A reckless driver can hit anyone, and a motorcycle cannot protect a rider the way a car or truck’s steel frame can. Additionally, proving liability in Baton Rouge motorcycle accident cases can be more difficult for motorcyclists than regular motorists.
Our experienced motorcycle accident attorneys know that bias against motorcyclists can negatively affect the outcome of their cases. If you or a family member sustained injuries in a motorcycle accident, you need an attorney that you can trust to understand your challenges.
Who Determines Liability?
When a motorcycle wreck case in Baton Rouge goes to trial, a jury or judge determines who caused the accident and assigns fault percentages to each party. Since accident survivors generally file insurance claims, most car crash cases do not go to trial. This saves time and money, but it also gives the insurer some power over the process.
An insurance company will assign a claims adjuster or representative to investigate an accident and estimate percentages of fault. Insurers can use software, algorithms, and company policies to avoid or reduce paying claims. If they find any evidence they believe they could use to shift the blame to you, they will attempt to deny or minimize your claim.
Liability and Motorcycle Accident Compensation
After a motorcycle accident, you can pursue compensation to cover your losses, such as medical bills, the damage to your bike, and your lost wages. In extreme cases of negligence, such as drunk driving, a court could also award punitive damages.
To determine how much compensation you can claim, we can help analyze the accident and calculate each party’s percentage of fault. Even if your actions partly contributed to the accident, the other party could still be liable for your losses, though at a reduced amount.
For example, if you are found to be 10 percent at fault for the accident, your final settlement would be reduced by 10 percent. However, if you are more than half responsible for the accident, you forfeit your right to compensation under the state’s 51 percent bar, as outlined in Louisiana Civil Code art. 2323. One of our attorneys in Baton Rouge can help establish who to hold responsible in your motorcycle crash claim.
Investigating a Motorcycle Accident
We know how to investigate motorcycle collisions in Baton Rouge to prove liability in our clients’ claims. One of our attorneys could gather evidence, such as eyewitness accounts, surveillance footage, and internet posts, to support your case after an accident and help counter the bias against motorcyclists.
Many people, including police officers and judges, believe that motorcyclists enjoy taking or seeking out risks. If you file a claim against another driver’s insurance, that insurer will likely try to leverage this belief by saying your behavior caused the crash.
We could work with an accident reconstruction expert to demonstrate how your collision happened. We could also work with medical experts to clearly show that the crash caused your injuries, how those injuries have affected your life, and the financial impact of any disabilities you now suffer.
Call Us for Help Establishing Fault in Your Motorcycle Crash Claim in Baton Rouge
You deserve an attorney who understands and respects what motorcycle riders endure after a collision. Our clients trust us to listen to them and defend their right to recover damages.
We know that proving liability in Baton Rouge motorcycle accident cases is important to our clients’ futures. Call our team at Tomeny | Best today to schedule your free consultation.