Generally, filing suit over a motorcycle crash virtually always revolves around legal negligence. In short, this is the idea that someone who causes harm accidentally should be financially liable for the consequences of their actions. Like many aspects of personal injury law, negligence in this context can initially seem simple but quickly become extremely complex and confusing while a claim is ongoing.
When it comes to understanding—not to mention efficiently establishing—negligence in Prairieville motorcycle accident cases, there is no substitute for the support of a seasoned motorcycle accident attorney from Tomeny | Best. That said, here is a broad overview of how this particular part of the legal process tends to be interpreted by courts, as well as how it could potentially come back to haunt you as the injured person filing suit.
What Makes Someone at Fault for a Motorcycle Wreck?
Under Louisiana law, there are four key components to legal negligence in the context of Prairieville motorcycle injury claims, all of which must be present for someone involved in that accident to be found legally liable for its repercussions. These elements include:
- The existence of a duty of care owed by the defendant being sued to the plaintiff filing suit
- A specific breach of that duty by the defendant
- Direct causation of an otherwise preventable accident through that breach of duty
- Direct causation of an injury with damages
Everyone who operates any kind of motor vehicle on public roads has the same duty of care to act lawfully and responsibly behind the wheel, so establishing that is never an issue during these cases. However, showing through a preponderance of evidence that a specific reckless or careless act actually happened and then that it was the direct and primary cause of a wreck can be a much more laborious and subjective process—one which legal counsel could provide invaluable assistance with.
The Possible Impact of Comparative Negligence
A skilled lawyer can also play a key role in fighting allegations of comparative negligence made by the defendant in a Prairieville motorcycle accident lawsuit—in other words, accusations that the injured plaintiff was negligent themselves in some way. Under Louisiana Civil Code §2323, any percentage of comparative fault assigned by a court to an injured person will then result in that person’s final damage award being reduced by that same percentage.
Fortunately, Louisiana is known as a pure comparative fault state, which means no comparative fault other than 100 percent prohibits an injured person from seeking at least some compensation for losses stemming from those injuries. Still, this can be a major obstacle to effective civil recovery after a motorcycle wreck, as any experienced attorney can tell you.
Learn More About Negligence in Motorcycle Accident Cases From a Prairieville Attorney
Of course, this is far from a comprehensive review of how negligence in Prairieville motorcycle accident cases works in practice. Put simply, proving someone else at fault for a wreck in legal terms is not something the average person should expect to accomplish on their own, especially while still dealing with serious injuries caused by that wreck.
Getting help from a knowledgeable motorcycle accident lawyer can be essential to getting the best possible resolution from your claim and getting paid what you deserve for your damages. Call Tomeny | Best today for a free consultation.
