If you were injured in a motorcycle accident due to another driver’s negligence, you could file a personal injury claim for negligence. A Mandeville motorcycle accident lawyer could help you recover compensation for your losses, including property damage and medical expenses.
While many motor vehicle accidents are settled through insurance, the process does not always adequately compensate injured cyclists. Do not settle for less than you deserve – speak with a seasoned personal injury attorney to ensure you receive full compensation.
Motorcycle accidents are especially hazardous due to factors such as the lack of bodily protection available to the rider, combined with high rates of speed. Even minor motorcycle accidents have the potential to cause long-term injuries.
Some common minor injuries in motorcycle accidents include:
More severe injuries can include broken or fractured bones. Motorcycle riders are also particularly vulnerable to leg injuries, including lower-extremity injuries, if their leg becomes caught beneath the vehicle during an accident.
Motorcycle crashes can also cause injuries that permanently alter a person’s life or even result in death. Examples include:
Given the heightened risks for motorcycle accident injuries, motorcycle riders should take all necessary precautions to ensure their safety on the road. A dedicated Mandeville motorcycle wreck attorney could assist in recovering compensation while the injured individual recovers.
A plaintiff’s ability to successfully sue someone for motorcycle accident injuries will depend on the defendant’s actions leading up to the incident. If the plaintiff proves that their negligent behavior caused the accident, they will be more likely to recover compensation.
Under Louisiana Civil Code Annotated § 2315, the state generally holds individuals liable if their actions cause damage or harm to another person. When evaluating negligence cases, the Court will determine if the defendant breached a duty of care.
While proving a breach of a duty of care will depend on the specific facts and circumstances of the case, evidence that another motorist violated state driving laws before the incident could be crucial in establishing negligence. Proof that a motorist was speeding, driving while intoxicated, or disobeying traffic lights or signs can all help establish a breach of reasonable care. Having a motorcycle accident lawyer in Mandeville with easy access to these types of evidence is crucial.
When the defendant’s reckless conduct directly causes the plaintiff’s injuries, the Court will allow the injured party to recover economic and noneconomic damages. Economic damages include quantifiable monetary losses, such as hospital bills and lost salary. Noneconomic damages compensate for harm such as pain and suffering, emotional distress, and loss of enjoyment of life.
In cases where an intoxicated driver caused the biker’s injuries, the state also allows victims to recover exemplary damages under La. Civ. Code Ann. § 2315.4.
A Mandeville lawyer could leverage the most compelling evidence, such as police records, accident scene photos, or surveillance footage, to develop a successful motorcycle accident claim.
The state has several laws that individuals must follow when riding a motorcycle. For instance, LSA-R.S. § 32:190.1 requires that individuals operating a motorcycle or motorized bicycle wear a safety helmet. Stat. Ann. § 32:190.1 also mandates that riders wear protective eyewear – such as goggles, face shields, or safety glasses – unless their bike has a windshield equipped.
When Courts determine fault in negligence cases, they assign a percentage of fault to each party involved under the state’s pure comparative negligence statute, La. Civ. Code Ann. § 2323. If the injured biker contributed to their own Mandeville accident, the Court will reduce their damages in proportion to their percentage of fault.
For example, if a person sustains head injuries in a motorcycle crash while failing to wear a safety helmet as required by state law, the Court could potentially reduce their damages. However, they could still recover damages even if their negligence exceeds the defendant’s.
You should speak with an attorney right away if you were injured in a motorcycle accident. The state imposes time limits on filing a lawsuit for personal injury claims, typically allowing the injured party a year from the date of the injury to pursue legal action.
A Mandeville motorcycle accident lawyer is available to consult with you about the validity of your claim.
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