Best Motorcycle Accident Lawyers in Baton Rouge

FAQs

• What is the non-emergency contact number for the local police station in Baton Rouge, Louisiana?

  Dial 225-389-2000 to request non-emergency police service in Baton Rouge.

• Where can you get a copy of the police report for the accident in Baton Rouge, Louisiana?

  Traffic crash reports are available that the Baton Rouge Police Headquarters:

  Baton Rouge City Police 9000 Airline Highway Baton Rouge, LA 70815

  You may visit anytime from 8 a.m. to 4:45 p.m. on Mondays through Fridays. You may also call the Traffic Records Division at 225-389-3878 for more information.

• How much time do you have to file a legal claim after a motorcycle accident in Baton Rouge, LA?

  Baton Rouge, and the rest of the state of Louisiana, has a one-year statute of limitations for personal injury cases, which includes motorcycle accidents. This means you must file a legal claim or lawsuit within one year from the date of the accident. Failure to file your case during the time window may forfeit your right to seek the compensation you deserve. It must be noted that Louisiana’s statute of limitations does not affect any pending insurance claims.

• Is it possible to recover compensation from a motorcycle accident in Baton Rouge, LA, even if you’re partly to blame?

  Yes, according to CC § 2323 of Louisiana law, an injured party in a motorcycle accident in Baton Rouge may still recover compensation even if they are found to be partly responsible for the incident. This is because Louisiana is a comparative fault state, meaning the percent you were found to be at fault for will be subtracted from your settlement amount. For instance, if your share of blame for the incident is 20%, your award will also be reduced by 20%.

• Are all motorcycle riders required to wear a helmet in Baton Rouge, LA?

  All motorcycle riders in Baton Rouge, drivers and passengers alike, are required to wear a helmet. As stated under RS 32:190 of Louisiana law, “No person shall operate or ride upon any motorcycle, motor-driven cycle, or motorized bicycle unless the person is equipped with and is wearing on the head a safety helmet of the type and design manufactured for use by operators of such vehicles, which shall be secured properly with a chin strap while the vehicle is in motion.”

• Can a child ride a motorcycle with an adult in Baton Rouge, LA?

  Yes, children are allowed to ride a motorcycle with an adult in Baton Rouge and the rest of Louisiana, as long as they are at least five years of age, fit properly on the passenger seat, wear a helmet, and sit in a position that does not interfere with the driver’s control of the motorcycle. Any driving-age individual who takes a child under the age of five for a ride on a motorcycle will be subject to penalties for breaking the law.

• Can you hold the local government of Baton Rouge, LA, responsible if dangerous road conditions contributed to your motorcycle accident?

  Yes, a local government agency in Baton Rouge may be held responsible for a motorcycle accident resulting from hazardous road conditions, such as poorly maintained or constructed roads, improperly steep shoulder drop-offs, and faulty traffic lights. If it is found that the city failed to uphold reasonable and safe road conditions, you may be entitled to compensation from the negligent government agency for the injuries you sustained.

• What does a motorcycle accident attorney do?

  Motorcycle accident attorneys provide legal advice, negotiate with insurance companies, and represent accident victims in and out of court. They investigate the cause of collisions, establish fault, value claims, prepare legal documents, and fight to recover adequate compensation for their clients. Most lawyers in this practice area also handle car and truck accidents and other personal injury claims.

• What is my motorcycle accident injury claim worth?

  Injured motorcyclists may be eligible for several types of compensation depending on their losses, state of residence, and level of fault. Whether or not they were wearing a helmet may also come into play. A lawyer can help to evaluate claims based on medical expenses, property damage, past and future lost wages, loss of earning capacity, pain and suffering, and emotional trauma.

• How long after a motorcycle accident can you claim an injury?

  The statute of limitations for personal injury claims is typically two years from the date of the accident. However, each state has its own rules. In Tennessee and Louisiana, for example, victims of motorcycle accidents have just one year to file a lawsuit. In Maine, Minnesota, and North Dakota, individuals have up to six years to initiate a claim.

• What is the average settlement for a motorcycle accident injury?

  Based on eight years of national data, the average verdict in motorcycle accident cases ranges from $74,000 to $560,000. Also note that the majority of claims are settled out of court. Riders may receive compensatory damages for medical bills, property damage, and lost wages, as well as general damages for emotional trauma, pain and suffering, and loss of consortium. Additionally, in states that follow a comparative negligence model, the plaintiff’s claim may be reduced according to his or her level of fault.

• What is the first thing I should do after a motorcycle accident?

  The steps that you take immediately after a collision can be instrumental in proving an accident or injury claim. In general, you should follow these guidelines:

  • Gather insurance and contact information from the other driver and any witnesses.
  • Contact law enforcement to report the collision and complete an accident report.
  • Document injuries, property damage, and road conditions.
  • Visit a doctor or hospital within 24 hours.
  • Avoid discussing the accident with the other driver or their insurance company.

  
  

• How does the motorcycle injury claim process work?

  Motorcycle accident cases typically start with an insurance claim. After documenting their client’s losses and establishing fault, attorneys generally prepare a demand letter requesting compensation from the other driver’s insurance company. It can take anywhere from one to six months for insurance adjusters to make a settlement offer. If the company denies the claim or the parties can’t reach an agreement, the lawyer can prepare a notice of intent to sue and file a formal lawsuit with the appropriate court.

• How do many motorcycle crashes happen?

  The most common causes for motorcycle collisions are drunk driving, exceeding the speed limit, and left turns. In 42% of all motorcycle collision fatalities, another vehicle turned left in front of an oncoming motorcycle. Motorcycle accidents are also caused by dangerous road conditions, such as crumbling pavement, debris in the road, and potholes. Other factors that contribute to motorcycle accidents include unsafe lane changes, sudden stops, lane splitting, inexperienced drivers, motorcycle defects, and car doors opened in the path of a motorcycle.

• How many motorcyclists get into accidents?

  In 2017, of the over 8 million motorcycle riders that year, approximately 89,000 were injured in motorcycle accidents and over 5,000 motorcycle collisions resulted in fatalities. The fatality rate for 100 million miles driven is 25.67, which is largely attributed to the lack of helmet use. Most fatal crashes involving motorcycles happened during the heaviest traffic times between 3 p.m. and 9 p.m.

• Are motorcycles more dangerous than cars?

  Motorcycles are more dangerous than cars because they lack any protection for the rider in the event of an accident. Motorcyclists are 27 times more likely to die in a crash and more than five times more likely to be injured than those riding in enclosed vehicles. Because of their small size, motorcycles’ lack of visibility is a major contributing factor in collisions with other vehicles. Motorcycles are also more vulnerable to weather conditions and road hazards than other automobiles.

• How do you check a motorcycle after a crash?

  For a minor crash with no injuries, the immediate danger is being struck again by oncoming traffic, so moving your bike off of the road as soon as possible is imperative. Check your mirrors, brake lights, headlight, and controls. You should also check to make sure there is no leaking fluid, such as fuel or oil.