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.
Our law firm has over eight decades of combined experience representing clients involved in brain injuries, wrongful death cases, Baton Rouge personal injury, pedestrian accidents, product liability, premises liability, and more.
To schedule a free consultation with a member of our team, contact our office online or at 225-401-6962.
Types Of Motorcycle Accident Cases We Handle
Riding a motorcycle provides an unmatched feeling of freedom, but it also comes with a greater risk of the rider being involved in a catastrophic accident that results in serious injuries. While a helmet and the appropriate riding gear provide some protection, they do little to shield a rider from the full impact of being hit by a car.
According to the National Highway Transportation Safety Administration (NHTSA), the lack of protection, coupled with the high speed, makes riders five times more likely to be injured in an accident than vehicle occupants. If you or a loved one was injured in an accident with a motorcycle, don’t hesitate to reach out to one of our skilled Baton Rouge, LA motorcycle collision attorneys at Palmintier Law Group.
Here are some of the many different kinds of motorcycle accident cases we have successfully pursued on behalf of injured riders:
Head-On Collisions
Head-on collisions are among the most catastrophic types of motorcycle accidents that occur when one vehicle hits another vehicle front-end to front-end. Motorcycles can be harder to spot on the road, and when motorcyclists are struck head-on in an accident, the lack of external protection leaves them vulnerable to severe trauma. According to data from the National Highway Traffic Safety Administration (NHTSA), 76% of fatal multi-vehicle motorcycle crashes result from head-on impacts..
Dooring Accidents
Dooring is a type of accident that happens when a driver or passenger opens a car door into the path of an oncoming motorcycle. When the door swings open unexpectedly, it can strike the motorcyclist directly or force them to swerve suddenly and veer into oncoming traffic to avoid it.
Even if dooring happens at lower speeds, the risks to motorcyclists are substantial and often result in head injuries, broken or fractured bones, and soft tissue injuries. It is the responsibility of drivers and passengers to look for approaching vehicles before opening their doors.
Read-End Crashes
Rear-end collisions occur when the front end of a vehicle strikes the back end of another. These accidents can happen for several reasons, including the driver failing to notice the motorcyclist, following too closely, or the lead vehicle stopping abruptly due to road conditions or obstacles. Rear-end crashes can throw motorcyclists from their bikes, leading to severe injuries—cases often handled by a skilled Baton Rouge neck injury lawyer..
Lane Change Or Merge Accidents
Lane change or merge accidents happen when the driver of a car, SUV, or truck attempts to change lanes without taking the proper safety precautions. These accidents can result from a driver failing to check their blind spot, using their turn signal, or not being aware of the motorcycle’s presence.
In fact, the National Highway Traffic Safety Administration reports that one of the leading causes of multi-vehicle motorcycle accidents is drivers overlooking motorcycles on the road, especially in heavy or fast-moving traffic. Unsafe lane changes can lead to devastating outcomes for motorcyclists, including traumatic brain injuries, internal bleeding, broken bones, nerve damage, permanent disfigurement, paralysis, or even death.
At Palmintier Law Group, our motorcycle accident lawyers have a proven track record of holding negligent drivers accountable and delivering results that reflect the true value of our clients’ injuries and losses. For example, we recovered $2.05 million for the family of a woman who tragically died in a motorcycle crash on Interstate 55, a testament to our unwavering dedication to securing justice for grieving families.
Should you find yourself in a collision with another vehicle, it’s essential to seek medical attention and get in touch with one of our qualified Baton Rouge motorcycle accident attorneys as soon as possible.
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, effective July 1, 2024, you have two years from the date of a motorcycle accident to file a lawsuit. If you were injured prior to this date, you have only one year to bring a claim.
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 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 motorcycle accident attorneys at Palmintier Law Group are here to help.
Contact our office to schedule a free consultation with a member of our team.