You can still potentially recover damages if you were not wearing a helmet during a motorcycle accident, but the exact amount of compensation you are entitled to might be affected. It could be determined that not wearing a helmet was a form of negligence, leading to reduced compensation, especially if it is proven that your injuries were more severe because of your refusal to wear a helmet.
Denham Springs Motorcycle Accident Lawyer
Denham Springs Motorcycle Accident Attorney
Motorcycle accidents often leave riders feeling vulnerable. As attorneys who have worked with countless motorcyclists over the years, we understand the unique challenges you face after an accident and are committed to aiding in your recovery. Our expert lawyers team at Murphy Law Firm is dedicated to providing the support you need during this difficult time. A skilled Denham Springs motorcycle accident lawyer from our firm can make the legal process more comprehensible and approachable, helping you navigate your case with confidence and ensuring you receive the compensation you deserve.
Our Representation Can Make a Difference
You deserve a lawyer who can effectively advocate for you and secure the compensation to which you’re entitled. Our track record of millions of dollars in compensation won for our clients speaks for itself. We utilize aggressive litigation and strategic settlement negotiation tactics to pursue positive outcomes for as many clients as we can. Our team serves clients across south Louisiana, and we’re ready to get started on your Denham Springs car accident case. Whether you’ve been injured in a car crash, motorcycle accident, or another type of incident, our experienced attorneys are here to help you navigate the legal process and fight for the compensation you deserve. Let us handle the legal complexities while you focus on your recovery.
Understanding Motorcycle Accidents
Motorcycle accidents are often the result of several contributing factors that can complicate the entire situation. Common causes include driver inattention, failure to yield, and other vehicles performing unsafe lane changes. Sometimes, road hazards like potholes can contribute to motorcycle accidents, especially because motorcycles are more vulnerable to road conditions.
The size and speed of motorcycles can make them harder to spot in traffic, increasing the risk of collisions. Motorcycle accidents can also result in severe injuries due to the lack of physical protection for riders. The force of impact from a larger vehicle, such as a truck, can cause catastrophic injuries and, in some cases, fatalities. This makes it important to aggressively pursue compensation to cover expenses related to a motorcycle accident. If you’ve been involved in a collision with a larger vehicle, a truck accident lawyer can help you navigate the complexities of your case and ensure that you receive the full compensation you deserve for medical bills, lost wages, and pain and suffering.
How Helmet Laws Might Impact Your Case
Helmet laws vary from state to state, but in Louisiana, helmets are required for all motorcycle riders, regardless of their age or experience level. If you choose not to comply with these laws, your case could be impacted. Lack of compliance with safety laws could be used to prove that you were partially responsible for your injuries; however, not wearing a helmet does not automatically disqualify you from receiving compensation entirely.
Due to the comparative negligence rules, riding without a helmet can potentially reduce the amount of compensation you can recover, mainly if you sustained a head or traumatic brain injury. The defense could argue that your lack of protective measures is to blame for the severity of the injury. In such cases, it’s crucial to have a skilled personal injury lawyer on your side. An experienced attorney can help challenge these arguments, ensure your rights are protected, and fight for the full compensation you deserve, despite any attempts to reduce your claim based on helmet use.
An attorney can counter the defense’s arguments by focusing on the other party’s negligence in causing the crash; however, if it’s determined that your injury was made worse because you weren’t wearing a helmet, the court might assign a percentage of fault to you.
Common Injuries in Motorcycle Accidents
There are various types of injuries one can sustain in a motorcycle accident, but some injuries are more common than others, including:
- Traumatic Brain Injuries: TBIs are among the most serious injuries motorcyclists can sustain. They often result in long-term cognitive impairments or permanent disabilities. Even if a rider is wearing a helmet, the impact of a crash can cause serious side effects that impact memory, speech, coordination, and the ability to live independently. A full recovery could take months or years or might not happen at all.
- Spinal Cord Injuries: Another devastating consequence of motorcycle accidents is spinal cord injuries. These injuries often lead to paralysis, which can result in partial or complete loss of motor function below the point of injury. This can lead to lifelong medical expenses, the need for assistive devices, and significant changes in quality of life. Rehabilitation is intensive, but many victims never regain full mobility.
- Fractures and Broken Bones: The force of being thrown from a motorcycle in an accident often results in fractures and broken bones. Common injuries include broken arms, legs, wrists, and ribs, which may require surgery and physical therapy. Compound fractures where the bone pierces the skin are particularly dangerous because they are susceptible to infection. These injuries are often painful and limiting.
- Road Rash: If a motorcyclist skids across the pavement during an accident, it can cause severe abrasions to the skin, also known as road rash. While this might seem like a minor injury, it can be incredibly painful and lead to serious complications. In severe cases, road rash can result in infection or nerve damage. Treatment often involves skin grafts, which can leave permanent scars.
- Internal Injuries: The impact of a motorcycle accident can cause serious internal injuries such as damage to the liver, kidneys, lungs, or spleen. These injuries might not be immediately apparent after the crash but can be life-threatening if left untreated. Internal injuries often lead to extended hospital stays and substantial medical costs, further complicating recovery for accident victims.
These motorcycle injuries emphasize the importance of taking preventative measures when riding a motorcycle. Additionally, teen driving laws can play a significant role if the accident involved a young or inexperienced driver. Teen drivers are often at a higher risk for causing accidents due to lack of experience and possibly poor judgment. If you find yourself experiencing severe injuries after a motorcycle accident, seek proper legal representation to increase the chances of recovering sufficient compensation. An experienced attorney can investigate all aspects of the case, including the role of negligent driving, and fight for the compensation you deserve.
How To File a Motorcycle Accident Claim
Filing a claim after a motorcycle accident involves many key steps to make sure your rights are protected, and you receive fair compensation. First, report the accident to the police and seek medical attention immediately. Document your injuries and gather as much evidence as you can from the scene, including photos and eyewitness contact information. Once this information is gathered, report the accident to your insurance company.
Avoid making detailed statements to others involved in the accident and your insurance company until you’ve spoken with an attorney. They can negotiate with insurance companies on your behalf to secure a fair settlement. Insurance companies often try to take advantage of victims of motorcycle accidents and get away with offering inadequate compensation, so having legal representation is vital.
Insurance adjusters might argue that you were partially at fault or that your injuries are not as severe as you claim in an attempt to minimize your claim. It’s important to avoid giving recorded statements before speaking with an attorney, as your words could be used against you later.
When selecting an attorney to represent you in a motorcycle accident case, experience makes a significant difference. Look for an attorney who has extensive experience dealing with the complexities of motorcycle accident cases. Your attorney should also be familiar with Louisiana motorcycle safety laws, including helmet and lane-splitting regulations.
Additionally, you should choose a lawyer who can advocate aggressively on your behalf. They should be prepared to negotiate and take the case to court if necessary. A skilled Denham Springs lawyer will be experienced in handling personal injury cases and will fight to secure the compensation you deserve. Your lawyer should also make you feel at ease and comfortable throughout the process, answering all of your questions in an easy-to-understand manner, so you never feel overwhelmed. Having a lawyer who truly cares about your well-being can make all the difference in the outcome of your case.
FAQs
What Do I Do if the Other Driver Claims I Was Speeding in a Motorcycle Accident?
If the other driver claims you were speeding in a motorcycle accident, you should gather evidence to prove that you were not speeding. This can be achieved by using witness statements, consulting individuals to recreate and analyze the accident, and accessing any available surveillance footage. If you can prove you were not speeding, the amount of compensation you could receive for your motorcycle accident could increase.
What if the Other Driver in a Motorcycle Accident Does Not Have Insurance?
If the other driver in a motorcycle accident does not have insurance, you may still be able to recover compensation. Many motorcyclists carry uninsured motorist coverage on their insurance policy, which can help pay for expenses if the at-fault driver does not have insurance or is underinsured. If you do not have this coverage on your policy, an attorney can help you explore other methods to recover compensation.
Can I File a Legal Claim if I Am Hit by a Driver While Lane Splitting on a Motorcycle?
Yes, you can file a legal claim if you are hit by a driver while lane splitting on a motorcycle; however, the amount of damages you can claim may be reduced significantly. Lane splitting in Louisiana is illegal, so you could be found partially or fully at fault for the accident. This does not prevent you from filing a claim, but the process could be more difficult.
Guidance at Every Step With an Attorney From Murphy Law Firm
The road to recovery can be difficult and lonely, but Murphy Law Firm is here to assist you. With our experienced team at your side, you can work towards healing. Schedule a consultation with Murphy Law Firm to reduce the uncertainty surrounding your motorcycle accident claim. We can answer any questions you have, inform you of your rights, and guide you on the next steps.
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