Lake Charles Motorcycle Accident Lawyer

Lake Charles Motorcycle Accident Attorney

Motorcycle collisions leave motorcyclists with severe, disabling, and even fatal injuries. When individuals survive these injuries, they are left with substantial medical bills while being unable to earn income. When you are involved in a motorcycle accident that was not your fault, you should not have to be responsible for these costs. A Lake Charles motorcycle accident lawyer can investigate and gather evidence to support your claim for personal injury compensation.

Sanchez Burke, LLC: Protecting Your Rights After a Motorcycle Accident

Motorcycles are smaller vehicles, which can make them harder to see on the road. Drivers need to take care to remain alert on the road. When passenger vehicles and motorcycles get into an accident, the consequences are much worse for the motorcyclist. The physical and psychological consequences of these injuries can impact motorcyclists for the rest of their lives.

When you are not to blame for the crash, you deserve to recover the financial and nonfinancial losses you have sustained. The team at Sanchez Burke, LLC wants to help you file a claim and secure a fair and complete financial recovery. We have more than 60 years of collective legal experience and can leverage this knowledge to fight for the ideal outcome in your case.

Insurance companies are not easy to deal with, particularly when you are injured. They often try to claim that you take on a level of risk simply by riding your motorcycle. When you work with our firm, we handle negotiations and discussions with the insurer. Our goal is to help you get the financial support you need to physically recover as much as possible and maintain financial stability. We hold the at-fault party and their insurer accountable.

Understanding Fault in a Motorcycle Collision

After a collision, the insurance companies of all drivers or riders involved will investigate the scene of the crash to determine fault. Injured individuals can file claims with the insurance provider of the party who was at fault. These insurance claims can recover numerous costs, including medical bills, property damage, and lost income.

Determining fault is an important part of the claims process. The at-fault party is typically a driver or rider involved in the accident due to a negligence action or inaction or because of misconduct. In rare cases, a third party is to blame, such as a vehicle parts manufacturer. In order to hold a party liable on the basis of negligence, the following must be proven:

1. Duty. The party owed you, the injured party, a duty of care. The level of duty of care may vary depending on the at-fault party.
2. Breach. The party breached this duty of care by acting in a manner that is considered unreasonable and negligent.
3. Causation. The breach of duty caused the accident. Many individuals breach duties of care, but a claim is possible when a negligent action causes harm.
4. Damages. The accident caused your injury and other recognizable damages.

When you work with an attorney, you ensure a third-party investigation of the accident. All insurers will be concerned with mitigating their own liability, and are not looking out for your interests. Working with an attorney enables you to defend your rights and consider your own financial future. An attorney can recover proof of liability, helping you recover damages in a claim.

What Are Common Causes of Motorcycle Crashes in Lake Charles?

The cause of an accident is important for determining the at-fault party. Drivers or riders can be negligent or engage in misconduct in the following ways:

• Driving while distracted.
• Aggressive driving, such as tailgating or not using a turn signal.
• Lane-splitting.
• Failing to get needed vehicle maintenance.
• Failing to yield the right-of-way.
• Otherwise, failing to follow the laws of the road.
• Speeding or driving too fast for the road and weather conditions.
• Driving under the influence of drugs or alcohol.

Other causes of motorcycle accidents include inexperienced drivers, poor visibility and inclement weather, road construction and other poor road conditions, and defective or dangerous car or motorcycle parts.

All drivers and riders on the road have a duty of care to act with the safety of others on the road in mind and be reasonably cautious. Drivers have a responsibility to drive safely and defensively. When a driver or rider fails to do so, they can be held responsible for the damages they cause.

What if I Am Partially at Fault for a Motorcycle Accident?

If you were partially to blame for the motorcycle accident, you may still be able to recover partial damages. Louisiana uses comparative fault laws for injury claims. This means that each party will be financially and legally responsible for their percentage of fault. If you were 25% liable, you are responsible for 25% of the damages.

During negotiations, the insurer of the at-fault party will likely try to use your partial fault to deny you any compensation. An attorney is exceptionally useful in these situations. They can take the case to court, where the percentage fault of each party will be considered. As long as you are not 100% to blame for the crash, you can recover a portion of your losses.

Comparative fault does affect your final settlement. If the court determines you are 25% liable, then you will only receive 75% of your full compensation. In motorcycle accidents, your injuries are typically much more serious than those in a passenger vehicle, so even a portion of compensation is often significant. Additionally, it is rare that the driver has substantial damages to recover.

Insurers may try to claim that you are partially to blame for your injuries due to a lack of safety gear. You need an attorney with experience in motorcycle cases who knows how to negotiate these claims. If your negligence partially caused the crash, an attorney could help you understand your options for recovering compensation.

Recoverable Damages in a Motorcycle Claim

The damages you can recover in a motorcycle accident claim are dependent on the damages that you suffered as a direct result of the accident. Some of the damages you could recover from an insurance or civil claim in Lake Charles include:

• Existing and future medical bills.
• Anticipated medical costs, including those for expected complications.
• Long-term care needs, including mobility aids and home modifications.
• Lost wages during the period of recovery where you could not work.
• Lost earning capacity or disability payments if you cannot return to gainful employment full-time or at all.
• The costs to repair or replace damaged property, including your motorcycle.
• Non-economic damages, including subjective emotional and psychological losses like pain and suffering, emotional trauma, loss of enjoyment of life, disfigurement, and loss of consortium.

If you were injured by a driver who was under the influence, you may also be able to recover punitive damages, called exemplary damages, in Louisiana.

FAQs About Lake Charles, LA Motorcycle Accident Laws

How Much Are Most Motorcycle Accident Settlements?

The value of a motorcycle accident settlement depends on the injuries sustained, the value of their losses, and each party’s percentage of fault in the accident, among other factors. Each accident settlement is unique, and it is important to work with an attorney to ensure you calculate the complete extent of your losses, present and future. Other factors will influence the final payout, including whether the case goes to court and how much evidence proves your case.

How Long Does a Motorcycle Accident Lawsuit Take?

Motorcycle accident lawsuits take varying amounts of time, depending on their complexity. When the lawsuit is settled in negotiations, it typically takes less time than a case that goes to trial. The severity of injuries also influences the timeline. Motorcycle accidents tend to result in catastrophic and serious injuries. Injuries need to be as healed as possible before a fair settlement can be calculated and secured. Be aware that a quick settlement is not always in your interests.

What Should You Not Do After a Motorcycle Accident?

You should not admit fault after a motorcycle accident. If you drive a motorcycle, it is likely you will need immediate medical care, and this will take priority over a report of the accident. When you are asked to provide a police report, stick to the facts and do not speculate about the cause of the crash. You should then get in contact with a motorcycle accident attorney and never file a claim or deal with an insurer without legal representation.

Who Is Usually at Fault in a Vehicle/Motorcycle Collision?

Every vehicle/motorcycle collision is different, and so there is not a usual at-fault party. It takes a thorough investigation to determine the cause of the accident and which party acted negligently. Either a driver or a motorcyclist may be partially or fully to blame for the crash for actions such as speeding, reckless lane changes, failing to yield the right-of-way, and other careless actions. More serious issues like driving while intoxicated can also be the reason.

Navigating a Motorcycle Accident Claim and Protecting Your Rights

The support of an attorney can help you file your case, calculate your losses, investigate fault, and generally make the entire process easier on you. You don’t have to deal with complex legal issues alone. At Sanchez Burke, LLC, we want to help you advocate for your rights and get the financial support that you deserve. We understand the stress, frustration, and pain following a motorcycle collision. Our goal is to help you recover. Contact Sanchez Burke, LLC today.