Best Motorcycle Accident Lawyers in Lafayette

FAQs

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

  For non-emergencies, you may call the Lafayette Police Department at +1 337-291-8600.

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

  You may obtain a copy of a crash report by filling out a request form, which can be found on the official website of the Lafayette Consolidated Government: https://www.lafayettela.gov/lpd/public-assistance/get-a-copy-of-a-report. Alternatively, the person involved in the crash can request a copy of the report from the Lafayette Police Department at 900 East University Avenue.

• Can you still recover compensation from a motorcycle accident in Lafayette, LA, even if you’re partially at fault?

  Yes, under CC § 2323 of Louisiana law, an injured party in a motorcycle accident may still recover compensation even if they are found to be partially responsible for the incident because of the comparative negligence rule. However, there will be a reduction in the amount that they will receive from the defendant, which is proportional to their share of the fault.

• What are you entitled to if your loved one died in a motorcycle accident in Lafayette, LA?

  In the event that a loved one passes away in a motorcycle accident, you may be entitled to recover both economic and non-economic damages resulting from the incident. The compensation may cover funeral and burial costs, medical expenses left to the family, benefits, and wages previously provided by the deceased, pain and suffering, and loss of consortium.

• Do all motorcycle accident cases in Lafayette, LA, lead to trial?

  Not all motorcycle accidents in Lafayette, LA, require the filing of lawsuits. In many cases, victims are able to obtain a favorable settlement without going to trial. Typically, victims file an insurance claim and request a payout based on their current and future damages. With the help of an attorney, they are able to present evidence to back their claim to the insurer representing the driver at fault, and they negotiate an agreement.

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

  The state of Louisiana has a very short one-year statute of limitations for personal injury cases, including motorcycle accidents. This means you must file a legal claim or lawsuit within one year from the date of the accident, or you risk losing the right to seek the compensation you deserve. However, Louisiana’s statute of limitations does not affect any pending insurance claims.

• Who can you sue for a defective motorcycle that caused an accident in Lafayette, LA?

  If you were found to sustain injuries in a motorcycle crash in Lafayette, LA caused by a defective part or product, it may be possible for you to hold the manufacturer or another liable party, such as distributors, responsible and recover compensation for your medical expenses and other losses. Additionally, if a repair facility made negligent repairs, and you have the evidence to prove that these contributed to your accident, you can also file a claim or lawsuit against the repair facility.

• 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.