Lots of people in the south like to ride their motorcycles. The weather is nice year-round. The scenery in Lake Charles, Louisiana, is gorgeous. You’d be crazy to leave the bike in the garage if you live here. This also means that more people get into motorcycle accidents. Receiving compensation for your injuries requires having a skilled Lake Charles Motorcycle Accident Lawyer fighting on your behalf.
- Most people who get in motorcycle accidents are younger than 30
- Motorcycle accidents account for about 10% of all traffic fatalities
- More than half the people who die in a motorcycle accident were wearing their helmet
- The number of motorcycles on the road has gone up by 50% in the last ten years. This is why the number of motorcycle accidents has also risen.
Thankfully, Louisiana motorcycle accident attorneys are familiar with these statistics. And this is why they make sure they can handle these types of cases. At some point, you or a family member may be involved in a motorcycle accident. If this is the case, you’re going to want to call a Louisiana motorcycle accident attorney at 337-202-2922.
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Your Lake Charles Motorcycle Accident Lawyer Will Get You Compensation for Your Injuries
You can suffer very serious injuries in a motorcycle accident. This is because nothing stands between you and the other vehicle. All you have to protect you is a plastic helmet. Whether your collision causes you to crash into another car or the asphalt, you will be hurt.
Your Lake Charles personal injury lawyer has handled dozens of these cases. He knows what kinds of injuries are caused by motorcycle accidents. He will work hard to make sure you’re compensated for these injuries.
Some of the most common injuries associated with a motorcycle accident are:
Traumatic Brain Injuries
If you experience a severe blow to your head, you might suffer a traumatic brain injury (TBI.) TBIs can lead to many problems, including:
- Memory loss
- Vision loss
- Hearing damage
- Permanent disability
TBIs often require surgery and involve long-term physical therapy. Expect to be out of work for quite some time. This is why you need to have an experienced traumatic brain injury lawyer working for you. You’ll sustain significant damages and you have a right to be compensated.
Back injuries caused by a motorcycle accident can be very serious. You might suffer a spinal cord injury or disc damage. Both require surgery and may leave you confined to a wheelchair.
Neck injuries can be life-threatening. People who survive a motorcycle accident often end up with a broken neck. Even if you have surgery, you may never walk again. Nothing protects you from the road other than your helmet. This leaves your neck more susceptible to injury.
Unlike a regular car accident, motorcycle accidents involve burn injuries. Protective bodywear can only do so much. You may still suffer serious burns.
There are dozens of other injuries you could suffer from your accident. The important thing is that you seek medical treatment immediately following your accident. You need to make sure you’re okay. You also need to make sure you have documentation of your injuries.
Your Louisiana Motorcycle Accident Lawyer Knows How to Prove Your Case
Proving fault in a motorcycle accident is no different than any other negligence case. In order to prove negligence in Louisiana, you have to demonstrate the following:
- The other driver owes you a certain duty of care
- They breach this duty
- This breach causes an accident
- You are injured in this accident
Showing that the other driver owed you a duty of care is easy. We all owe this duty of care when we get behind the wheel. Proving your injuries is also straight forward. Your attorney will offer medical records and expert testimony to prove your injuries.
The difficulty arises when it comes time to prove causation. Your lawyer has to prove that the other driver caused your accident. The reason this is hard is that nobody ever admits they’re at fault. The other driver’s lawyer will insist that the accident was your fault.
Your attorney will have to submit evidence proving that the other driver caused the accident. If he can do this, he’ll have proven your negligence case.
In order to do this, he’ll rely on the following:
- Getting a statement from eyewitnesses
- Using all available information from the police report
- Get a sworn affidavit from you
- Subpoena all recordings from dashcams and third-party cameras
- Submitting the other driver’s accident and driving records
- Relying on crash experts recreate the accident using pictures and the accident report
This is why it’s important that you always call the police after your accident. Some of this information is only available in the police report. You don’t want to make your attorney’s job any harder than it already is.
What Kind of Damages Can Your Lake Charles Motorcycle Accident Lawyer Get You?
The whole point of hiring an attorney is to get justice. You want your lawyer to get you the compensation you deserve. Usually, this will come in the form of an insurance settlement. However, the insurance company may deny your claim. This could happen for a variety of reasons:
- The policy wasn’t valid at the time of the accident
- The driver wasn’t listed on the policy
- They believe you were at fault
- They don’t believe you were injured
- Also, they doubt the severity of your injuries
- You have a history of filing false insurance claims
If your claim is denied, your lawyer will try to settle the claim with the insurance adjuster. If that doesn’t work, he’ll have no choice but to file a lawsuit on your behalf.
In your suit, your Louisiana motorcycle accident attorney will demand the following:
- Medical Bills – Your lawyer will demand that you be compensated for current and future medical bills. Chances are, if you’ve been hit by a truck, you’re going to need treatment for quite some time.
- Lost Wages – Your attorney will make sure you are compensated for time missed from work. He’ll also demand that you be compensated handsomely if you end up permanently disabled.
- Pain and Suffering – There is a lot of pain involved in truck accident injuries. You could have to undergo several surgeries. These are very painful and take a while to recover from. Your lawsuit may involve as much in pain and suffering like the other types of damages combined.
- Property Damage – Chances are, if you’re hit by a tractor trailer, your car will be totaled. At a minimum, it’ll need major repairs. The defendant should be responsible for these repairs.
Your lawyer won’t back down until the defendant’s lawyer offers a fair settlement. And, if necessary, he’ll go to trial.
How Will Your Lake Charles Motorcycle Accident Lawyer Deal with the Issue of Comparative Negligence?
The defendant’s lawyer will probably say you were responsible for the accident. And, to a degree, he could be right. Rarely is either party 100% responsible for the accident. For this reason, Louisiana has something called a comparative fault.
Under comparative fault, every party involved in an accident will be responsible for their percentage of fault. This means that if you’re 20% at fault, you’ll be responsible for 20% of the other party’s damages.
What this means for you is that your settlement could be reduced by your percentage of fault. Let‘s look at an example:
- You’re riding your motorcycle down the highway. The speed limit is 65 mph but you’re driving 75 mph. All of your signals are working just fine. Out of nowhere, a car comes careening down the shoulder, trying to bypass the bumper to bumper traffic up ahead. He slams into your bike and sends you flying into the creek next to the highway. You suffer $100,000 in damages.
In court, the judge finds that you were 20% at fault since you were, technically, speeding. This means that, if you win your case, you’ll only be entitled to $80,000. Makes sense, right?
Your motorcycle accident lawyer in the city of Lake Charles will fight to prove that you are minimally at fault. He will do what it takes to get you as much compensation as possible.
FAQs for Motorcycle Accidents
If you were involved in a motorcycle crash, you’ll have questions. Below are a few commonly asked questions we hear at [firm-name] from our clients after a motorcycle accident. If your question is not listed below, or you would like further clarification on any of these questions, do not hesitate to call us at [phone-number] and request a free case review. We will be happy to answer all your case specific questions then.
How much is my case worth?
This might seem like an easy question to answer, but the value of the case is specific and unique to each individual motorcycle accident. However, there are some common factors that are typically considered in determining your case’s value. Those are:
- Damage to your motorcycle and property
- Medical and surgical bills due to crash
- Monetary value for lost time at work due to crash
- Rehabilitation expenses
- Comparative fault, if applicable
Do I have a valid case?
It is imperative we talk with you to discuss all the particulars of your case to determine whether you have grounds for a lawsuit. The more details we know the better prepared we will be to give you an exact answer. Here are some questions we would ask to determine the validity of your case:
- What is the extent of your injuries?
- Were you hospitalized?
- Did you, or will you, need surgery for your injuries?
- Is there any scarring or permanent damage to your body after the crash?
- What are your future medical costs?
- Do you have insurance and what type of coverage is it?
- Is there any evidence available in your case?
Why should I hire an attorney after my motorcycle accident?
A Lake Charles motorcycle accident attorney understands all the ins and outs of every Louisiana traffic law. They have the experience, resources, and knowledge to fight aggressively on your behalf for the maximum possible compensation.
Dealing with the aftermath of a motorcycle crash causes considerable stress and can cloud your judgment with emotional issues. Hiring an experienced motorcycle crash attorney takes that stress off yourself so you can focus on healing and moving forward with your life. Let us worry about your case on your behalf.
Will it cost me money up front?
No! At [firm-name], we only expect our motorcycle accident clients to pay if, and when, we win your case. We also offer free consultations.
What factors would put a driver at fault in a motorcycle crash?
Here are just a few actions that would be considered negligent in a motorcycle accident:
- Not stopping at a stop sign or traffic light
- Following too closely
- Not checking blind spot before merging or changing lanes
- Driver under the influence
These are only a limited selection of reasons why someone might be considered at fault for an accident.
How long do I have to file a claim or lawsuit?
First off, there is often a lot of confusion between an insurance claim and a lawsuit. To clarify, these are two vastly different things. The insurance claim is what you will file with your insurance company after the crash, and typically the report about the accident is completed almost immediately after the crash. At most, it should be filled out within a couple days. You have a little more time to file a lawsuit with the court. According to the Louisiana Car Accident Statute of Limitations as listed in Louisiana Civil Code Article 3492, all lawsuits for injury or property damage due to a motorcycle accident must be filed within one year from the date of the crash.
Call and Schedule Your Initial Consultation with a Lake Charles Motorcycle Accident Lawyer
If you or a loved one have been injured in a motorcycle accident, you need help. You need the services of an experienced attorney. Call and schedule your free initial consultation with a Lake Charles motorcycle accident lawyer.
Your Louisiana injury attorney will review your case and let you know what it may be worth. He’ll also go to battle with the insurance company on your behalf. He’ll try to get you an out of court settlement. And, if this isn’t in the cards, he’ll file a lawsuit on your behalf.
The defendant will have lawyers working for him. You don’t want to handle this alone. The consultation is free and you pay nothing until you win your case.