Motorcycle accidents happen quickly and with little warning, which may make it difficult to identify who caused the collision. If you or a loved one was injured, understanding the process of proving liability in Prairieville motorcycle accident cases is essential to recovering compensation for your damages.
Our experienced motorcycle accident attorneys at Tomeny | Best help clients investigate their potential claims and gather the evidence to build a case in court. You can schedule a free consultation by contacting our firm today.
Proving Who Is Liable for Causing a Motorcycle Accident
Liability for a motorcycle accident will likely apply to the driver or rider whose negligent or wrongful acts were a contributing factor in causing the collision. For example, the following types of traffic violations can directly cause a motorcycle accident and establish a claim for personal injury:
- Tailgating
- Failing to yield
- Speeding
- Distracted driving
- Running stop signs or traffic lights
- Driving under the influence
Our Prairieville lawyers could review and investigate the circumstances of a motorcycle crash case to determine who may be liable for the damages. We could gather key information, such as police reports, visual evidence, and witness testimony, to consider all potential claims of fault. You can contact Tomeny | Best to meet with one of our experienced lawyers as soon as you are able.
Another reason to meet with an attorney early is the applicable statute of limitations for personal injury claims under Louisiana Civil Code § 3493.1. You generally have two years from the date of a motorcycle wreck to file a claim for personal injury in court. You must file the claim on time to preserve your right to recover compensation from a liable party and avoid a dismissal of your case.
What if You Contributed to the Crash?
A motorcycle accident case can involve more than one liable party, including the injured person who is now seeking compensation from others. In these cases, the comparative fault rule applies under Louisiana Civil Code § 2323. The rule requires courts and juries to assign a percentage of fault to all parties in a personal injury case for the role their negligent or wrongful acts played in the incident. When an injured person is proven to be partially responsible for causing their own injury in a Prairieville motorcycle wreck case, the comparative fault rule can limit their compensation.
Defendants to a claim may raise allegations of the plaintiff’s fault to reduce their liability for the plaintiff’s injuries. Tomeny | Best helps clients navigate these issues in their motorcycle accident case by disputing inaccurate claims of plaintiff negligence or by exploring settlement opportunities in more complex cases. The compensation available in a motorcycle accident case will depend on your injuries and the percentage of liability each party has for the collision. You can generally seek compensation for several types of special and general damages, including any lost earnings, the medical care costs from an injury, and pain and suffering.
Contact Tomeny | Best About Proving Fault in Your Prairieville Motorcycle Crash Case
Proving liability in Prairieville motorcycle accident cases requires a strong understanding of how a collision happened and the legal standards that apply to personal injury claims. Our motorcycle accident lawyers at Tomeny | Best use their years of experience litigating these types of claims to help injured clients pursue full compensation for the damages they incurred. Contact us today to schedule your free case consultation.