Motorcycle Accident Lawyer New Orleans

Motorcycles lack the protection that other vehicles do and even if operated safely, with the proper equipment, they can be very risky. Motorcycles are light, small, and agile compared to other vehicles, and even if these are some of the strengths of cruising on a crotch rocket, these reasons could also be to their detriment. 

Data compiled by Louisiana State University found that in 2018, there were 1,247 injuries as a result of a motorcycle crash in 2018 and 79 fatalities. Both of these numbers have decreased from the previous year. If you’re involved in an injury because of the negligence of another, then you could be entitled to damages in your motorcycle accident case. 

Negligence in a Motorcycle Accident

If someone behaves in a thoughtless or reckless manner while operating their vehicle that causes injury or property damage to another individual, then they liable for their negligence. Drivers have to practice safe driving habits to avoid injuring other travelers and when they don’t they’re held liable for the damages incurred by their victims. 

Operating a motorcycle while under the influence of alcohol or drugs will negate the negligence of other parties so it’s essential that motorcycle drivers operate safely as well. Swerving cyclists can cause accidents as well and if a motorcyclist is found to be partially negligent for their accident, then the percentage of negligence for which they are responsible will be deducted from the total amount of their claim, assuming that negligence is equal to or less than 50%.  

To establish the negligence the victim or plaintiff must prove the following:

  • The defendant acted in a way that was careless or unreasonable and was not careful

  • The defendant’s conduct caused the plaintiff’s injuries or property damage

  • The plaintiff suffered losses, damages, or injuries. 

Motorcycle Accident Damages

Louisiana Civil Code 2315 states that “any act that causes damage to another obliges him or her by whose fault it happened to repair it.” These damages include:

  • Societal loss

  • Consortium loss

  • Mental anguish

  • Medical Expenses

  • Property damage

  • Exemplary loss

Calculating Motorcycle Accident Case Damages

Damages in a motorcycle accident case are normally broken into two categories:

Economic Damages

Economic damages, also known as special damages, can be measured and exactly calculated. These damages include lost earnings, regardless of past, present, and future when connected to injuries caused by the accident including perks and benefits, medical expenses, property damage, and other monetary losses. 

Non-Economic Damages

Some damages you incur due to being involved in an accident aren’t as easy to monetize like pain and suffering, mental anguish, post-traumatic stress, and the loss of quality and enjoyment of life. It’s hard to put a monetary value on your life and this is where having an experienced attorney can help make deals between you and the plaintiff’s legal team on how to accurately monetize your suffering. 

Common New Orleans Motorcycle Accidents

Louisiana statue 32:191.1 stipulates that all motorcycles have the full usage of a lane and no motor vehicle should hinder a motorcycle’s full usage of that lane and any vehicle that does so can be held liable in the event of a crash. 

The following instances are some of the common causes for and reasons to consult with a Jefferson Parish motorcycle accident attorney:

Head-On Collisions

Collisions with other vehicles account for more than half of all motorcycle accidents and a collision between a motorcycle and another automobile could be fatal. Motorcycles are smaller vehicles and can accelerate faster than other vehicles, often making them harder to see. 

Left Turn Accidents

When a motorcycle is passing an intersection, trying to overtake a vehicle, or passing a vehicle, they can go unseen by car drivers leading to very dangerous crashes. Illegally passing another vehicle within the same lane will make a motorcyclist liable in their accident case so it’s important to operate your motorcycle safely, responsibly, and according to the rule of law. 

What should I do if I’m involved in a motorcycle accident in New Orleans?

If you’ve involved in an injury, then complete the following steps:

  • Check yourself for injuries and contact medical authorities
  • Ask for assistance if you’re unable to move or suffered severe injuries
  • Avoid admitting fault when discussing the details of the accident
  • Gather witness contact information
  • Get a copy of the police report
  • Document everything including photos and videos of the scene and nearby settings
  • Exchange insurance and contact information with the other driver
  • Contact a professional personal injury attorney in New Orleans to support you in filing a claim

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