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Blogs from April, 2020

Determining Liability in Your Motorcycle Accident Case


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 The 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.

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