Baton Rouge Motorcycle Accident Lawyer

Baton Rouge Motorcycle Accident Lawyer

There are thousands of motorcycle accidents in Louisiana each year, many of which result in serious injuries – or even fatalities. If you were involved in a motorcycle accident in Baton Rouge, LA, as a result of someone else’s negligence or wrongful actions, then you may be entitled to compensation for your injuries.

Discussing your case with an experienced personal injury lawyer is an excellent next step if you’ve been involved in a motorcycle accident. You can trust the Baton Rouge motorcycle accident attorneys at Palmintier Law Group to help handle your case and fight for the compensation you need and deserve.

To schedule a free consultation with a member of our team, contact our office online or at (225) 344 3735.

How Palmintier Law Group Can Help After a Motorcycle Accident in Baton Rouge

How Palmintier Law Group Can Help After a Motorcycle Accident in Baton Rouge

The skilled attorneys at Palmintier Law Group have over 80 years of combined experience and have helped personal injury victims recover over $1 billion in compensation. Our firm has received an AV Preeminent rating, the highest peer review rating by Martindale-Hubbard.

When you hire Palmintier Law Group, our trusted Baton Rouge personal injury attorneys will handle every aspect of your motorcycle accident case, including:

  • Evaluating your case and discussing your options
  • Gathering facts and assessing your damages
  • Discussing your options and developing a case strategy with you
  • Negotiating a settlement with the insurance companies on your behalf
  • Relentlessly representing you in court if a favorable settlement can’t be reached

Contact our office in Baton Rouge, Louisiana, today to schedule a free consultation and learn more about how we will help you fight your motorcycle accident case.

How Common Are Motorcycle Accidents?

Nationwide, in 2021, over 80,000 motorcyclists were injured, and 5,932 motorcyclists were killed. Motorcycles make up about 3% of all vehicles on the road but, unfortunately, account for 14% of all traffic fatalities. In Louisiana, specifically, there were 81 motorcycle accident fatalities in 2021.

What Is My Baton Rouge Motorcycle Accident Case Worth? 

The purpose of compensation in personal injury cases is to help make the victim “whole again.” Accordingly, you would hope to receive enough compensation to cover all of your injuries and losses caused by the accident. In reality, the value of your case depends on several factors, including:

  • The extent of your injuries
  • The amount of property damage
  • Whether you were partially at fault in the accident
  • The insurance policy limits

Additionally, the value of your case may be higher if the at-fault party was drinking and driving when the accident occurred. Our experienced motorcycle accident attorneys will explain these factors further and the potential value of your case.

What Kind of Damages Are Available to Motorcycle Accident Victims in Baton Rouge? 

If you’ve been injured in a motorcycle accident caused by someone else’s negligence or wrongdoing, then you can seek compensation for your losses. These losses are called damages. In personal injury law, there are two key categories of damages available: economic damages and non-economic damages.

Economic Damages in Your Motorcycle Accident Case

Economic damages, as you may guess, are losses related to the financial consequences of the accident or injury. They may include:

  • Past and future medical costs
  • Vehicle repair costs
  • Transportation costs
  • Other property damage
  • Lost wages or loss of future earning capacity

Economic damages are fairly easy to estimate. They are often calculated based on receipts, invoices, and other documentation. However, calculating future costs like future medical costs or loss of earning capacity can be more complicated. A skilled personal injury lawyer can help assess your economic damages and compile the evidence to support your claims.

Non-Economic Damages in Your Motorcycle Accident Case

Non-economic damages, on the other hand, are not related to the financial consequences of the accident or injury. These damages relate to the emotional or psychological consequences of the accident. They may include:

  • Pain and suffering
  • Mental anguish
  • Loss of companionship
  • Diminished quality of life
  • Loss of consortium

Non-economic damages are based on the victim’s subjective experience following an accident or injury. For this reason, they are harder to calculate than economic damages. A personal injury lawyer can be particularly helpful if you think you’re entitled to non-economic damages.

How Much Does It Cost To Hire a Motorcycle Accident Lawyer in Baton Rouge? 

Most personal injury lawyers accept cases on a contingent fee basis. This means that the attorney collects their fee at the end of the case as a percentage of your ultimate financial award. A contingent fee is usually between 33% and 40%, depending on the complexity of the case, the length of time it takes to resolve, and whether it goes to trial. Your attorney should explain all of this to you at the beginning of your case.

The most obvious benefit of a contingent fee is that you don’t have to pay any attorney’s fees upfront. This is especially helpful if you’re coping with mounting medical bills, repair costs, and lost wages after a motorcycle accident. In addition, you pay no attorney’s fees unless you recover compensation.

A less obvious benefit is that your interests are directly aligned with your attorney’s. Your attorney won’t get paid unless you do, so you can trust they are fighting for you to receive the compensation you deserve.

Can I Recover Compensation if I’m Being Blamed for a Motorcycle Accident in Louisiana? 

While some vehicle accidents involve one at-fault party, many times more than one driver is to blame. The good news is you can still recover compensation for your losses even if you share some of the blame in Louisiana.

Louisiana is one of many states that follows the pure comparative fault doctrine. This means that an injured party who was at fault can seek damages from another at-fault party. Each party will be assigned a percentage of fault, and the victim’s final compensation will be proportionally reduced based on their degree of fault.

For example, imagine that you were involved in an accident with a driver who was looking at their cell phone, but you were also speeding on your motorcycle. Suppose your total damages were $10,000. If you were found to be 40% at fault and the other driver was 60% at fault, you could potentially receive up to $6,000 from the other at-fault driver. 

Hiring an attorney can benefit you greatly in this area, as they can advocate on your behalf and ensure you aren’t assigned undue blame.

What Causes Most Motorcycle Accidents in Baton Rouge, LA?

Unfortunately, one of the leading causes of motorcycle accidents is alcohol and drug use. Other common causes of motorcycle accidents include:

  • Speeding
  • Lane switching and cars not seeing motorcyclists
  • Fatigued driving
  • Dangerous road conditions
  • Inexperience or inattention
  • Distracted driving
  • Loss of control turning corners

Further, while not wearing a helmet does not cause motorcycle accidents, it greatly increases the chances of suffering a serious or fatal injury in a motorcycle accident.

How Do I Prove Negligence After a Motorcycle Accident in Baton Rouge, Louisiana? 

If you were involved in a motorcycle accident in Louisiana, you will probably need to prove that the other driver was negligent to recover compensation. Basically, a person is negligent when they fail to exercise reasonable care and caution under the circumstances.

To succeed in your negligence claim in Louisiana, you will need to prove the following four elements:

Duty of Care

You must show that the defendant had an obligation to conform to a certain standard of care toward you. The normal standard of care is to act the way a reasonably prudent person would under the same or similar circumstances. 

Breach

You must show that the defendant breached or violated the required duty of care.

Causation

You must prove that the defendant’s actions or omissions were the factual and legal cause of your injuries. “Factual cause” means the victim’s injury would not have occurred without the defendant’s action. “Legal (proximate) cause” means that the victim’s injury was caused by the defendant’s action and was a reasonably foreseeable result of the defendant’s action. 

Damages

You suffered injuries or some type of loss. 

You must prove each of these elements “by a preponderance of the evidence” to win your case.

How Long Do I Have To File a Lawsuit After a Motorcycle Accident in Louisiana?

Each state sets out a certain period of time in which a personal injury victim must file their case. This deadline is known as the statute of limitations. In Louisiana, you have one year from the date of a motorcycle accident to file a lawsuit. 

If your case is not filed on time, you will not be able to bring your case to court and may miss out on the compensation you deserve. A knowledgeable personal injury lawyer will make sure your motorcycle accident case is filed appropriately.

Contact Our Baton Rouge Motorcycle Accident Lawyers for a Free Consultation

Motorcycle accidents can be particularly serious accidents, and you deserve a particularly skilled attorney to fight for justice in your case. The Baton Rouge motorcycle accident attorneys at Palmintier Law Group are here to help.

Contact our office online or at (225)-344-3735 to schedule a free consultation with a member of our team.

Our personal injury law firm in Baton Rouge, LO also handles: