Motorcycle accidents result in some of the most serious, life-altering
injuries—and Louisiana consistently ranks among the leading states
for motorcycle accident injuries and deaths. According to data compiled
by Louisiana State University’s Center for Analytics & Research
in Transportation Safety (CARTS), out of 1,592 motorcycles involved in
crashes in 2019 in Louisiana, 1,190 people were injured or killed. While
this number represents an overall decrease of 4.6% in such accidents from
2018, number of people killed in such accidents rose by almost 9% from
the previous year.
Despite a common misconception among the public that motorcyclists are
not careful or drive recklessly, the truth is, many motorcycle accidents
happen due to factors completely out of the biker’s control. That
being said, proving that someone else was at fault for your motorcycle
accident is no easy task.
Why Proving Liability Matters
Like most motor vehicle accident cases, recovering compensation for your
injuries and damages after a motorcycle accident typically relies on proving
that another person or party acted negligently.
In fact, you will likely need to prove all of the following if you wish
to recover compensation:
• Another person/party owed you a duty of care
• That person/party breached their duty of care
• As a result, that person/party caused an accident that left you injured
• As a result of your injuries, you suffered damages
If you are unable to prove all of these elements, the insurance company
may deny your claim, meaning you may not be able to receive compensation
for your medical bills, lost wages, pain and suffering, and other damages.
How Can You Tell Who Is Liable for a Motorcycle Accident?
Motorcycle accident cases are rarely cut-and-dry. If, for example, you
are sideswiped by a drunk driver who was clearly intoxicated at the time
of the accident, it may be easier to prove that the drunk driver was at
fault for the accident. However, things can quickly become more complicated
if your injuries resulted from or were exacerbated by a defective piece
of equipment, such as a motorcycle helmet that failed to adequately protect
you during the crash. If you braked to avoid hitting a motorist who came
to a sudden and unexpected stop in the middle of the road, but your brakes
were faulty and failed, who is liable: the motorist who stopped, or the
manufacturer of the defective brakes?
Why You Need an Attorney
Determining liability in your motorcycle accident case can be a complex
matter. A good attorney will look into all possible avenues of compensation
by thoroughly examining the facts of your accident. At Womac Law Firm,
we look into everything from the design of the roadway where the accident
occurred to the weather conditions at the time, and from the behavior
of other motorists on the road to whether any outside factors may have
contributed to the accident and/or your injuries. This allows us to competently
argue liability on your behalf and to pursue maximum compensation for
your immediate needs, as well as your ongoing and future concerns.
To learn more, please contact us today 504-486-9999.