Shreveport Injury Lawyer > Blog > Motorcycle Accident > Determining Motorcycle Crash Liability in Louisiana

Determining Motorcycle Crash Liability in Louisiana

Motorbike,On,The,Road,Riding.,Having,Fun,Driving,The,Empty

If you were recently injured in a motorcycle crash in the Shreveport area, you should be trying to determine: who is responsible for paying for my losses? Determining liability for a motorcycle injury can allow the injury victim to file a claim in order to seek compensation for medical care, lost wages, and more. Similar to other types of traffic collisions, liability in many motorcycle crashes will be based on how and why the wreck occurred. In many circumstances, a negligent motorist will be responsible. Yet other parties can also be liable for different reasons. You should always discuss the specific facts of your case with a personal injury lawyer in Shreveport who can help you to determine liability and to move forward with a claim. In the meantime, we can provide you with more information about parties that are commonly liable for motorcycle crashes.

Most Commonly, Negligent Car or Truck Drivers Are Liable

Most often, negligent car or truck drivers are the parties who are liable for a motorcycle crash. Causes like distracted driving, aggressive driving, fatigue, and intoxication can all play roles in causing a collision, according to the National Highway Traffic Safety Administration (NHTSA).

Sometimes Negligent Property Owners May Be Liable

In some instances, motorcycle crashes happen because of hazards on property, such as debris that remains uncleared from a roadway or faulty road lighting, for example. When these conditions cause or contribute to a motorcycle crash, the property owner may be liable for the motorcyclist’s injuries.

Motorcycle Maker or Auto Maker Can Be Liable

When design, manufacturing, or marketing defects cause or contribute to a motorcycle wreck, it is important for the injured motorcyclist to find out about filing a product liability claim.

Injured Motorcyclists Themselves Can Bear Some Responsibility

Some motorcycle crashes are single-vehicle wrecks in which the motorcyclist may be solely responsible for the crash (yet you should not assume that a single-vehicle crash means you are responsible for your own injuries — other parties like property owners and motorcycle makers or retailers can also be liable, as discussed above). Even in multi-vehicle crashes, a motorcyclist may be partially responsible for their own injuries. Is recovery still possible? Since Louisiana is what is known as a “pure comparative fault state,” a partially liable motorcyclist can still recover damages from another at-fault party. However, the motorcyclist’s damages will be reduced by their own percentage of negligence.

Contact Our Shreveport Motorcycle Injury Attorneys Today

Were you recently injured in a motorcycle crash in Shreveport or elsewhere in Louisiana? You could be eligible to file a claim to seek financial compensation for your losses. One of the experienced Shreveport motorcycle injury lawyers at Rice & Kendig, LLC can talk with you today to learn more about your case and to develop a plan of action for seeking financial compensation. Often, a negligent motorist will be liable for a motorcycle crash in Louisiana, but it is critical to discuss liability with an attorney since more than one party may bear financial responsibility for your injuries. Contact us today to find out more about how we can help you.

Sources:

one.nhtsa.gov/people/injury/pedbimot/motorcycle/safebike/anatomy.html

legis.la.gov/legis/law.aspx?d=109387#:~:text=In%20any%20action%20for%20damages,of%20the%20person’s%20insolvency%2C%20ability

By Rice & Kendig, LLC | Posted on November 30, 2023

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Recent Results

$5,100,000

Motor Vehicle Collision

Client’s motorcycle was hit by a car leaving him in the ICU with facial injuries, arm injuries, and amputation of one leg.

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Motor Vehicle Collision

Client was rear-ended while sitting at a stop sign. Neck and back injuries resulting in headaches and disability. Neck injury required surgery.

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Motor Vehicle Collision

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$1,800,000

Medical Malpractice

Inadequate life-saving staffing at emergency C-section resulted in child with cerebral palsy, spastic quadriplegia, and developmental delays.

$1,500,000

Motor Vehicle Collision

Client was hit head-on by a delivery truck sustaining injuries to the knee, hand, neck, and back. Neck injury required surgery.

$1,400,000

Workplace Injury

A piece of loading equipment fell on client causing spinal injuries resulting in partial disability.

$1,375,000

Pedestrian/Motor Vehicle Collision

Client sustained injuries to head, leg and wrist. Client’s broken leg required surgery. In addition, client sought treatment with a neurologist for his head injury and cognitive issues.

$1,151,000

Pedestrian/Motor Vehicle Collision

Client was struck by a vehicle in a gas station parking lot. Client suffered head and brain damage resulting in memory loss.

$1,000,000

18-Wheeler Collision

Client was rear-ended by a drunk driver of an 18-wheeler causing client to suffer short-term memory loss and injuries to the head, neck, shoulders, and back.

$1,000,000

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Insurance company refused to pay for hail damage to a commercial property.

$1,000,000

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Fall at a hotel convention center caused hand, neck, and low back injuries resulting in a 7-year recovery period.

$1,000,000

Motor Vehicle Collision

Client was hit by a commercial vehicle that ran a stop sign. Injuries to the knee, neck, and back requiring interventional pain management.

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18-Wheeler Collision

Client was rear-ended multiple times by a big rig causing PTSD, spinal injuries requiring spinal fusion surgery, physical therapy, and counseling.

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18-Wheeler Collision

Logging truck’s failure to yield caused client to suffer fractures in the arm and leg, amputation of 3 toes, and shoulder injuries.

$950,000

18-Wheeler Collision

Client was hit by a delivery truck and the vehicle rolled over. Client’s injuries included six broken ribs and a neck injury requiring extensive medical treatment.

$950,000

18-Wheeler Collision

18-wheeler driver turned left, without the protection of a green arrow, in front of client. The collision caused injuries to the hand, neck, shoulder, low back, hip, foot, ankle, and eye.

$800,606.26

Motor Vehicle Collision

A defendant driver turned left, without the protection of a green arrow, into client’s vehicle causing a collision that resulted in a severely broken leg that required immediate surgery, post-traumatic stress disorder, loss of independence, and loss of job.

$800,000

Motor Vehicle Collision

Head-on collision that left client with back and neck injuries as well as seat belt injuries. Client’s recovery was lengthy and included physical therapy and injections.

$750,000

Wrongful Death/Medical Malpractice

Child suffered fatal injuries due to complications with anesthesia.

$685,000

Premises Liability

Client sustained two broken legs from a fall over an unreasonably dangerous tripping hazard.

$665,000

Motor Vehicle Collision/Wrongful Death

Client went to the aid of a vehicle accident victim and was struck and killed by a passing vehicle.

$663,000

Motor Vehicle Collision

Client was backed into while on the job at an oil field site. Collision resulted in numerous back and neck injuries requiring surgeries.

$650,000

18-Wheeler Collision

18-wheeler driver was rear-ended by another 18-wheeler causing headaches and neck injury.

$625,000

Motor Vehicle Collision

Head-on collision led to wrist and hand injuries that required surgery, seat belt injuries, pain in the neck, sternum, pelvis, abdomen, shoulder, and back, and post-traumatic stress disorder.

$550,000

18-Wheeler Collision

Client was rear-ended by a big rig causing low back and neck pain; physical recovery and treatment included injections, physical therapy, and counseling.