Calculating the Compensation Motorcycle Crash Victims Could Recover
If you are a motorcycle rider who is an accident victim in Louisiana, our 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 in Baton Rouge 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.
Insurance Coverage and Local Road Hazards for Baton Rouge Riders
Baton Rouge motorcyclists face particular risk along heavily traveled corridors such as Interstate 10, Interstate 12, Airline Highway, and Perkins Road, where merging traffic and congestion near the Interstate 10 and Interstate 12 split create frequent opportunities for distracted or careless drivers to strike a motorcycle. Riders traveling near Louisiana State University along Nicholson Drive and College Drive also contend with heavy pedestrian and vehicle traffic during peak class hours, which increases the likelihood of a collision.
Louisiana law requires that uninsured motorist coverage be included automatically in every auto insurance policy issued in the state, unless the policyholder rejects it in writing, according to Louisiana Revised Statutes § 22:1295. This coverage can be critical for injured motorcyclists, since a rider’s own medical bills and lost income often exceed the liability limits carried by the at-fault driver. Our firm reviews every client’s policy, and any policy belonging to a household member, to identify all available sources of recovery, including underinsured motorist benefits that many riders do not realize they carry.
Because most motorcycle injury lawsuits arising from a Baton Rouge crash are filed in the Nineteenth Judicial District Court for East Baton Rouge Parish, our attorneys prepare each case with an understanding of local court procedures and filing deadlines. From our office on Siegen Lane, we are positioned to meet with injured riders throughout East Baton Rouge Parish and the surrounding areas we serve.
Frequently Asked Questions About Baton Rouge Motorcycle Accident Claims
Every motorcycle accident is different, and we encourage you to reach out to our office with your specific questions. Below, we answer three of the questions we hear most often from injured riders throughout the Baton Rouge area.
How Long Do I Have to File a Claim for a Motorcycle Accident?
For a motorcycle accident that occurred on or after July 1, 2024, Louisiana law gives you two years from the date of your injury to file a lawsuit. A motorcycle accident that occurred before that date remains subject to the previous one-year deadline found in former Civil Code Article 3492. Because these deadlines are strictly enforced, you should speak with a Baton Rouge motorcycle accident lawyer as soon as possible after your crash to protect your right to compensation.
What if I Am Partially to Blame for My Wreck?
Louisiana follows a modified comparative fault system under Louisiana Civil Code § 2323. If you are found to be less than 51 percent at fault for a Baton Rouge motorcycle accident, you may still recover compensation, reduced by your percentage of fault. If you are found to be 51 percent or more at fault, Louisiana law bars you from recovering damages. A knowledgeable motorcycle accident lawyer can help gather evidence, such as accident reconstruction reports and witness statements, to minimize any fault attributed to you.
Can I Handle My Claim Without a Lawyer?
You are not required to hire an attorney to pursue a motorcycle accident claim. However, insurance companies often employ adjusters and defense attorneys who work to minimize payouts. Without legal representation, you may find it difficult to accurately value your claim, gather the necessary medical and accident evidence, or negotiate a fair settlement. A Baton Rouge motorcycle accident attorney can manage communications with the insurance company, meet filing deadlines, and pursue full compensation on your behalf while you focus on your recovery.
