In the wake of a motorcycle accident, it’s imperative that you act quickly to gather information from the scene and start forming your claim. More than one party can be at fault in a motorcycle accident case, which can affect how much compensation the injured party is owed. That’s why it’s critical that you know how to prove you weren’t at fault. Motorcycle accidents in Lafayette, LA can be scary, but the right legal representation can make all the difference.
A Lafayette motorcycle accident lawyer can work with you to gather all the relevant evidence you need for your claim and is going to have your back in and out of the courtroom. Even so, it’s imperative that you understand what to do to protect yourself in the event of any accident, too. Your attorney can help you collect the right evidence in order to protect your claim.
Louisiana Motorcycle Accident Laws
Louisiana is ranked as one of the most dangerous states for motorcycles. Driver decisions like distracted driving are among the leading causes of these types of accidents. 97 motorcyclist fatalities were recorded in Louisiana in 2023.
Other factors like road conditions and traffic volume can contribute to the likelihood of a motorcycle crash on the road. Given the serious nature of motorcycle accidents, Louisiana imposes strong laws to protect injured parties.
Under Louisiana’s modified comparative fault law, you can file a claim even if you’re partially at fault for damages. Any percentage of fault can impact your total settlement amount.
This is why it’s important to know how to establish fault and prove the scope of your injuries and other losses. A Louisiana motorcycle accident attorney can help you understand your legal options and advocate for you throughout your case.
How to Prove You Weren’t at Fault in a Motorcycle Accident in Lafayette, LA
In addition to helping you secure the compensation you’re owed, building a strong claim can protect you against the other party. They might try to take advantage of the situation and claim that you were partially at fault.
If you’re found to be partially at fault in an accident, it can result in a lower settlement amount. In cases where you’re proven to be the majority party at fault, you may not be able to file a claim at all.
A Lafayette motorcycle accident attorney can help you understand how to prove you weren’t at fault in motorcycle accidents in Lafayette, LA. Helpful steps to take to strengthen your claim and clear your name include:
- Contacting law enforcement and filing a police report
- Documenting your doctor’s visits and medical treatments
- Gathering professional opinions from doctors, financial advisors, and other relevant professionals
- Requesting a copy of the crash report for your records
- Taking photos, videos, and detailed notes at the scene
- Talking to witnesses and getting contact information
No matter what stage of the process you’re in, it’s wise to hire a car accident lawyer to help you avoid common mistakes and work toward fair compensation.
FAQs About Motorcycle Accident
Is Louisiana an At-Fault Accident State?
Yes, Louisiana is an at-fault state. This means that when an accident occurs, the one who caused it can be held liable to pay for any damages. It’s critical to know how to establish fault and demonstrate the scope of your losses to secure the right compensation for your losses.
A Lafayette motorcycle accident lawyer can work with you to form a solid case. This can increase your chances of recovering compensation.
Can I Still File a Claim if I’m Partially At Fault in a Lafayette Motorcycle Accident Case?
Yes, you can still file a claim if you’re partially at fault in a Lafayette motorcycle accident case. Louisiana follows a modified comparative fault system that allows victims to recover damages even if they are partially at fault up to a certain limit.
You cannot be the majority party at fault if you wish to recover damages. It’s up to you to gather the necessary evidence to support your claim and prove your own innocence.
Who Can Be Held Liable in a Motorcycle Accident Case?
Who can be held liable in a motorcycle accident case can vary depending on the details of the crash. More than one party can be at fault in a motorcycle accident case, which can make determining a fair settlement difficult. It helps to know who you can file a motorcycle accident claim against. Potential at-fault parties can include:
- Motorcyclists
- Passengers in the vehicle
- Pedestrians and/or cyclists
- The city or its employees
- Vehicle parts manufacturers
How Long Do I Have to File a Claim After a Motorcycle Accident in Lafayette?
How long you have to file a claim after a motorcycle accident in Lafayette can vary, but it’s usually two years from the date of the accident. While you have time to file a claim, it’s recommended that you start as soon as possible.
The more evidence you can collect, the better, and the majority of the evidence you can find is at the scene of the accident. Memories and witness accounts also become less reliable as time goes on.
Hire a Motorcycle Accident Lawyer to Help You Through an Injury Case
Whether or not you’re facing serious losses after a motorcycle accident, you can be held responsible for the incident, which can affect your ability to recover the right compensation for your losses. You can turn to a Lafayette personal injury lawyer to advocate for you throughout the claims process.
The Law Offices of Richard R. Kennedy has been in business for over 50 years and has been home to five generations of lawyers in the Kennedy family. Over the years, our local law firm has earned a great reputation, earning recognition such as:
- AV-Preeminent® peer rating with Martindale-Hubbell®
- Super Lawyers® rating
- Top 100 with the National Trial Lawyers Association**
If you want to learn more about how we can help with your motorcycle accident case, reach out to schedule an initial appointment with a member of our team today.
**Awards and recognition are not guarantees of future results. Selection criteria vary by organization.
