How Is Fault Determined in a Motorcycle Accident in Louisiana?

How is fault determined in a motorcycle accident in Louisiana? Fault is determined through an investigation that gathers evidence, such as photographs, witness statements, and police reports, to determine liability. 

If there is a dispute, the parties and their respective legal counsel confer, negotiate, and, if necessary, proceed to trial. Speak with a New Orleans motorcycle accident lawyer today.

Motorcyclists Are Often Unfairly Judged

Motorcyclists are often unfairly judged due to stereotypes. Oftentimes, people are quick to assume that the motorcyclist was speeding, weaving through traffic, or otherwise driving recklessly. This is often not the case, so it is important to consider all the evidence when determining fault in a motorcycle accident.

Insurance adjusters often use these stigmas surrounding bikers to displace blame and, in turn, reduce settlement offers. This is another reason why having adequate evidence of fault is essential after being involved in a motorcycle accident.

Motorcycle accidents are often more severe than accidents involving two cars or trucks. This is due to the lack of protection that a motorcycle provides.

While a car surrounds the driver and passengers in steel, with airbags, seatbelts, and other safety features, motorcyclists have limited protective gear. This, in turn, can increase the severity of injuries.

Evidence Used to Determine Fault in a Motorcycle Accident

Your lawyer has several forms of evidence that they can use to help strengthen your case when determining fault for your motorcycle accident. The more forms of evidence they have, the higher the likelihood of securing a high-paying settlement offer.

Photo and Video Evidence

Having photos and videos is a way for opposing counsel or a judge and jury to actually see what happened. Photographs of the scene, your bike, protective gear, injuries, surroundings, and the other vehicle are vital to your case.

Medical Documentation

Reports from your physician, medical records, reports from first responders, and expert medical opinions can all be beneficial when it comes to strengthening your case. This is even more true if you receive care immediately after the accident, helping link your injuries directly to the incident.

Eyewitness Testimony

Eyewitnesses, especially those who are uninvolved, provide an unbiased, outsider’s perspective of what happened. While you or the other driver may have more incentive to skew the story a specific way, an eyewitness does not. Having their testimony is significant when determining who is at fault in a motorcycle accident.

Police Reports

Filing a police report as soon as possible is a crucial step when filing a claim for your motorcycle accident. A police report is viewed favorably in court because the responding officer is a professional, unbiased party who has been trained to look for specific details, making their observations more credible.

Expert Opinions

In addition to medical experts, your attorney may enlist the help of accident reconstructionists. These professionals can create reenactments of the accident, examining items such as skid marks on the road or the vehicle damage to form a full picture of what occurred.

Dashcam or Surveillance Footage

These days, many motorists have dash cams that may capture what happened in a collision. If your lawyer is able to obtain any of this footage, it could be immensely helpful in proving liability. Additionally, surrounding businesses or traffic cameras can provide a more complete picture.

Utilizing the right forms of evidence can help strengthen your case and, in turn, secure a higher settlement offer. If an insurance company believes that you have a solid case, they will likely try to avoid court for fear that they could lose and it would cost them more.

Louisiana’s Liability Laws Make a Difference

In Louisiana, the law follows a pure comparative fault doctrine (Louisiana Civil Code Article 2323). This means that even if you are found to be partially liable, you may still be able to collect damages, reduced by the percentage that you are found to be responsible for.

For example, if you are found to be 60% liable for the accident, and you would be entitled to $100,000, you would only be able to collect 40% of that, making your total payout $40,000. This allows you to still receive compensation for the damages you experienced.

Insurance adjusters will use this law to try to lower the amount that they are responsible for paying. They often attempt to shift blame, coercing you to make self-incriminating statements.

This is another reason why having a New Orleans personal injury lawyer on your side is necessary to protect your rights.

You Can Help Your Case

What you do immediately after an accident can help determine fault in your motorcycle accident in Louisiana. While each case is unique and requires individual legal direction, some basic steps can be followed in most cases. These include:

• Get to a safe area if able
• Call 911
• Get checked by emergency medical services
• File a police report
• Begin collecting evidence such as photographs or voice recording your recounts of the incident
• Gather witness contact information
• Avoid making any formal statements without legal representation
• Call a New Orleans car accident lawyer

Following these steps ensures that you protect yourself physically and legally. It is also essential that you receive follow-up medical care and comply with all instructions provided to you by your trained medical provider. It is always important to remember that, given the potential severity of your injuries, keeping yourself and others around you safe is the top priority.

Scott Vicknair Injury Lawyers Are Here to Protect You

Determining fault after a motorcycle accident can prove to be challenging. There is considerable nuance in these cases, which requires the experience of a trained attorney. 

At Scott Vicknair Injury Lawyers, we are here to fight for you. We are so confident that we will secure you the highest possible settlement that we charge nothing unless you win.

Call today to schedule your free, no-obligation consultation.