Motorcycle accidents are less common than other forms of vehicle accidents, but they can be even more devastating to those affected. Due to the small size of a motorcycle, the rider can experience severe injuries that require a longer recovery. Protect yourself and your interests by working with a Baton Rouge motorcycle accident lawyer as soon as possible after a collision with a motorcycle or after colliding with another vehicle while on a motorcycle.
As a motorcyclist, you put yourself at risk every time you get behind the handlebars in Louisiana. You must be aware of everything around you at all times, as well as driving defensively around motorists who might not obey the rules of the road. Unfortunately, you can’t always avoid collisions. If you’re now recuperating from broken bones, a head injury, brain injury, road rash, spine injury, or other harm, come to the motorcycle accident lawyers at Murphy Law Firm. We’re on your side and can help you fight for fair compensation.
The importance of having motorcycle wreck lawyers and avoiding being an uninsured motorist becomes evident when considering the following statistics:
The total number of registered motorcycles in the state of Louisiana has risen from 55,800 in 2004 to 113,664 in 2017; this has caused the number of motorcycle wrecks to increase as well.
Motorcycle accidents in Louisiana generally involved people between the ages 20 to 29. The largest amount of motorcycle accident fatalities in Louisiana occurred in the year 2009 with 104 reported deaths, but in the most recent year of available statistics, 2017, 97 people died in motorcycle accidents.
The largest number of motorcycle accident fatalities in Louisiana were reported in the Lafayette, Jefferson, and Calcasieu parishes.
Motorcycle wrecks make up 8 to 10 percent of all auto accidents in Louisiana.
Out of 97 motorcyclists who died in 2017, 38 of those riders were drunk driving.
You can wear a helmet, buy top-rated safety gear, stick to the speed limit, and stay inside your lane… and still end up lying in the road with personal serious injuries. Sometimes you end up being a victim no matter how carefully you drive. Knowing what typically causes motorcycle accidents can help you stay out of harm’s way. The following are common causes of motorcycle crashes in Louisiana:
Drivers on the road present serious dangers to vulnerable motorcyclists, who suffer the most in collisions. Driver distraction, inattention, and carelessness cause thousands of motorcycle accidents each year. If a driver does not see an oncoming motorcyclist, the outcome can be disastrous. It is every driver’s duty to pay strict attention to the road at all times and treat motorcyclists with respect and due care.
Motorcyclists are much more sensitive to the conditions of the roadway than passenger vehicle drivers. A road defect that other vehicles can cruise smoothly over could cause a major motorcycle accident.
If your bike suffers a tire blowout, brake failure, or other malfunction that causes you to crash, consider whether the part has a defect. There could be recalls regarding your motorcycle model or the specific part. Even if no recall exists, seek help from our personal injury lawyers. If the product is defective, you might be able to sue the manufacturer for compensation.
There are many injuries one can sustain when you’re in a motorcycle collision. They include small scratches to more life-threatening injuries. Among the most frequently encountered injuries in motorcycle crashes are the following. If you experience any of these, you must promptly contact motorcycle injury lawyers for assistance at Murphy Law Firm.
While not a fatal injury, road burns can still do some serious damage by causing permanent scarring. Protect yourself by wearing protective pants and jackets when riding your motorcycle.
The ankles, collarbone, and feet are much more vulnerable to fractures than other parts of your body. Invest in protective motorcycle gear such as strong riding pants and sturdy boots in order to reduce your risk of breaking a bone.
These are even more prevalent in cases when motorcyclists do not wear a helmet. Avoid a concussion at best and a traumatic brain injury at worst by wearing a U.S. Department of Transportation certified helmet when hitting the road.
Nerve damage, fractures, and herniated discs: all of these can happen when a rider hits the pavement in a motorcycle wreck.
It’s a sad reality that many courts, including those in Baton Rouge, tend to have biases against motorcyclists. They see motorcycling as a dangerous activity and might think that riders assume these risks. It often takes a skilled personal injury attorney to defend injured motorcyclists and to stand up for their rights under law.
Don’t let an insurance claims adjuster place the blame on you or downplay the extent of your injuries. Retain a motorcycle accident lawyer for your best chance at maximizing damage recovery. Call (225) 928-8800 or fill out our contact form to get in touch with our team of motorcycle accident attorneys today.
Motorcycle accidents can result in significant injuries for the individuals involved. Compensation for these injuries can include:
A motorcycle accident can wreak havoc on the victim and their family, so it is important to speak with an attorney after an accident to learn more about what you might be entitled to.
If a loved one was killed in a motorcycle accident, you might still be able to file a wrongful death claim on their behalf. This type of claim is meant to compensate the family of the loved one after the victim’s passing. Wrongful death claims are typically eligible for the same types of damages as personal injury claims, but they could also recover expenses for the costs incurred by the victim’s funeral and burial.
Only certain individuals can file a wrongful death claim. If the late victim had children or was married at the time of the accident, then only those individuals can file a claim. If this does not apply, then the victim’s parents can file. Siblings and grandparents might also be eligible if the victim does not have any other surviving family. Relatives through adoption are also eligible to file a claim for the late victim.
Wrongful death claims can address the complications that losing a loved one might have on a family. For example, they might be able to recover damages for loss of companionship or loss of guidance if the victim was a parent or provided guidance to family members. They might also be able to recover damages for the financial impact of losing the victim’s earning capacity and how that might affect the household.
It is important to speak to an attorney as soon as possible after a death that was caused by a motorcycle accident, as Louisiana has strict limits to how long the family has to file a claim.
A motorcycle accident can affect your car insurance rates. How much they are affected depends on:
Insurance companies also take into account how often you drive to estimate your car insurance rate. To learn more about how a motorcycle accident could affect your rates, speak with a personal injury attorney.
One of the most important things to do if there is a motorcycle accident is to move the vehicles involved to a safe place if possible. Next, call 911 to report any injuries. Document the scene of the accident, and take photos and videos of the vehicles involved and their license plates. Stay at the scene so that you can receive a copy of the police report. After the accident, seek medical attention as soon as possible to make sure you know what injuries you sustained.
Most people should get a lawyer for a motorcycle accident. An attorney can reduce the stress of an accident by doing a lot of the paperwork and negotiating on your behalf. They are also experienced in gathering evidence. An experienced attorney can work with insurance companies to make sure you receive the damages that you deserve in a motorcycle accident. Schedule a consultation with a personal injury attorney to find out more about your motorcycle accident.
Most of the time, the other driver is at fault in a motorcycle accident. However, there are some rare instances in which the motorcycle driver is at fault, especially if it is determined that they were acting negligently or recklessly. It is possible that each driver involved in the accident was somewhat at fault for the accident. If this occurs, they might still be eligible for compensation for their injuries. For more information, contact a motorcycle accident attorney.
Insurance companies are more interested in protecting their profits than compensating victims for their injuries. This can make it difficult to advocate for your rights when filing a claim for a motorcycle accident. For assistance with your accident claim, schedule a consultation with Murphy Law Firm today. We’re experienced in earning damages for our clients so that they can recover without worrying about the financial impact of their injuries.
A.
Is cited for a violation of R.S. 14:98 as a result of the accident and is subsequently convicted of or pleads nolo contendere to such offense.
The limitation of recovery provisions of this Subsection do not apply if at the time of the accident, the other vehicle is not being operated and the vehicle is not in violation of the provisions of Chapter 1 of this Title.
B. Each person who is involved in an accident in which the other motor vehicle was not covered by compulsory motor vehicle liability security and who is found to be liable for damages to the owner or operator of the other motor vehicle may assert as an affirmative defense the limitation of recovery provisions of Subsection A of this Section.
C.If the owner of a motor vehicle, who fails to own or maintain compulsory motor vehicle liability security, institutes an action to recover damages in any amount, regardless of whether such owner or operator is at fault, and is awarded an amount equal to or less than the minimum amount of compulsory motor vehicle liability security, then such owner or operator shall be assessed and held liable for all court costs incurred by all parties to the action.
D. Each person who applies for a driver’s license, registers a motor vehicle, or operates or owns a motor vehicle in this state is deemed to have given his consent to be subject to and governed by the provisions of this Section. All persons who apply for the issuance or renewal of a driver’s license, motor vehicle title, or motor vehicle registration shall sign a declaration on a form developed by the Department of Public Safety and Corrections pursuant to rule and regulation that the person acknowledges and gives consent to the requirements and provisions of this Section and that the person will comply with all provisions of this Section and the Motor Vehicle Safety Responsibility Law. Proof of whether the person obtained or signed such declaration is irrelevant to the application of this Section.
E. Nothing in this Section shall preclude a passenger in a vehicle from asserting a claim to recover damages for injury, death, or loss which he occasioned, in whole or in part, by the negligence of another person arising out of the operation or use of a motor vehicle. This Subsection shall not apply to a passenger who is also the owner of the uninsured motor vehicle involved in the accident.
F.
G.
H. The provisions of this Part shall not apply to any vehicle which is legally parked at the time of the accident.
Acts 1997, No. 1476, §4, eff. Sept. 6, 1998; Acts 1999, No. 1085, §1, eff. Jan. 1, 2000; Acts 2003, No. 532, §1; Acts 2008, No. 921, §1, eff. Jan. 1, 2010; Acts 2014, No. 149, §1.
NOTE: See Acts 1997, No. 1476, §5(D)(2). The rate reduction day was the date on which the judgment in the lawsuit became final, May 8, 1998. Sections 2 through 4 became effective 120 days thereafter, Sept. 6, 1998.
A. In any action for damages where a person suffers injury, death, or loss, the degree or percentage of fault of all persons causing or contributing to the injury, death, or loss shall be determined, regardless of whether the person is a party to the action or a nonparty, and regardless of the person’s insolvency, ability to pay, immunity by statute, including but not limited to the provisions of R.S. 23:1032, or that the other person’s identity is not known or reasonably ascertainable. If a person suffers injury, death, or loss as the result partly of his own negligence and partly as a result of the fault of another person or persons, the amount of damages recoverable shall be reduced in proportion to the degree or percentage of negligence attributable to the person suffering the injury, death, or loss.
B. The provisions of Paragraph A shall apply to any claim for recovery of damages for injury, death, or loss asserted under any law or legal doctrine or theory of liability, regardless of the basis of liability.
C. Notwithstanding the provisions of Paragraphs A and B, if a person suffers injury, death, or loss as a result partly of his own negligence and partly as a result of the fault of an intentional tortfeasor, his claim for recovery of damages shall not be reduced.
Amended by Acts 1979, No. 431, §1; Acts 1996, 1st Ex. Sess., No. 3, §1, eff. April 16, 1996.
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