Sometimes, the insurance company is wrong about who was at fault in an accident. A motorcycle rider nearly always experiences serious harm in a crash. However, injured riders may lose thousands of dollars if the insurer claims they were liable for the accident.
Not every survivor realizes they could have the option to fight a claim decision, but they should. Our injury attorneys are skilled in proving liability in Lafayette motorcycle accident cases, and we are here to listen to you about what happened.
Who Has To Pay Damages in a Motorcycle Accident?
In Louisiana, liability belongs to the person at fault, or most often, their insurance company. You may wonder what happens when people share the fault. Starting in 2026, the legislature has changed how this affects payments under Louisiana Civil Code art. 2323.
A Lafayette motorcycle crash victim’s claim depends on a fact-finder’s assignment of fault in the accident. If they were 50 percent or less at fault, they are still owed some damages, although their level of fault reduces what they can claim. At 51 percent or higher, they lose their right to claim damages. Drivers or riders who were intoxicated could also face punitive damages.
How Insurers and Lawyers Prove Liability
Not many road accident survivors want or need to go to trial. Instead, they file claims with the other party’s insurance. The insurer assigns adjusters or representatives to produce an assignment of fault, following review of the evidence and records from the accident.
However, the insurance company is not a judge or jury, and it is not on your side. Company policies and proprietary software can help it issue denials or make offers that protect it from liability as much as possible. Insurance investigators will look hard for evidence that an accident victim could be lying, even searching their social media or following them in public.
Our experienced Lafayette motorcycle accident attorneys understand how to review reports and search for evidence to prove liability in our clients’ cases. This could include:
- Finding and speaking with eyewitnesses to the accident
- Requesting surveillance video from cameras near the accident site
- Research for digital evidence, including posts and timestamps, to prove or disprove an account of what happened
- Consulting accident reconstruction experts who can determine how the accident must have taken place
Under state law, every percent of fault matters, and an attorney could help you fight to protect your right to compensation.
What Could Be at Stake?
A motorcycle accident can result in catastrophic injuries for the rider. Too often, it ends in death, leaving a family struggling to cope with the loss of their relative and an influx of new expenses.
Our Lafayette injury lawyers help motorcycle crash victims and family members prove liability and assemble a claim that shows how much the accident has cost them. Our team may use:
- Medical records showing injuries by date and the treatment they required
- Bills for costs that the injured person had to pay, such as transportation expenses, assistance with childcare, or domestic help
- Pay stubs, contracts, and other evidence of lost wages and income
- Invoices and documentation for property repairs and/or losses
- Costs to the family after a sudden death, such as burial expenses
- Personal accounts of pain, suffering, and mental distress
What survivors can claim will depend on how the accident impacted them and what they had to pay for it.
Call a Lafayette Attorney About Proving Fault in a Motorcycle Crash Case
As motorcycle collision lawyers, we know that riders’ concerns about proving liability in Lafayette motorcycle accident cases do not always get the attention or respect they deserve. At Tomeny | Best, our job is to help clients take control of their rights and their future.
There is no charge to meet with us about your case, so contact our office today to get started.