The damages and injuries of a motorcycle accident can be devastating. Motorcyclists can be left with a totaled vehicle, extensive medical bills, and life-altering injuries. When a motorcycle accident happens, and it is not the fault of the motorcyclist, they deserve to obtain financial stability by recovering for their losses. A New Orleans motorcycle accident lawyer can help motorcyclists and their loved ones hold an at-fault party accountable for their carelessness.
Motorcycles are fundamentally different from passenger cars, with fewer safety precautions and no crumple zones for riders. When a motorcycle hits a car or object, the motorcyclist is often thrown from the vehicle. This can result in them suffering the impact twice as they hit the ground after the collision.
When you are in a motorcycle accident, you are more likely to suffer severe and even fatal injuries. The support of a motorcycle accident attorney can help you and your loved ones stand up for your financial interests against the other party’s insurance provider.
Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C.: Protects Victims of Motorcycle Accidents
When your injuries were caused by the negligence of another party, you can recover the cost of your damages. The attorneys at Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C. can help you get the compensation that you deserve. For over 70 years, our firm has protected injured individuals in our communities and helped them protect their futures. Our attorneys have over 150 combined years of experience, mostly in personal injury law.
Motorcycle accidents have unique considerations that aren’t present in other motor vehicle collisions. It’s important to find an attorney who understands the laws associated with riding motorcycles and knows how insurance companies frequently treat motorcyclists after an accident. Our firm has the experience and understanding that you need after a crash. We help you recover the compensation you deserve.
Liability in Motorcycle Accidents in New Orleans
Who is liable in a motorcycle accident will be dependent on the specific collision and its circumstances. Often, either a passenger car driver or a motorcyclist is fully or partially liable for the crash, although there are cases where a third party is responsible. This third party may include a product manufacturer, a mechanic, or a governmental agency.
When a driver or motorcyclist causes the accident, then the injured parties can file their insurance claims with the insurer of the at-fault party. Liability in these accidents is usually based on negligence. A driver may be negligent because they failed to check their blind spot, and they can be held liable for that negligence when their failure causes an accident, and the motorcyclist is injured.
Insurance providers investigate the scene of an accident to determine the at-fault party. The legal support of an attorney ensures that there is another third-party investigation. This can prevent you from being found at fault for a collision that you didn’t cause or prevent you from being determined to bear more fault in the crash than you did.
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What Are Common Injuries in Motorcycle Accidents?
Motorcyclists face the potential for catastrophic and fatal injuries and can suffer a range of minor to severe injuries. Some common injuries in these crashes include:
- Abrasions, cuts, and road rash
- Contusions
- Nerve damage
- Broken and fractured bones
- Head and facial injuries
- Neck and back injuries
- Serious burns
- Post-traumatic stress disorder (PTSD)
- Spinal cord injuries, including paralysis
- Traumatic brain injuries, including concussions
- Amputations and limb loss
- Death
The severity of an injury is a crucial aspect of how much compensation you can recover in a claim. Minor injuries that take less time to heal will not require you to take much time off work, will have lower medical costs, and will likely not impact your life much. This makes the overall compensation much lower, because there are fewer damages to cover.
More serious injuries can disable you and prevent you from working. More significant compensation is needed to address the immediate and long-term financial consequences of these injuries.
Common Causes of Motorcycle Collisions
Understanding the cause of motorcycle accidents could help drivers and riders be safer out on the roads. The cause of a collision is also crucial to determine which party is at fault. Some of the causes of these crashes include:
- Distracted driving
- Fatigued driving
- Speeding
- Inexperienced drivers
- Reckless driving
- Aggressive driving
- Failing to follow road laws
- Poorly maintained vehicles
- Defective car equipment
- Dangerous road conditions like uneven pavement
- Inclement weather and low visibility
If the cause of the accident was the failure of a car component, there are several potential liable parties. The driver or the owner of the vehicle may be liable for failing to maintain their vehicle when they were aware it was needed. The mechanic who performed maintenance may be liable if the maintenance was insufficient or improperly completed. The manufacturer of the car component may also be liable if the equipment was unreasonably dangerous or defective.
A skilled attorney is helpful in investigating the cause of the accident and the party or parties who may be liable.
What Compensation Can You Recover in a Motorcycle Accident?
When you are injured in a motorcycle accident, it can be very frustrating. An accident claim has the potential to give you some financial stability in the face of numerous losses and bills.
If you can prove a driver or another party entirely liable for the collision, then you could recover the entirety of your damages in a claim. What these damages are varies between accidents but could include both economic and non-economic compensatory damages.
Economic damages are your losses that have a financial value. This includes:
- Medical Bills: This covers your outstanding medical bills, the expenses you will have in the immediate future, and your long-term medical and at-home care. If your injuries have expected future complications, you can also recover these costs. Medical expenses may include the cost of surgeries, transport to the hospital, medication, prescription medical devices, mobility aids, and physical therapy.
- Lost Wages: This compensates you for the time you could not work while you took a short period of time to recover from your injuries and/or the time you could only work partial hours.
- Lost Future Earnings: When you are disabled, your claim can compensate you for the wages you should have earned were you not injured. Whether you must take on other work, are earning less than you would have if you had not been injured, or cannot work at all, these are all compensable losses.
- Property Damages: This compensates for the expenses needed to repair or replace your property, which may include your motorcycle, your protective gear, and other important items on your person that were damaged or destroyed.
Non-economic damages are your losses that are subjective and cannot be easily quantified. These damages include:
- Pain and suffering
- Loss of consortium
- Disfigurement and scarring
- Loss of quality of life
- Emotional trauma
- Mental anguish
- Loss of enjoyment of life
Punitive or exemplary damages are rare but may be possible if your claim goes to litigation and the at-fault party acted with reckless disregard for the safety of others while driving under the influence. These damages are awarded to you with the intention of punishing the at-fault party rather than making up for your losses.
Wrongful Death Claims in New Orleans
Motorcycle accidents often result in the death of the rider or catastrophic injuries that lead to death. When this occurs, surviving family members can file a wrongful death claim. This can recover certain financial and emotional losses like:
- Loss of financial support
- Reasonable funeral costs
- Burial or cremation costs
- Loss of benefits
- Loss of companionship or consortium
Losing a loved one in a motorcycle accident is a devastating situation. It can feel like the wrong time to think about legal action, but it can provide certain benefits. A claim for wrongful death can give families the necessary financial support after numerous losses they should not have sustained. It can also help families hold the at-fault party responsible for the negligence that caused their loss.
What If I Am Partially at Fault for the Accident?
If you are partially at fault for the accident, you can still recover partial compensation for your injuries. This is the rule of comparative negligence. The amount you are liable for will affect your compensation, but you can recover damages as long you are not the only liable party.
When multiple parties are partially liable, each party’s portion of fault must be determined. If the claim is handled through insurer negotiation, it is typically the involved insurance providers and attorneys that will determine the percentage fault of each party. If the claim is handled through litigation, the court will investigate to determine the percentage fault.
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Your final settlement will be reduced by your percentage fault in the collision. If you are found to be 60% liable for the accident, then your final settlement will be reduced by 60%, and you can only recover 40% of your total damages. This limitation only does not apply if you were partially at fault, but the other at-fault party intentionally caused the injury.
The support of an attorney is especially important if you were partially to blame for a crash. An attorney can provide another investigation to counter inaccurate claims made by insurance providers. In negotiation or litigation, your attorney will argue to limit the percentage you are determined to be at fault, presenting evidence to support this. If an attorney is able to minimize your portion of the fault, then you can recover more compensation.
FAQs:
The value of a motorcycle accident settlement relies primarily on the value of economic and non-economic damages you suffered as a direct result of the accident. The more serious and life-altering injuries you have, the higher your settlement is likely to be to compensate for those losses. It may also depend upon how much insurance coverage is available.
Your settlement value is also dependent on your own percentage fault liability and the amount of evidence you can present to show which party was at fault. Having legal representation also benefits your claim significantly.
There are many abilities you want your motorcycle accident lawyer to have, including:
- Knowledge of governing laws at the federal and state level
- Negotiation skills against corporate insurance providers
- Accurate and fair calculation of damages common in motorcycle accidents
- Effective communication with their clients
- Compassion and respect for their clients
- Seeks fair compensation aggressively
- Litigation skills and knowledge of the civil court system
You benefit significantly by finding an attorney with years of experience in motorcycle accident claims.
f there is a motorcycle accident, you may want to:
- Move yourself and your vehicle out of the road, if possible, but avoid moving those who are injured
- Avoid removing your helmet if you believe you were injured in the head or neck
- Call emergency responders to report the accident and any injuries
- Exchange insurance and contact information with any drivers that were involved
- Receive medical attention
- Provide a police report
- Document the scene and note the contact information of any witnesses
- Take photographs at the scene of the accident and of any injuries you suffered
- Get in contact with an attorney
You are not required to have a motorcycle accident attorney in Louisiana to file an insurance claim, but an attorney is strongly encouraged and can provide you significant benefits in a claim. An attorney is able to handle the investigation of your accident, calculate of your damages, and negotiate with the insurance provider. While your attorney does this and keeps you updated, you can rest and heal. Your attorney improves your chances of securing the most compensation that is possible..
Experienced Legal Support in New Orleans After a Motorcycle Collision
After a motorcycle accident, it is important to act quickly. There is a short window of time to file a civil claim, and insurance claims often must be filed even sooner. If you miss these deadlines, you will be unable to get the compensation you deserve. Finding an attorney quickly will give them more time to investigate and build the strongest case possible.
At Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C., we want to help you through this strenuous situation. We understand how difficult this can be on families, and we work to bring you the compensation you and your family need. Contact our team today.
