Being a motorcyclist can be fun and liberating, however if you get into an accident, the situation can quickly become complicated. If that happens to you, it’s important to speak with a qualified Baton Rouge motorcycle crash lawyer right away so that you have the best chance of getting a fair outcome. It’s always better to take precautionary measures rather than dealing with the consequences later.
Motorcycle mishaps can lead to serious traumas. To learn more about motorcycle wrecks and how a knowledgeable Baton Rouge motorcycle accident attorney can help you, it might be worthwhile looking into the subject more.
Riding a motorcycle in Baton Rouge is always an enjoyable experience, mainly due to its pleasant weather. Unfortunately, it can also be very dangerous and lead to devastating accidents resulting in severe injuries for local residents. Motorcycle accidents can be particularly hazardous as riders are more exposed than those in a vehicle. In comparison to other types of accidents, the risk may be much greater for motorcycle riders.
Given the serious nature of motorcycle collisions, it is more than likely that victims will suffer catastrophic injuries and fatalities. For those affected by such an accident, retribution and compensation can be obtained. The first step in this process is to locate a top law firm with a knowledgeable motorcycle accident attorney capable of delivering justice.
At Wright & Gray, our lawyers are well-prepared to handle the complexities of motorcycle crash cases. We understand how tough it can be and we’re here to fight for you in your time of need.
Explaining Motorcycle Accidents
Motorcycle collisions can affect anyone involved: from the riders, passengers, to pedestrians and occupants of any other vehicle present. As such, motorcycle accident victims can be either motorcycle riders or their passengers, or even bystanders.
Despite motorcyclists making up such a small percentage of all vehicles on the roads in the US, they unfortunately suffered 5,014 fatalities in crashes in 2019 alone. Motorcyclists without helmets and other safety gear are especially at risk of severe injury or death in an accident, which explains why this figure is so high. Without adequate protection, the rider can be thrown onto the hard ground when an accident happens.
Motorcycle crashes can take many forms, similar to other auto accidents. These include:
- Head-on collisions
- Left-turn motorcycle accidents
- Motorcycle lane switching/splitting accidents
- No-contact motorcycle accidents
- Motorcycle collisions with stationary objects
- Single-bike motorcycle accidents
- Rear-end accidents
Motorcycle crashes are extremely dangerous and can lead to serious injuries. The most common traumas inflicted on victims of such events include:
- Arm fractures
- Spinal cord injuries
- Nerve damage
- Permanent nerve damage
- Traumatic brain injuries
- Other head injuries
- Broken ribs and bones
- Internal bleeding
- Organ damage
- Road rash
- Knee injuries
Sadly, motorcycle accidents are often fatal and the statistics prove this. These collisions can lead to different types of injuries, some of which can be fatal right away or even in the process of treatment. It is essential for motorcycle accident victims to seek medical attention following a crash, in order to mitigate any potential health issues.
What Are the Causes of Motorcycle Accidents?
Motorcycle accidents are on the rise and can usually be attributed to a variety of factors, especially human-related errors. In this article, we’ll examine some primary causes of such unfortunate incidents.
- Careless Lane Changes: Negligent lane-changing is a frequent cause of motorcycle accidents as drivers tend to overlook their blind spots don’t signal when changing lanes. Without taking the necessary precautions, these situations are likely to lead to crashes.
- Speeding: By driving faster than the legal speed limit, drivers motorcycle riders are significantly increasing their risk of causing a motor vehicle accident. Therefore, it is important to obey speed limits at all times to minimize this danger. Furthermore, exceeding the speed limit can be hazardous because it reduces reaction time which is essential for responding to unexpected traffic conditions. This can increase the chances of getting into a crash.
- Drunk Driving: Intoxication due to drugs or alcohol is a major issue when it comes to road safety. Not only does it impair the driver’s ability to react and make decisions, but it can also negatively affect their awareness of the environment around them.
- Bad Roads: Motorcycles accidents in Baton Rouge are not only caused by reckless drivers, but also by hazardous road conditions. If an accident was due to poor roads, you could be unable to bring a successful legal case forward. To pursue legal action, the accident needs to involve a participating party who may be partially responsible due to actions such as excessive speed.
- Inexperienced Drivers: The majority of people have a mistaken idea that motorcyclists don’t need the same skill and experience as car drivers. But the fact is, an amateur motorcycle rider can be just as risky as a car driver with little to no experience. This is because their choices could be hazardous and put themselves, as well as other drivers, in danger.
Connect with a Baton Rouge Motorcycle Accident Attorney
Wright & Gray is dedicated to assisting anyone impacted by a traumatic motorcycle accident. We are here with all the support, tools and monetary compensation you need to recuperate and rebuild your life. We understand how tough these times are and that’s why we want to do our best to take care of your well being first. To show our solidarity, we are giving free consultations so you can make a well-informed choice while working with us to resolve your case.
Who Is Liable in a Motorcycle Accident?
Blaming the motorcyclist isn’t always accurate when it comes to a motorcycle crash. It is essential to determine fault and any other liable parties, as it is in all types of accident scenarios. Making incorrect assumptions can cause significant problems for those involved. Having someone to be held accountable is essential when it comes to motorcycle accidents in Louisiana. This is because the state follows the fault system which means that whoever caused the accident must make restitution for whatever losses were incurred by the victim.
Motorcycle accidents can involve multiple parties, such as the rider, other drivers, motorcycle producers and even highway/traffic safety groups, who could all be held accountable.
The Motorcycle Rider
Motorcyclists hold a huge position of responsibility when it comes to road accidents. They are in control of the motorbike, so their actions and decisions can largely influence any kind of crash they might be involved in. Thus, they are often held liable for negligence or reckless behavior while riding a motorcycle. An instance of this would be when the driver was either driving too quickly or while under the influence of drugs or alcohol – both punishable offenses.
Both private and commercial drivers can be held responsible for motorcycle accidents if negligence is a factor. It’s not necessary for there to be any physical contact between the car and the motorcycle, as an accident could still occur due to a driver’s careless behavior. In a situation of no-contact accident, consider the scenario of a bus driver driving recklessly. The motorcyclist has to take evasive action to evade hitting the car. If this maneuver results in an unfortunate event, then the vehicle driver will be responsible for it.
The Motorcycle Manufacturer
Accidents can sometimes result from a defective motorcycle, be it due to an issue with one of its components such as the brakes, pedals or wheels. Therefore, even the most minor fault can lead to a collision. Should this occur, the makers of the bicycle would be held responsible for the mishap.
Recoverable Damages in Baton Rouge Motorcycle Accident Claims
Accidents involving motorbikes can be costly in terms of various monetary damages. Yet, this is not the only aftermath of a motorcycle accident you may also experience physical trauma or damage to your vehicle. Fortunately, you have the right to seek recompense from those responsible for any loss suffered.
- Medical Bills: Motorcycle accident victims are often in need of medical attention for their injuries. Any money you may spend at the hospital can be completely recovered once you’ve received proper medical care. In situations where future medical attention is required, there are options available to help with the costs. If you want to be adequately compensated, your medical documents are essential. With them, you can get the appropriate bills as well.
- Lost Wages: Motorcycle crashes can often result in an inability to work, leaving the injured with no wages. Fortunately, you may be able to file a lawsuit and obtain compensation for any wage loss you incurred due to the accident.
- Property Damages: Motorcycle accidents can be devastating, with the potential to cause property damage or loss. Items such as mobile phones and wristwatches are particularly vulnerable in such incidents. In addition, the crash could lead to your property becoming either missing or damaged. Regardless of the situation, you can retrieve the cost of such property from the responsible party.
Motorcycle accidents can entail much more than just financial losses. The emotional and psychological toll resulting from a collision can be immense, and is often hard to assign a monetary value to. Fortunately, experienced personal injury lawyers are skilled in quantifying such non-monetary damages, allowing you to receive the full compensation you deserve.
- Pain and Suffering: When it comes to the effects of an accident, physical pain is one component, and emotional suffering is another. In terms of emotional suffering, this can refer to worries, grief, nervousness, depression or mental anguish that you may experience following the accident. Humiliation is also a type of emotional suffering that can come after such an event.
- Loss of Consortium: If you were to tragically lose a partner due to a motorcycle accident, you may be eligible for damages related to the loss of spousal benefits such as companionship, sexual relations, comfort, care and love.
What Is the Statute of Limitations for Baton Rouge Motorcycle Accidents?
Almost all civil lawsuits are subject to the Statute of Limitations, meaning that a plaintiff has a predetermined amount of time to file their claim. This statute is put in place so that there is an expiration date on legal proceedings; it also encourages parties to take prompt action. It is essential to initiate legal proceedings as soon as possible before memories and evidence start to degrade. This way, the court can be provided with fresh and acceptable material.
In Baton Rouge, motorcycle accident claims have the same Statute of Limitations as all other Louisiana personal injury cases. This means that any legal action must be taken within a certain time frame in order to be heard by the court. Louisiana has one of the most stringent Statutes of Limitations. Motorcycle collision claims must be filed in Baton Rouge within an incredibly short time frame, just one year from the date of the incident.
Besides, there is a specific time limit for filing property damage and injury claims. If this deadline isn’t met, the courts might not consider the case and your claim could be rejected. Sadly, motorcycle accidents may sometimes result in fatalities as well. When a person dies due to negligence, the family or estate of the deceased can seek legal recourse by filing a wrongful death lawsuit.
Wrongful death claims in Baton Rouge must be filed within a year, and hiring an experienced attorney can make sure you don’t miss the deadline. Motorcycle accident lawyers are particularly important since the law only provides exceptions to the 1-year statute in unusual cases, such as when there’s evidence of fraud or neglect.
- The plaintiff was a minor at the accident date
- You discovered the injury after the accident date
- The fault party was unknown