What Are My Rights After a Motorcycle Accident in Louisiana?

What are my rights after a motorcycle accident in Louisiana? After any accident, victims have the right to pursue financial damages from the at-fault party. The burden of proof is on your shoulders, which means you must demonstrate negligence, outline what your losses are, and place a value on them.

Knowing your rights after a motorcycle accident in Louisiana can help you know what to do to pursue fair compensation. Speak with a New Orleans motorcycle accident lawyer today.

You Have the Right to Compensation

Demonstrating someone else is at fault means that you, the motorcycle rider, can file a claim against that party’s liability insurance or seek a lawsuit for the losses you sustain.

Motorcycle accidents create severe loss, especially in situations where a fast-moving vehicle strikes your unprotected body. Your compensation rights after a motorcycle accident in Louisiana may include:

• Medical expense recovery: Emergency and ongoing medical care costs, including any rehabilitation, medications, specialized treatments, or specialized medical providers
• Future medical costs: Expected complications or additional procedures, including additional surgeries, long-term use of medications or supportive devices, and losses related to debilitating conditions stemming from the accident
• Loss of income: This is a loss of income related to the initial injuries you sustain that keep you out of work for a time being, and includes bonuses, overtime, and benefits you likely would receive
• Loss of earning capacity: If you cannot go back to work due to long-term disabilities or impairment from the accident, you can seek compensation for the reduction in your ability to earn a living
• Pain and suffering: This accounts for your pain at the time of the accident, as well as all of the suffering you experience from that time forward related to your injuries and continued complications
• Mental anguish: Emotional trauma is common, with the onset of conditions such as post-traumatic stress disorder, depression, and anxiety, as well as related medical expenses for treating these conditions
• Loss of quality of life: This includes losses related to your inability to engage in activities as you used to, including hobbies, physical activities, or planned events
• Loss of consortium: Changes and complications to your ability to maintain and commit to relationships, engage in intimate acts, or maintain support for others

These are some of the most common types of compensation you can seek if you can demonstrate that the other party was entirely at fault for your injuries and losses during a motorcycle accident.

Our legal team will work closely with you to build a claim that demonstrates what these losses are and their real value, based on complete investigations, speaking to your family and medical providers, and understanding the impact on your life.

Your Rights in Comparative Fault Matters

In some situations, police or insurance companies may determine that the victim of a motorcycle accident is partially at fault. You have the right to pursue compensation for the losses you have suffered in some situations. That is due to Louisiana’s modified comparative fault system.

Under this system, motorcycle accident victims may seek financial compensation for their losses if they are no more than 50% at fault for the accident.

That means if you are 20% at fault, you can still file a claim for the losses you have against the other driver. However, your compensation drops by the percentage of fault attributed to you. This is why your attorney will work aggressively to reduce that percentage of fault as much as possible.

There is one important factor to consider. Under Louisiana’s law, if you are more than 50% at fault, you cannot recover any damages. The law bars you from filing a claim for any of the losses you have. This is yet another reason our legal team works hard to minimize any assignment of fault to you. It protects you from losing your right to compensation.

You Have the Right to Fair Treatment by the Insurance Company

Victims of motorcycle accidents often face a long road to recovery, both legally and physically. Insurance companies will use every strategy they can to delay and deny compensation to you, limiting the impact the accident has on their bottom line. You have the right to fair treatment by the insurance company.

Some of the most common tactics they use to minimize your compensation include:

• Delaying claims in the hopes you become frustrated and move on
• Denying valid claims for various reasons, sometimes more than once, and requesting different information each time
• Aggressive pursuit of your medical records, statements you make, or other evidence to try to discredit you
• Aggressively encouraging you to settle your claim immediately, often with threats that you will lose your ability to seek compensation
• Any type of threats if you fail to take action

Any of these situations warrants speaking with an attorney immediately. If you believe the insurance company is unfair, let our team investigate, and we will hold them accountable under the law. Learn more about our team today.

You Have the Right to File a Lawsuit

If the insurance company denies your rights to compensation for any reason, you can bring a lawsuit against the at-fault party for the losses you incurred. In these situations, the court will hear both sides of the story and determine if the insurance company or other parties should pay for the losses you have.

There are limits on this right as well. Under Louisiana’s statute of limitations (La. Civ. Code Art. 3493.1), most personal injury claims have two years for the victim to bring the claim to court. If you wait longer than this, the court will not hear your case, and you will not be able to recover damages.

We strongly encourage you to act sooner than this. Most cases settle out of court when there is ample evidence to protect victims. However, you must act promptly to protect your right to bring legal action.

Seek the Guidance of a Motorcycle Accident Attorney in Louisiana

Turn to the New Orleans motorcycle accident attorneys at Scott Vicknair Injury Lawyers after your accident.

Let our motorcycle accident attorney in Louisiana work to improve your rights to fair compensation. We offer free consultations and peace of mind in every situation.