The Baton Rouge based personal injury attorneys at Big River Trial Attorneys provide aggressive and effective legal representation for clients seriously injured in motorcycle accidents throughout Louisiana. Motorcycle accidents can present complex factual, legal and financial issues. Liability is often contested because insurance companies may argue that motorcycles are dangerous. However, responsible motorcycle drivers are just as careful as other drivers on the road. In a motorcycle accident, injuries are likely to be more serious and, in some cases, may even be fatal. A thorough investigation to preserve all evidence and uncover all sources of legal and financial responsibility is especially important. That’s why you need to contact an experienced motorcycle accident lawyer in for help.
Motorcycle accidents are often caused by some type of negligence, carelessness, or reckless conduct. Examples include drivers not paying attention, either because of text messaging or other reasons, speeding, failing to obey traffic signals, or simply failing to yield the right of way. Liability for motorcycle accidents can also be caused by less obvious parties. Some examples include construction companies where road design or maintenance of traffic may have contributed to the collision. Auto companies and certain motorcycle manufacturers can also be legally responsible under other legal theories such as a product liability claim, when the motorcycle accident may have occurred due to an auto manufacturing or design defect.
For example, a defect in either your motorcycle or the vehicle that hit you might have been the cause of the crash. Another example could be that a car tire might have failed causing the other car to swerve and hit you. Or a malfunction with your motorcycle might have caused the wreck. In these situations, it was not driver negligence, but a defectively designed component, part, or product that may have caused the accident. If so, you might be able to file a personal injury lawsuit against the car, auto, or motorcycle manufacturer, for a product liability claim or against the manufacturer of the component part that failed. At Big River Trial Attorneys, we have experience working with engineers, accident reconstructionists, and other experts to help determine the true cause of an accident.
At Big River Trial Attorneys, our Baton Rouge motorcycle attorneys have handled crashed caused by:
Vehicle accidents can trigger your “fight or flight” response: your body and mind both go into high alert. During this time, it can be difficult to remain calm and complete the tasks that will keep you safe, prevent further injury, and protect your legal rights. After a crash, here’s what you need to do in the minutes, hours, and days that follow.
Because of the adrenaline flowing through you veins, you may not realize the extent of your injuries. It’s vital to have an emergency responder check you out and/or to see a doctor after the crash. Keep in mind that some injuries, especially head injuries, may not reveal themselves until hours or days after the crash.
The best way to understand what happened is to find facts. Get witness information, take pictures, and write down notes about the crash. Also be sure to get the name of the police officer that responds.
You don’t have to be completely familiar with the law in order to file a motorcycle accident lawsuit or personal injury lawsuit–that’s what lawyers are there for. However, knowing a few basic Louisiana motorcycle accident laws and personal injury laws is helpful in the wake of an accident. Here’s what you need to know:
You have a limited amount of time to file. In Louisiana, the statute of limitations for filing a lawsuit related to property damage or personal injury is one year from the date of the incident.
Louisiana is a comparative fault state. If you were partially at fault for your accident, but another party or parties were also at fault, you can still file a lawsuit for damages. However, the percent that you were at fault will be subtracted from your award.
Louisiana is not a “fault” insurance state. Louisianans who have been injured in an accident need to file a “third party” claim with the insurance company of the at-fault party, or file a lawsuit against the at-fault party. Only after collecting from at-fault driver can you file a claim with you own under insured motorist policy.
Louisiana requires several types of insurance. Specifically, drivers must have $15,000 in bodily injury insurance, $30,000 in coverage if more than one person is injured, and $25,000 in coverage for property damage.
Even if you are unsure who was at fault for your accident, or even if you aren’t sure if you want to pursue a case, speaking to an attorney gives you the opportunity to tell your story, learn your legal options, and find out what plan of action is best for you and your family.
At Big River Trial Attorneys, our compassionate, experienced attorneys are here to help you. We are not just a face on a billboard. We take on a limited number of cases so that all of our time and attention is focused on getting you the compensation and justice you deserve. We invite you to request a free, confidential consultation with one of our car accident attorneys–so that you can get your questions answered and feel confident about the next step. Call us today at (225) 963-9638 or fill out our contact form to schedule an appointment and meet our team.