Big River Trial Attorneys

March 2024

A motorcycle rider on road.
Personal Injury

What Causes Motorcycle Accidents in Baton Rouge?

Each year, almost 2,000 people are involved in motorcycle accidents. For many bikers, these collisions result in wrongful death. Although there are many causes of these accidents, the vast majority of them are caused by another driver’s negligence. Below, our Baton Rouge motorcycle accident lawyer explains the most common causes of these crashes. Left Turns The most dangerous place for a motorcycle to be is in the vicinity of another driver who is turning left. Left turns made by other drivers make up more than 40% of all accidents involving motorcyclists. Drivers who are distracted or not paying attention may not see a motorcyclist approaching them in an oncoming lane. Drivers also sometimes misjudge the speed of a biker and think they have enough time until it is too late. Inexperienced Bikers The HURT Report is the most comprehensive study ever conducted on motorcycle safety and according to it, half of motorcyclists have fewer than five months of experience with their bike. The report also found that more than half of bikers have approximately just three years of experience riding motorcycles. This is cause for concern as well. Motorcycles are vastly different to operate than other vehicles and when a biker makes a mistake, the results can be catastrophic. The most common errors made by bikers are turning corners too narrowly, making turns that are too wide, braking too hard, and speeding. To prevent these types of crashes from occurring, the Louisiana State Police has created the Louisiana Motorcycle Safety Program. This program trains bikers how to handle their vehicles safely so they can avoid becoming involved in a crash. Driving Under the Influence Driving under the influence of drugs or alcohol is extremely dangerous behavior. Impaired drivers have slower reaction times, so they may not be able to stop before hitting someone on a motorcycle. Drivers who are under the influence of alcohol or drugs also exhibit very poor judgment, so they may not make the best decisions while on the road. It is critical that all drivers and bikers avoid drinking when they are operating their vehicles. Reckless Driving Tailgating, speeding, aggressive driving, and improper merging are all common examples of reckless driving, and they can all cause an accident. Reckless driving may not cause a major accident when two passenger vehicles are involved. For motorcyclists, though, it can have tragic results. Bikers do not have the same types of protections as other drivers. They do not have a large metal frame around them, airbags that can deploy in the case of a crash, or even seatbelts. As a result, even a small crash, such as being hit from behind, can result in serious injuries for motorcyclists. Time of Day The time of day can greatly predict whether or not a crash is more likely to occur. The vast majority of motorcycle accidents happen between 3:00 p.m. and 6:00 p.m. During these times, other drivers may be very tired after a day of work, or the sun may be setting, making it difficult for drivers to see. The safest time of day to operate a motorcycle is in the early hours of the morning. Unsafe Lane Changes Drivers often check their blind spots before making a lane change to ensure that no vehicles are in them. Unfortunately, they often fail to make sure there are no motorcyclists in their blind spots. Motorcycles are much smaller than other vehicles, making them easier to miss. Still, drivers are expected to fully check their blind spots to ensure everyone’s safety. Dooring Dooring occurs when an occupant of a parked vehicle opens their door into the path of a motorcyclist. The motorcyclist then crashes into the open door. While this may not sound as though it causes serious injuries, it does. Dooring accidents are more likely to happen in areas that have parallel parking. Negligent drivers and other occupants of vehicles can be held liable for failing to make sure the way was clear before opening their doors. Our Motorcycle Accident Lawyer in Baton Rouge Can Help After a Crash If you have been involved in a motorcycle accident, you are likely suffering from very serious injuries. At Big River Trial Attorneys, our Baton Rouge motorcycle accident lawyers know how to prove someone else is liable for paying compensation for your injuries so you obtain the maximum damages you are entitled to. Call us now at (225) 963-9638 or contact us online to request a free consultation and to get the legal help you need.

Personal Injury

Wrongful Death Claims vs. Survival Actions

Losing a loved one is always devastating. However, when someone else’s negligence caused the death, it is even more painful. If you have lost someone due to a car crash, defective product, or another act of carelessness, you can file a claim against the liable party to recover compensation. In Louisiana, there are two types of claims you may have if someone else causes the death of your loved one. You may be able to file a wrongful death claim as well as a survival action. Below, our Baton Rouge wrongful death lawyer explains more. What is a Wrongful Death Claim? State law in Louisiana stipulates that a wrongful death occurs when a person dies due to the fault of another person. For example, a driver who speeds may crash into another vehicle, killing one or more of the occupants inside. This is considered a wrongful death due to the fact that someone else caused it. Businesses and even government entities can also be liable for a wrongful death. A wrongful death claim is intended to compensate surviving family members for the losses they incurred as a result of the death. Not everyone can file a wrongful death claim. Priority is given first to a surviving spouse, then surviving children, then surviving parents, siblings, and grandparents, respectively. The relationship between the deceased and the surviving family members does not have to be biological. Adoption creates the same legal relationship, and so an adopted child could file a wrongful death claim after losing their adoptive parent. What is a Survival Action? Survival actions are claims filed on behalf of the deceased for the losses they suffered prior to their death. Staying with the example above, a speeding driver may crash into a vehicle, seriously injuring an occupant inside. The accident victim may be taken to hospital and succumb to their injuries a number of days, or even weeks, later. In these instances, surviving family members can file a survival action. Survival actions are so named because they provide compensation that the deceased could have recovered if they had survived the accident. The same surviving relatives who are eligible to file wrongful death claims can also file survival actions. If there are no surviving family members, the personal representative of the deceased can file a survival action. Damages Available in Wrongful Death and Survival Claims While financial compensation cannot bring back a loved one, it can help ease the financial burden a sudden loss causes. Still, in order to receive damages, plaintiffs must establish that they have a clear relationship with the deceased. Through a wrongful death claim, plaintiffs can obtain the following damages: The lost income of the deceased relatives were dependent on Funeral and burial expenses Loss of spousal or parental companionship, love, and guidance A loss of inheritance Loss of services, such as housekeeping or childcare, provided by the deceased Mental anguish When the deceased did not pass away immediately after the accident that caused their death, family members can recover the following damages in a survival action: Medical expenses incurred prior to the death The income lost between the time of the accident and the death Compensation for the income the deceased would have earned if they had survived the accident Property damage Pain and suffering the deceased experienced before their passing The longer a person survives before succumbing to their injuries, the more compensation is available in a survival action. There are no caps on the damages available in wrongful death claims or survival actions unless the death was caused by medical malpractice. In rare cases, punitive damages may also be awarded. This form of compensation is not to help the loved ones of the deceased recover their losses. Instead, punitive damages are meant to punish the defendant and deter them and others from acting in a similar manner in the future. In order to obtain punitive damages, the defendant must have acted with gross negligence, carelessness, or maliciousness. Call Our Wrongful Death Lawyers in Baton Rouge for Help With Your Case If you lost someone you love due to the negligent actions of another person, you may be eligible to file a claim. Proving these cases is never easy, though. At Big River Trial Attorneys, our Baton Rouge wrongful death lawyers can build a strong case that clearly establishes negligence so you obtain the full and fair settlement you deserve. Call us now at (225) 963-9638 or contact us online to schedule a free consultation and to learn more.

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