Shreveport Motorcycle Accident Lawyer
Motorcycle accidents are often the most catastrophic type of motor vehicle accident due to how small and often invisible these bikes are compared to other larger vehicles, frequently resulting in life-altering injuries and fatalities to the motorcycle rider. In fact, data from the National Safety Council (NSC) revealed that there were 82,687 injuries and 6,218 fatalities due to motorcycle accidents in 2022 alone. At Rice & Kendig, our Shreveport motorcycle accident lawyers bring decades of combined experience to the table and are dedicated to helping motorcycle accident victims recover the compensation they need to make a full recovery.
If you or a loved one has been involved in a motorcycle crash, don’t hesitate to seek the justice you deserve. Call a Shreveport personal injury lawyer today at 318-222-2772 to schedule a free consultation.
What Are the Most Common Causes of Motorcycle Accidents in Louisiana?
Motorcycle accidents happen due to a multitude of reasons, many of which involve negligence on the part of other drivers or external factors. Understanding the common causes can help motorcycle riders be more vigilant and prepared.
Negligent Driving Practices
Negligent driving practices are a leading cause of motorcycle accidents. These practices include distracted driving, speeding, failing to yield the right of way, and driving under the influence of alcohol or drugs. Drivers who are not paying attention to the road or who are driving recklessly pose a significant threat to motorcyclists, who are more vulnerable due to the lack of protective barriers.
If you have suffered a serious injury due to someone else’s negligence, you may have grounds to file a personal injury claim against them. Our Shreveport distracted driving accident lawyers and our Shreveport drunk driving accident lawyers can negotiate with the other party’s insurance company on your behalf so that you can recover compensation.
Vehicle Defects
Sometimes, motorcycle accidents result from defects in the motorcycle itself or in other vehicles involved in the collision. Common vehicle defects include brake failures, tire blowouts, and engine malfunctions. In such cases, the manufacturer or maintenance provider could be held liable for the accident. It is crucial for motorcyclists to perform regular maintenance checks and address any potential issues promptly to minimize the risk of accidents caused by vehicle defects.
Road Hazards
Road hazards are another significant cause of motorcycle accidents. Potholes, uneven pavement, debris, and poorly designed roads can all contribute to accidents. Motorcyclists are particularly susceptible to road hazards because their vehicles are less stable than cars and trucks. If you’re wondering: who is liable for a motorcycle crash in this situation? Government entities responsible for road maintenance and design can sometimes be held liable if it can be proven that their negligence contributed to an accident.
Lack of Visibility in Blind Spots
Motorcycles are smaller and less visible than other vehicles, making them more likely to be overlooked in blind spots. Many motorcycle crashes occur when drivers change lanes without checking their blind spots, colliding with motorcycles that they did not see. Motorcyclists should always be aware of their positioning on the road and avoid lingering in other vehicles’ blind spots whenever possible.
Most Common Types of Injuries That Motorcycle Accident Victims Suffer From in Louisiana
Motorcycle accidents in Louisiana often lead to catastrophic injuries due to the limited protection motorcycles provide. Some of the most common injuries include:
- Traumatic Brain Injuries (TBI): Despite wearing helmets, motorcyclists can still sustain severe head injuries, leading to long-term cognitive and physical impairments. Common types of head injuries that result from motorcycle crashes can include coup-contrecoup brain injuries or even penetrative head injuries. Our Shreveport brain injury lawyers have decades of combined experience in helping injured riders seek compensation after their motorcycle injury cases.
- Spinal Cord Injuries: Spinal injuries and neck injuries can result in partial or complete paralysis, significantly affecting the victim’s mobility and quality of life. If you have suffered a spine or neck injury in a traffic accident, allow a Shreveport spine injury lawyer to seek compensation and justice on your behalf.
- Fractures and Broken Bones: The impact of a collision can cause multiple fractures and broken bones, requiring extensive medical treatment and rehabilitation.
- Road Rash: When a motorcycle rider slides across the pavement, severe skin abrasions known as road rash can occur, often leading to infections and scarring.
- Internal Injuries: Damage to internal organs can be life-threatening and typically requires immediate and intensive medical intervention. These car crash injuries can be slow to appear, which is why it’s so important to seek medical attention after an accident even if you don’t think you’re injured.
If you have suffered any of these severe injuries, don’t hesitate to reach out to an experienced motorcycle accident attorney at Rice & Kendig.
Does Louisiana Have a Motorcycle Helmet Law?
Yes, Louisiana has a motorcycle helmet law in place to promote rider safety on the roads. Helmets play a crucial role in reducing the severity of head injuries and fatalities in motorcycle accidents. In fact, the Insurance Institute for Highway Safety claims that helmets can reduce the risk of traumatic brain injuries (TBI) by nearly 70% and decrease the risk of death by almost 40%. RS 32:190 outlines the specifics of the Louisiana helmet law, including requirements for helmet qualifications such as a visor, interior lining, padding, and a chin strap. These specifications ensure that helmets provide adequate protection in the event of an accident.
Individuals who violate the Louisiana helmet law can face penalties, including fines. The law is enforced to encourage compliance and mitigate the risk of serious injuries and fatalities resulting from motorcycle crashes. Additionally, wearing a helmet not only enhances the safety of the motorcycle rider but also impacts legal proceedings following an accident, as failure to comply with the helmet law can play a major role in determining motorcycle crash liability in Louisiana.
Top Motorcycle Safety Tips
Prioritizing motorcycle safety on the roads is crucial and can significantly reduce the risk of accidents and injuries. Here are some essential tips to enhance safety while riding:
Wear Proper Gear
Always prioritize safety by wearing a DOT-approved helmet, sturdy gloves, durable boots, and protective clothing designed for motorcycle riding. These gear items provide crucial protection in the event of a motorcycle crash, minimizing the severity of injuries.
Stay Visible
Enhance your visibility to other road users by utilizing reflective materials on your motorcycle and gear. Keep your headlights on, even during daylight hours, to ensure that you’re easily noticed by every truck and car driver. Increasing visibility reduces the likelihood of accidents caused by drivers failing to see motorcycles.
Follow Traffic Laws
Adhere strictly to traffic laws and regulations, including speed limits, traffic signals, and lane markings. Obeying these laws not only ensures your safety but also creates a culture of responsible riding. Avoiding reckless driving behaviors reduces the risk of accidents and promotes harmony on the roads.
Maintain Your Motorcycle
Regular maintenance of your motorcycle is crucial for optimal performance and safety. Conduct routine checks of your motorcycle’s brakes, tires, lights, and fluid levels. Address any issues promptly to prevent mechanical failures while riding. A well-maintained motorcycle is more reliable and less prone to accidents due to mechanical problems.
Practice Defensive Driving
Adopt a defensive driving mindset to anticipate and mitigate potential hazards on the road. Stay vigilant and observant of your surroundings, scanning for potential dangers such as erratic drivers, road hazards, and unexpected obstacles. Maintain a safe distance from other vehicles and be prepared to react quickly to changing traffic conditions.
How to Determine Liability in a Louisiana Motorcycle Accident
One of the most common questions that our Shreveport personal injury lawyers hear is: who is at fault for a motorcycle crash?
Determining liability in an automobile accident is a crucial aspect of the legal process, as it determines who is responsible for compensating the injured party. In Louisiana, liability is typically established based on the principles of negligence. Negligence occurs when someone fails to exercise reasonable care, resulting in harm to another person. To determine liability in a motorcycle accident claim, the following elements of negligence are considered:
Four Elements of Negligence
- Duty of Care: The first element of negligence involves establishing that the defendant owed a duty of care to the plaintiff. In the context of a motorcycle crash, all drivers have a duty to operate their vehicles safely and follow traffic laws.
- Breach of Duty: The second element requires demonstrating that the at fault party breached their duty of care by acting negligently. This could involve actions such as speeding, distracted driving, or failing to yield the right of way.
- Causation: The third element focuses on proving that the defendant’s breach of duty directly caused the accident and the plaintiff’s injuries. There must be a clear link between the defendant’s actions and the harm suffered by the plaintiff.
- Damages: The final element involves showing that the plaintiff suffered actual damages as a result of the accident. These damages can include medical expenses, lost wages, pain and suffering, and property damage.
Louisiana Pure Comparative Negligence Rule
Louisiana is an at-fault state and follows a pure comparative negligence rule when determining liability in personal injury cases, including motorcycle wrecks. This means that even if the plaintiff is partially at fault for the accident, they can still recover damages from the defendant’s insurance company. However, the amount of compensation insurance adjusters award is reduced by the plaintiff’s percentage of fault. For example, if the plaintiff is found to be 30% at fault for the accident, they would only be entitled to recover 70% of the total damages in their motorcycle accident case.
Understanding these principles of negligence and the comparative negligence rule is essential for navigating the legal complexities of a motorcycle accident case in Louisiana. Experienced motorcycle accident attorneys at Rice & Kendig can help gather evidence, assess liability, and advocate for the injured party’s rights throughout the legal process.
Motorcycle Accident Damages
When a motorcyclist is involved in an accident, they may suffer various losses and damages that warrant compensation. Understanding the two main types of damages available in motorcycle accident cases is essential for ensuring that victims receive fair financial compensation for their injuries and losses in a motorcycle accident lawsuit.
Economic Damages
Economic damages are losses that have a specific monetary value, including:
- Medical Costs: This includes all hospital bills as well as emergency medical treatment, surgeries, medication, physical therapy, and ongoing medical care related to the accident.
- Lost Wages: Victims of motorcycle wrecks may miss work due to their injuries, resulting in lost income. Economic damages can cover the wages lost during recovery and any future earnings impacted by long-term disabilities.
- Property Damage: Motorcycle accidents often result in damage to the motorcycle and other personal property. Economic damages can reimburse the cost of repairing or replacing the damaged property.
- Funeral and Burial Expenses: Unfortunately, Louisiana motorcycle crashes can be deadly. If a crash victim suffers fatal injuries, their surviving family members may be able to file a wrongful death lawsuit against the negligent party. Shreveport wrongful death lawyers at Rice & Kendig can provide legal support during this impossible time, and help you recover just financial compensation for your loss.
Non-Economic Damages
Meanwhile, non-economic damages are losses that don’t have monetary value, including:
- Pain and Suffering: Non-economic damages compensate victims for the physical pain, emotional distress, and mental anguish endured as a result of the accident and injuries sustained. This includes both the immediate pain experienced after the accident and any long-term suffering.
- Loss of Enjoyment of Life: Motorcycle accidents can impact the victim’s ability to enjoy activities they once loved due to physical disabilities. Non-economic damages may be awarded to compensate for the loss of quality of life and the inability to participate in activities enjoyed prior to the accident.
- Loss of Consortium: This type of damages compensates the spouse or family members of the injured motorcyclist for the loss of companionship, assistance, and support resulting from the injuries sustained in the accident. Loss of consortium acknowledges the impact of the accident on the relationships and dynamics within the family unit.
By recognizing the different categories of damages available in motorcycle accident cases, victims can work with their attorneys to pursue fair compensation that accounts for all aspects of their losses and injuries. An experienced motorcycle accident attorney at Rice & Kendig can help assess the value of the damages incurred and advocate for maximum compensation on behalf of the injured party.
How a Shreveport Motorcycle Accident Lawyer Can Help You
When you’ve been involved in a motorcycle accident, navigating the legal process can be overwhelming, especially while dealing with severe injuries and an extensive recovery. A Shreveport motorcycle accident lawyer from Rice & Kendig can provide invaluable assistance and support throughout the entire process. Here’s how our legal team can help:
- Case Evaluation: We will thoroughly review the details of your case, assess the accident reports and other relevant evidence, and determine the strength of your motorcycle accident claim.
- Investigation: Our Shreveport personal injury attorneys will conduct a comprehensive investigation into the accident, gathering crucial evidence such as accident scene reports, witness statements, and expert testimony to build a strong case on your behalf.
- Negotiation: We will handle all communication and negotiations with insurance companies, fighting tirelessly to ensure injured riders receive fair compensation for their injuries, damages, and losses.
- Litigation: If a fair settlement cannot be reached, our Shreveport auto accident lawyers are prepared to take your case to court and advocate for your rights before a judge and jury, presenting compelling arguments to secure the compensation you deserve.
- Support and Guidance: Throughout the legal process, we will provide compassionate support to all injured motorcycle riders by answering questions and keeping you informed about the progress of your case, allowing you to focus on your recovery with peace of mind.
With decades of combined experience in handling motorcycle accident cases throughout Louisiana, the Shreveport car accident lawyers at Rice & Kendig are here to fight for your rights and help you seek the justice and compensation you deserve.
Call an Experienced Motorcycle Accident Lawyer at Rice & Kendig Today
Have you been in a Louisiana motorcycle crash and suffered a serious injury? If so, don’t delay seeking legal representation from Rice & Kendig. Our experienced motorcycle accident lawyers are here to provide top notch legal services and support during such an impossible time. With decades of combined experience handling motorcycle accident cases in Shreveport and across Louisiana, our team has the experience and resources to effectively pursue maximum compensation for your injuries, damages, and losses, especially if you have been in a motorcycle accident caused by someone else’s negligence.
Don’t let the financial burden of medical bills and lost wages add to your stress – let us fight for your rights and hold the responsible parties accountable. Contact Rice & Kendig today at 318-222-2772 to schedule a free legal consultation, and let us help you navigate the legal process and secure the justice and compensation you deserve.