Among the many types of motor vehicle crashes, motorcycle collisions are the most dangerous. Motorcycle riders are fully exposed in an accident. They are not protected by safety features like seatbelts or airbags.

Most motorcycle traffic collisions result in injury or death to the rider. Motorcycle crashes usually involve a collision between the rider’s motorcycle and another vehicle. Motorcycle riders must be especially cautious when operating around passenger cars, buses or trucks. Unfortunately, no motorcyclist can completely avoid the risk of an accident – especially when the accident is caused by an at-fault driver who is disregarding Louisiana’s traffic laws.

If you or a loved one has been the victim of a motorcycle accident, you deserve to be compensated for the harm that you have suffered. Contact the injury attorneys at Tomeny | Best today for a free, no-obligation consultation. A dedicated Baton Rouge motorcycle accident lawyer can help you learn more about your legal rights and options.

There is no fee for our legal services unless we secure financial compensation on your behalf. To set up an appointment, call us or reach out to us online.

Steps to Take After a Motorcycle Accident

If you’ve been involved in a motorcycle accident in Baton Rouge, a lawyer could help you take these steps to protect your legal rights and options:

Call 911 to Alert First Responders

Immediately notify emergency personnel if anyone is injured. Be certain that responding police conduct an accident investigation. The motorcycle collision report identifies the parties involved; summarizes the findings of the investigating officer; notes if any motorists were cited for traffic violations or arrested for criminal conduct; and, in some instances, provides an opinion as who was responsible for the accident.

Get the Contact and Insurance Information of the Drivers Involved

If the police do not prepare an accident report, you should obtain the contact and insurance information of all the drivers involved in the accident yourself. That allows you to later make a claim against the insurance policy of the driver or drivers you believe were at fault.

Take Photographs or Videos of the Accident Scene

To show damage to the vehicles, skid marks on the road, road lines, traffic controls, and road/lighting/weather/traffic conditions.

Schedule a Medical Checkup With Your Family Physician or at an Urgent Care Center as Soon as Possible

Take this step even if you don’t feel as though you were hurt. Symptoms may not appear for hours, days, or even weeks following an accident. Prompt medical treatment will allow you to establish the severity of your injuries and also show they were the direct result of your accident. Otherwise, an insurance company may attempt to deny or downplay your claim.

Contact an Experienced Motorcycle Accident Attorney

Keep in mind that you have a limited time frame in which to file a personal injury lawsuit. The Louisiana statute of limitations for a personal injury lawsuit is one year from the date of the accident. Arrange a meeting with a knowledgeable attorney as soon as possible to ensure that your claim is vigorously pursued either through a settlement or in court.

When Insurers Try to Blame the Victim, Our Lawyers Fight for the Rights of Motorcyclists

Unfortunately, some motorists have a misguided perception of motorcycle riders as “outlaws.”

When motorcyclists get involved in an accident, other motorists may immediately assume that the rider caused the accident by speeding or engaging in careless or reckless behavior.

The insurance companies that represent the other driver or drivers involved in a motorcycle accident may argue that the motorcycle rider was at fault. The company will argue the motorcyclist exceeded the speed limit, split the lane, weaved in and out of traffic, or committed some other traffic infraction.

At Tomeny | Best Injury Lawyers, we know that most motorcycle riders know the risk of severe injuries. That’s why they are law-abiding and careful riders on Louisiana’s roads. Our Baton Rouge motorcycle accident attorneys will fight against any anti-biker bias that stands in the way of money damages from the at-fault driver or drivers.

Common Causes of Motorcycle Collisions

Motorcyclists in Louisiana understand the dangers that they face on the road. Motorcycles can be difficult to control, especially in poor road or weather conditions. To make matters worse, other drivers often disregard traffic laws and pay insufficient attention to motorcycles. As a result, motorcycle riders are often at high risk for accidents beyond their control.

The most common causes of motorcycle accidents that our Baton Rouge attorneys encounter include:

  • Speeding
  • Lane splitting – some drivers fail to give a motorcyclist the full width of a lane of traffic
  • Open doors – vehicle occupants may suddenly open a door into the path of a motorcyclist
  • Unsafe lane changes – a vehicle may collide with a motorcycle when the driver fails to check a blind spot before making a lane change
  • Left turns – drivers may fail to yield the right of way or misjudge distances when making left turns
  • Sudden stops – drivers may fail to appreciate that motorcycles can stop much more quickly than passenger vehicles, leading to rear-end accidents
  • Inexperienced drivers – newer drivers may not yet be on the lookout for motorcyclists or know how to observe or properly share the road with them
  • Driving under the influence of alcohol or drugs
  • Distracted drivers
  • Poor road conditions – broken pavement, potholes, or standing water on the road can easily lead to a motorcycle rider losing control
  • Defects – design or manufacturing defects in a motorcycle can lead to accidents

Why Are Motorcycle Accident Injuries So Severe?

As motorcycle accident attorneys in Baton Rouge know all too well, motorcycle riders tend to suffer far more severe injuries than those of the occupants of vehicles where a steel buffer offers some protection.

As a result, fully exposed motorcyclists can suffer accident-related injuries. Those injuries include:

Riders can also be crushed in an accident when caught between their motorcycle and another vehicle. Motorcycle riders can also be thrown from their bikes and suffer injury after a violent impact with the ground or nearby objects.

Proving Who Was to Blame for a Motorcycle Crash in Baton Rouge

It is foolish and unfair to assume a motorcycle rider was somehow at fault for an accident. Fortunately, it is often possible, to prove who actually is to blame. Key evidence can provide that answer.

Insurance companies or a judge or jury in a motorcycle accident lawsuit, often evaluate these factors:

  • Statements provided by the motorists involved in the accident
  • Any eyewitness accounts
  • The police accident report
  • Any traffic citations or criminal arrests arising from the accident
  • Pictures or video taken of the vehicles involved in the accident
  • Photos of the accident scene, and the injuries suffered by those involved in the accident
  • Accident reconstruction reports prepared by experts

What Are Louisiana’s Helmet and Motorcycle Laws?

Louisiana motorcycle laws require any person riding on a motorcycle, motor-driven cycle, or motorized cycle to wear a safety helmet. The helmet must be secured with a chin strap and must consist of a lining, padding and visor (unless the rider is wearing goggles). Any manufacturer who sells motorcycle helmets in Louisiana must have liability insurance.

In addition to wearing a helmet, motorcycle riders in Louisiana must obey the following motor vehicle requirements:

  • Any operator of a motorcycle must have the appropriate motorcycle endorsement on his or her license.
  • The motorcycle must have handlebars no higher than the operator’s shoulders and must have a regular and permanent seat for each passenger.
  • Riders must ride astride a motorcycle (one leg on each side).
  • Motorcycle riders may not ride on road lines or between lanes of traffic, except that two motorcycles may ride side by side in the same lane of traffic.
  • Motorcycles must pass on the left.
  • Motorcycles must use a standard headlight at night.
  • Motorcycle operators must have both hands on the handlebars when moving.
  • No person under the age of five may ride a motorcycle.

Calculating the Compensation Motorcycle Crash Victims Could Recover

If you are a motorcycle rider who is an accident victim in Louisiana, our Baton Rouge attorneys could see if you might be entitled to compensation. Louisiana motorcycle accident laws provide compensation for injured riders. The compensation includes:

  • Medical expenses, including hospital bills, surgeries, doctor’s office visits, physical therapy, prescription medication, mobility equipment, prosthetics, medical equipment, and home modifications to accommodate long-term or permanent injuries or disabilities.
  • Lost wages if you have to miss work during the recovery from your injuries.
  • Lost earning potential if your injuries prevent you from returning to your job or the kind of work that you used to do.
  • Pain and suffering, which is the physical and emotional distress caused by your injuries.
  • Lost quality of life arising from disabilities or disfigurement, or from the inability to participate in activities you previously enjoyed.
  • Property damage, including the cost to repair your motorcycle or the cash value of your motorcycle if it is totaled, as well as reimbursement for other personal property that was damaged.

In many motorcycle crash cases, calculating how much compensation that the victim should recover can be difficult. The reason: the injuries suffered by motorcycle riders are often severe and require long-term care. An injured rider may still be undergoing medical treatment while the claim is being resolved.

However, once the claim’s dollar amount is agreed upon, you cannot come back to the at-fault party and demand additional compensation. In other words, you only get one bite at the apple.

It is vitally important to have an experienced Louisiana motorcycle accident lawyer on your side. An experienced motorcycle accident lawyer can make sure that any settlement or judgment is fair and just. The lawyer can make sure the settlement compensates you for your past expenses and damages, and for any future losses that you are likely to have.

Why You Need a Baton Rouge Motorcycle Accident Attorney

When you’ve been injured in a motorcycle collision, Tomeny | Best Injury Lawyers can provide you with the legal representation that you need. Firm founder, attorney Frank Tomeny is a former insurance defense attorney. He will use his knowledge of the insurance industry, combined with his legal skills and experience, to successfully pursue your personal injury claims.

Tomeny | Best Injury Lawyers has a proven track record of results. We have secured millions in compensation for our clients. Frank Tomeny has been named as a Super Lawyer and has received the coveted AV peer-rating from Martindale Hubbell.

A skilled Baton Rouge motorcycle accident lawyer will take the time to understand your needs, concerns, and goals. We will aggressively pursue the at-fault parties who are responsible for causing your motorcycle accident. Give us a call today to learn more about what we could do for you.

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Choosing an attorney may be the most important decision you ever make. When you contact Tomeny | Best Injury Lawyers, we will listen to your story, go over your legal rights, and answer all your questions. You will leave our meeting knowing that you have made the right decision for you, your future, and your family.



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