against. They can also hire experts if that’s what it takes to prove the other driver was at fault. Because the injuries involved in these cases tend to be quite serious, you may be entitled to significant compensation. Let one of our expert attorneys fight to get you the money you deserve.

Call today and schedule your free initial consultation. This way, you can sit down with someone who’s handled cases like yours before. The consultation is free and you don’t pay a dime until your case is settled.

What Brain Injuries Occur in A Motorcycle Accident?

Posted on Thursday, March 19th, 2020 at 11:46 am    

Some people see riding a motorcycle as a form of freedom. They are free from the caged barrier that normal automobiles place around them and they are one with the road. This freedom comes with the chance for major injuries in an accident though. Motorcycles can leave a rider with permanent and disabling injuries. If you find that you are involved in a motorcycle accident call a motorcycle accident lawyer in Louisiana.

What Are Common Injuries in A Motorcycle Accident?

Because there is very little safety surrounding a rider on a motorcycle, when accidents occur, they can be devastating. When injuries occur, they can be traumatic, and you deserve the compensation owed.

Back Injuries- Back injuries that can be sustained in a motorcycle accident can leave a victim with spinal cord or disc damage. These injuries can lead to the need for surgery for correction and could still leave the victim in a wheelchair, disabled, or paralyzed.

Neck Injuries- In most cases, those who survive a motorcycle accident can end up with a broken neck. Even with surgical intervention, it is still likely that you will never walk again. There is no piece of safety gear that can be worn to truly protect the neck or the spine on a motorcycle.

Road Rash- Road rash is when the skin and the road meet and dragging occurs. Road rash can be classified into three categories by the degree of injury sustained.

First- This is the least severe case of road rash. This type is comprised of smaller scrapes, redness, some bleeding, bruising, and tenderness. Most of these minor cases can be taken care of at home, they just need to be kept clean.

Second- In the middle of the spectrum, this type of road rash is a little more serious than the minor cases. There is more bleeding involved in these cases and possibly exposed muscles, tendons, or nerves.

Third- This is the most severe form of road rash. The skin can be taken completely off, and you can be left with deep wounds. This is extremely painful and may lead to the need for skin grafts in the future.

Head and Brain Injuries Associated with Motorcycle Accidents

Even with the use of a helmet, injuries to the head can still occur in a motorcycle accident. The severity of the injury can often depend on the usage of a helmet when the accident occurs. It is always good practice to wear a helmet anytime you plan on riding a motorcycle.

Concussion- A concussion is a mild form of a traumatic brain injury that occurs during a whiplash or when there is an impact to the head. This can cause the brain to shake inside the skull. Symptoms can include headaches, lack of coordination, nausea, memory loss, confusion, and excessive fatigue.

Traumatic Brain Injury- A traumatic brain injury often occurs when there is an injury to the brain that can range from mild to severe. The symptoms can be delayed or immediate and usually include confusion, blurred vision, and concentration problems. The treatment for this can involve rest, medications, or surgery.

Coma- A coma occurs when a brain injury is severe enough and it puts you in a deep unconscious state. You cannot be awakened from this state and you do not respond to any sort of stimuli.

Subarachnoid Hemorrhage- A subarachnoid hemorrhage is bleeding between the tissues that are around the brain to protect it. The biggest symptom is a sudden severe headache. The outcome of subarachnoid hemorrhage can go three ways. You can be fine, disabled, or it can kill you.

Epidural Hemorrhage- An epidural hemorrhage is when bleeding happens between the tough membrane covering the brain and the skull. Symptoms include loss of consciousness, followed by regaining consciousness and then losing consciousness again.

Subdural Hemorrhage- A subdural hemorrhage is also known as a subdural hematoma. It often happens as a result of a severe head injury. It takes place when blood vessels burst between the brain and the membrane around the brain. Symptoms like slurred speech, vomiting, headaches, and confusion are often present. In subdural hemorrhages that show no symptoms, they generally resolve on their own. If they are severe enough, they may require surgery.

Finding Representation When You Need It

Getting in a motorcycle accident isn’t just devastating for you, but it is devastating for your entire family. Your family is often the ones who help you while you are recovering and the ones who are burdened with the medical bills and lost income from the accident.

When you are in a motorcycle accident, it is important to call a Lake Charles law firm that handles motorcycle accident cases to handle your personal injury claims. They can help you get the compensation you deserve to get your family and your life back on track.

Avoid Bicycle Accidents this Summer in Louisiana

Posted on Friday, July 26th, 2019 at 12:02 pm    

When it gets nice out, people choose to ride their bikes rather than drive everywhere. It’s better for your body and it’s better for the environment. Louisiana is one of those states where it gets hot really fast. The number of cyclists on the road goes way up this time of year usually resulting in more bicycle accidents as well.

Bicycle riders have to be really careful when they’re navigating busy streets and roads. Even though you may be safe, that doesn’t mean other people on the road are too. You need to take special precautions to ensure you don’t become a casualty to summer traffic.

If you get hit by a car while riding your bike, you’re suffer some pretty serious injuries. You don’t stand a chance when you go up against a two-ton vehicle. The only thing that stands between you and the car is your plastic helmet.

Bicycle accident lawyers in Lake Charles handle these types of cases all the time. The number of bicycle accidents increases in the spring and summer. Don’t let yourself become a victim.

What are Some of the Causes of Bicycle Accidents?

In the spring and summer, there is a lot more traffic than the rest of the year. This is no more true than in Louisiana. People like to navigate the busy streets by bicycle instead of in their cars.

The problem is, people in their cars don’t always look out for cyclists the way they should. It’s harder to see bicycles than it is other cars. Bikes also have to share the road with large vehicles that drive a lot faster than they do.

Not all roads have a bike path. This means you’re riding your bike alongside large cars and SUVs. They make wide turns and try to beat red lights. The last thing they’re worried about is hitting someone on a bicycle.

Car drivers just don’t expect to see a bicycle dart out from between cars. They certainly don’t realize they’re sharing the road with bicyclists. By the time they realize you’re there, it may be too late.

What Kind of Injuries are Caused by Bike Accidents?

As you can imagine, people who get into bicycle accidents can suffer some pretty serious injuries. When you go up against a giant machine, the results can be disastrous. Bicycle accident victims usually end up in the hospital and out of work for quite some time.

Some of the injuries suffered in a bicycle accident include:

  • Traumatic brain injuries – When you suffer a severe blow to the head, you can end up with a traumatic brain injury (TBI). These injuries may require surgery. You may not be able to communicate after a TBI.
  • Internal injuries – You may get hit so hard that you suffer internal injuries. This includes bleeding on the brain and organ damage. If left untreated, these injuries can be deadly.
  • Back injuries – Obviously, you’re likely to suffer back injuries if you get hit by a car. This includes herniations and other disc issues. You could even end up with a spinal cord injury.

If you suffer any of these injuries, your bicycle accident lawyer in Lake Charles can help get you the compensation you deserve.

How Can You Prevent a Bicycle Accident?

There are some things you can do on your end to prevent a bicycle accident. It goes without saying that you need to be extra careful this time of year. You need to take extra precautions to make sure you stay safe and healthy.

Here are some tips to keep you safe this summer:

  • Always wear your helmet
  • Stay in the bicycle lanes when possible
  • Use hand signals to alert other drivers to your turns
  • Wear other protective gear
  • Wear googles to protect your eyes
  • Keep an eye out for cars and trucks – you need to be a defensive driver

If you follow these tips, you should be able to avoid any collisions with a motor vehicle. You have to assume that the other drivers aren’t looking out for you. Sometimes, the best offense is a good defense!

Contact a Lake Charles Accident Lawyer Today and Schedule Your Initial Consultation

If you get into a bicycle accident this summer, you need to call and speak with a Lake Charles accident lawyer. Your lawyer can review your case and let you know what it may be worth. They can also answer any questions you may have.

You need to focus on recovering from your injuries. Let an experienced Lake Charles accident lawyer handle the legal side of things.

Call today and schedule your free initial consultation.

5 safety tips for your next motorcycle ride

Posted on Wednesday, April 18th, 2018 at 3:15 pm    

Now that spring is in full swing and summer is right around the corner, you are probably spending more time on your motorcycle. Riding around Lake Charles or heading out on a longer trip comes with a certain amount of danger on any given day, even when riding conditions seem perfect.

In general, there are more than 200 motorcycle crashes across the United States every day. While some of these are due to user error, others are a direct result of negligent drivers. In reality, cars and trucks are the biggest danger you face on the road every time you climb on your bike.

Due to the high risk of riding a motorcycle, it is vital that you take certain precautions. Follow these motorcycle safety tips the next time you go for a ride.

1. Stay sober.

While it is a well-known fact that drinking and operating a motor vehicle do not mix, you should also take steps to avoid other substances that might affect your reflexes and reaction times. For example, if you are taking antihistamines to combat those spring-time allergies, they could make you drowsy and negatively affect your ability to safely ride your motorcycle.

2. Dress for the occasion.

While it may not always be comfortable or convenient to do so, you should always wear the appropriate riding gear. The same goes for your passengers. Even a collision at low speed can result in a catastrophic head injury and, at the very least, some nasty road rash. Every time you climb onto your bike, you should be wearing your gear, head to toe.

3. Pay attention.

If you are on a motorcycle, it is vital that you maintain situational awareness at all times. Keep a close watch on what is going on in front of you and to each side. By using your mirrors, you can expand your range of vision to almost 360 degrees. Also, keep plenty of space between you and the other vehicles on the road. By keeping your distance, you might be able to buy yourself enough time to avoid potentially dangerous situations.

4. Stick to the speed limit.

When there is a long stretch of open road ahead, it might be tempting to open up the throttle. However, keep in mind that the faster you go, the less time you have to react if something unexpected happens. A random dog running across the road could easily cause you to lose control if you are going too fast. Adhere to posted speed limits and, when necessary, you should drop below the speed limit.

5. Keep up with maintenance.

It is not uncommon for an accident to occur because something on the bike malfunctions. Keep up with the regular maintenance requirements of your motorcycle so that you can depend on it to function normally. This includes ensuring that all lights work, fluids are at appropriate levels and your tires are in good condition.

While the above tips can help you stay safe the next time you go for a motorcycle ride, it may not be possible to avoid every accident. If you suffer an injury due to a motorcycle crash with a negligent driver, keep in mind that you might be able to file a claim for the damages.

Motorcyclists face unique dangers

Posted on Friday, March 24th, 2017 at 3:27 pm    

Riding a motorcycle presents some specific risks that other motorists may never have to endure or consider. If you ride a motorcycle, you should always understand these risks before getting on your bike and hitting the open road, for your safety and the safety of others around you.

In America, unlike many other parts of the world, motorcycles make up a very small percentage of the vehicles on the road. Because of this, most drivers simply are not accustomed to sharing the road with motorcyclists, and are not attuned to looking for them. Motorcycles are much smaller than other vehicles, and are difficult to see, especially in blind spots and when changing lanes. If you are a rider, you must constantly keep in mind that any other driver may not actually know you are sharing the road with them.

Louisiana man killed in motorcycle accident

Posted on Saturday, February 25th, 2017 at 3:29 pm    

If you have ridden a motorcycle for any amount of time at all, you know that some of the most dangerous things to riders on any road are other drivers who don’t properly account for motorcyclists. Tragically, a Louisiana man recently lost his life to just such a careless driver after a colliding with the other vehicle.

Reports indicate that the motorcyclist was traveling down a road in the middle of the afternoon, when he approached an intersection near a Wal-Mart Supercenter. The other driver, who was already stopped at the intersection, abruptly accelerated to drive through the intersection, causing the rider to strike the side of the vehicle. According to the authorities, initial investigation indicated that the motorcyclist had the right of way at the time of the accident.

Sadly, this is a far too common story. Despite the fact that thousands of Americans choose to ride motorcycles, they are still in great danger from other drivers who do not account for them while behind the wheel. In contrast, many other countries around the world have much higher percentages of rides who share the road with cars and trucks, and those who drive in these contexts are used to taking motorcyclists into account when they drive. Until Americans learn to care for their motorcyclists, we will continue to see these tragedies repeated again and again.

If you or someone you love has been injured or killed in a motorcycle accident, it is vital to get proper legal guidance. The tragedy of the situation does not change the law, which may entitle you to several kinds of compensation for your losses. With guidance from an experienced attorney, you can confidently pursue justice and rest assured that your rights remain protected as you do.

Source: WJHG Local NBC, “Louisiana man killed in motorcycle accident in Walton County,” Feb. 25, 2017

What if I’m hurt in a riding accident while not wearing a helmet?

Posted on Friday, February 24th, 2017 at 3:29 pm    

While mandatory helmet laws for motorcyclists remain a matter of contention for many riders who value personal liberties, wearing a helmet is a no-brainer when it comes to safety. All one must do is ask anyone who has served in emergency medical care, and they will nearly universally tell you that not wearing a helmet is usually a one-way ticket to serious injury if an accident occurs. However, apart from the issues of personal safety, which are innately personal, choosing to not wear a helmet while riding can open you up to significant legal challenges if you need to file a personal injury claim after an accident.

The reality of the matter is that a motorcyclist who chooses to not wear a helmet (which is illegal in Louisiana), may find his or her options for recovery limited in a personal injury claim. Even in a case where the accident was deemed the fault of the other party, the defendant may be able to claim that the claimant’s injuries were do at least in part to his or her own negligence.

The fairness of this argument may not matter when it comes to the courtroom. Louisiana has a fairly contentious relationship with helmet laws — just last year a bill that would have made helmets optional cleared the House, but was ultimately shut down before becoming law. It is possible that the judge hearing your injury case will be sympathetic to rider’s rights, but should not be counted on.

If you have been injured in a motorcycle accident, you deserve to have your rights protected while you fight for fair compensation for your losses. With proper legal representation from an experienced attorney, you can confidently seek justice while you recover.

Source: Findlaw, “Helmet Laws and Motorcycle Accident Cases,” accessed Feb. 24, 2017

Shreveport motorcyclist seriously injured in crash

Posted on Friday, January 20th, 2017 at 3:30 pm    

Motorcycle riders exemplify a harsh intersection of philosophy and practical reality. On the one hand, there are very few things as liberating and validating of our liberties as riding a motorcycle down an open road. There are also few things as likely to cause catastrophic injury or death as a motorcycle accident. Where other drivers may have some protections in an accident, a motorcyclist stands to suffer extreme injury in just about any collision.

A man from Shreveport recently suffered just such a tragedy when his motorcycle collided with a truck near Bossier City. According to reports, the truck pulled out in front of the motorcycle, leading to the catastrophic accident.

The man is said to be in stable condition, but still suffering from numerous serious injuries, which may take months or years to fully heal from — if they can be healed from at all.

If you are a motorcyclist, it is important to have a good plan in place for the possibility that you may be involved in a serious accident. Like the man in the recent accident, you may not be doing anything particularly dangerous, other than being in the wrong place at the wrong time. Unfortunately, America has yet to grow accustomed to motorcycles on the road, and drivers often do not drive with motorcyclists in mind.

If you are injured in a motorcycle accident, you deserve to have your rights fiercely defended and to be compensated fairly. Fair compensation goes well beyond just paying for your significant medical expenses, but also lost wages and damages for pain and ongoing disability. Every motorcyclist would be wise to establish a relationship with an experienced attorney who knows how to represent him or her effectively and protect his or her rights.

Source: ArkLatex News, “UPDATE: Man seriously injured in motorcycle crash in Bossier,” Lynn Vance, Jan. 20, 2017

Tips for avoiding left-turn motorcycle accidents

Posted on Thursday, December 8th, 2016 at 3:30 pm    

There are many dangers for motorcycle riders in Louisiana, from cars changing lanes abruptly to storms and other weather events. However, one of the most dangerous situations a rider can find himself or herself in is when another car turns left in front of the motorcycle. These left-turn accidents are potentially deadly and happen in just a split second.

Avoiding them is not always possible, but experts do note that riders must pay attention by looking for cars that are slowing down, with their blinkers on, or sitting in the turn lane. Remember that they may be waiting for other cars to go by, but they may not have seen the smaller motorcycle. Keep a close eye on the car so that you can react the moment it starts moving out of the turn lane.

It’s also very important not to speed. It’s already hard for many drivers to see the motorcycle in time; if you’re going 20 mph over the limit, it’s not only harder for them to see you, but it’s also harder for you to stop in time when you see the danger.

Finally, make sure you’re always eyeing your escape route, whether the best option is to swerve, to brake or to lay the bike down. If you’re ready to make that maneuver at a moment’s notice, there’s a far better chance you’ll do it in time to avoid the crash.

Of course, even driving defensively and looking for drivers who are about to make mistakes won’t help you avoid all accidents. If a driver cut in front of you and you were injured, you may be able to get compensation for your medical bills, pain and suffering and much more. Contact the motorcycle accident lawyers with Veron, Bice, Palermo & Wilson, LLC for more information.

Riding motorcycles in rural areas has its own risks

Posted on Wednesday, November 16th, 2016 at 3:30 pm    

In states like Louisiana, where the majority of the acreage is rural or suburban areas, it can be a mixed bag for many motorcyclists. On the one hand, lower crowding on roadways and the availability of beautiful roads tracing through the countryside is often ideal for riders looking for a good day trip without too much congestion. Unfortunately, that very open and remote quality that is so valuable can become a liability. A Louisiana man came face-to-face with just this situation not too long ago, when he waited for over 30 hours for emergency personnel to arrive after he suffered a serious accident, which sadly took the life of his friend and riding partner.

The man and his friend were riding on a stretch of road in Tennessee that is known to be dangerous for drivers and riders alike. One of the riders slowed down and was struck by the other, sending both of them off of the road and injuring them severely. The two waited for hours to be found, but the remoteness of the area made it near miraculous that anyone was able to find them, or hear the less-injured survivor’s cries for help. Eventually, help found them, but they did not receive needed medical attention for nearly 30 hours, resulting in one of the riders succumbing to his injuries.

Riding a motorcycle is an innately dangerous proposition, no matter how experienced a rider you might be. While this is not necessarily a reason to hang up your chaps and helmet and put the bike up for sale, it is a harsh reality of those who choose to ride. If you have been injured in a motorcycle accident, it can be difficult to know how your expenses will be covered, or who will make up the differences when you lose income while you are racking up bills in recovery. With the guidance of an experienced attorney, you can explore your options with confidence, and get back to the business of recovery.

Source: WATE, “Louisiana man recovering after Blount County motorcycle crash, 30 hour wait,” Laura Halm and Kelly Reinke, Oct. 28, 2016

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