Lafayette Motorcycle Accident Lawyer

Motorcyclists are more vulnerable to serious injuries than drivers or passengers in cars. Riders often suffer severe injuries, some of which prove fatal.

Crash victims and their families are frequently overwhelmed by many emotional, physical, and financial challenges. After an accident caused by a negligent driver, an experienced motorcycle accident lawyer in Lafayette can help. 

At Galloway Jefcoat Injury Attorneys, we have been helping injured victims in Louisiana for the last three decades and have recovered hundreds of millions in compensation for our clients.

The initial consultation is free, and there are no upfront fees if we take your case. There is no risk in contacting our firm to see how our Lafayette personal injury lawyers can assist you.

Do I Have a Valid Case for Seeking Compensation?

Our Lafayette motorcycle accident attorneys must review all the relevant facts about your situation to answer this question accurately. For this reason, we offer a free consultation to discuss your unique circumstances.

Some of the issues we may cover in this meeting include:

• Crash details, such as how it happened and what may have caused it
• Type and severity of injuries you sustained
• Expected date of recovery, as diagnosed by your doctor
• Evidence from the accident scene, such as photos of vehicle damage, your injuries, and the crash location
• Insurance coverage that may be available
• Medical costs and other damages you have been billed for
• Whether you have been out of work or had to work fewer hours

In addition to gathering this information, the qualified attorney you meet with also needs to consider whether negligence played a role in causing the crash. Establishing negligence requires proving the presence of four elements.

If filing a claim against a negligent driver, proving negligence can include:

• Duty of care: Drivers have a duty to act reasonably to help prevent harm to others, such as by following traffic laws.
• Breached duty of care: The driver failed in this duty, such as by running a red light.
• A causal link to your injuries: The breach of the duty of care must have directly led to the crash that caused your injuries.
• Damages: Tangible damages must have resulted, such as lost wages and medical costs.

What Is the Benefit of Having a Motorcycle Accident Attorney in Lafayette Handle My Case?

A qualified attorney has extensive knowledge of the law and the legal process, as they have been through it many times. This is just one of the reasons why injury victims who hire a lawyer typically recover significantly more compensation when compared to those who do not.

While you focus on your health and your family, our experienced motorcycle accident attorneys in Lafayette are prepared to work hard to maximize your recovery by:

• Thoroughly investigating the accident
• Gathering strong evidence to support your claim
• Interviewing eyewitnesses
• Examining your medical records
• Discussing your injuries with medical experts to determine your prognosis
• Negotiating with the insurance providers for a fair settlement

The attorneys at Galloway Jefcoat have been advocating for injury victims for more than 25 years and have a record of success recovering compensation.

How Much Is a Motorcycle Accident Claim Worth?

Each crash is different, and so are the injuries suffered by victims. Some injuries may be more severe than others and take longer to heal. This is just one of many factors that may impact the value of a motorcycle crash victim’s claim for compensation.

That said, the types of compensatory damages an injured victim may be eligible to recover often include:

• Medical expenses for all past, present, and expected future costs for treatment
• Medical devices you may need to help you recover, or to help you because of limited mobility
• Lost wages
• Lost future earning capacity
• Pain and suffering
• Post-traumatic stress disorder (PTSD)
• Emotional anguish
• Funeral and burial costs if your loved one died in the crash

The value of each claim must be assessed on a case-by-case basis. That is why it is important to work with an experienced attorney who knows how to determine all damages suffered and their potential value.

Filing a Claim After a Motorcycle Accident

After suffering injuries in a motorcycle accident, pursuing compensation can be challenging. Having an experienced lawyer by your side to guide you through the process can make all the difference. To begin the claims process, you must first identify the liable parties involved, so you know who you are filing a claim against.

Once we have conducted our initial investigation, identified the liable party, and collected supporting evidence, we will file an insurance claim with the at-fault party’s insurance provider or file a lawsuit against the responsible party directly. We will then begin the negotiation process to attempt to reach a fair settlement, while preparing the case for a potential trial.

As we engage in negotiations, we will go through the steps of the pre–trial process, including:

• Discovery
• Depositions
• Motions
• Pre-trial orders

If a settlement deal can not be reached by the end of the pre-trial process, we will argue your case in court, where we will attempt to secure a favorable ruling.

Are There Filing Deadlines That Apply?

In Louisiana, the filing deadline set by the personal injury statute of limitations is two years from the date of the accident. However, in medical malpractice, product liability, and wrongful death, you only have one year to take legal action. If you miss the deadline that applies to your case, you may be barred from pursuing compensation.

In the case of a delayed injury, such as a traumatic brain injury (TBI), the deadline is two years from the date of the discovery or diagnosis of your injury. However, it is often difficult to apply this exception, which is why crash victims should meet with a lawyer right away to determine if they may have a case. Your lawyer needs time to review the situation and build a strong case.

Other exceptions may apply to some claims, pushing the deadline back or moving it up, giving you less time to file a claim. If you miss this filing deadline, you will likely be barred by the courts from pursuing a case.

Our Lafayette motorcycle accident attorneys are ready to help you understand more about your legal options, including the filing deadline that applies.

What Motorcycle Laws Apply in Lafayette?

Motorcycles are considered motor vehicles in Louisiana. As such, riders have the same responsibilities as drivers and must follow all the same traffic laws. Additionally, there are state laws that apply specifically to motorcycles, including:

• Riders and passengers must always wear motorcycle helmets, unlike some other states where helmets are only required if you are under a certain age
• Motorcycles must have one mirror fitted on the left side of the vehicle
• The height of the handlebars cannot exceed the height of the rider’s shoulders
• Eye protection must be worn if the motorcycle lacks a windscreen
• Motorcycles cannot carry passengers under the age of five
• Lane splitting is illegal
• Motorcycles cannot carry passengers unless they have passenger seats and footrests

I Was Not Wearing My Helmet; Could That Hurt My Case?

It could, but you should still consider meeting with a lawyer if the crash resulted from another’s negligence. While not wearing a helmet might hurt the value of your claim, it may not prevent you from recovering compensation.

Louisiana requires all motorcyclists to wear helmets that meet or exceed the safety standards defined by state authorities. Even though not wearing a helmet is against the law, failing to wear a helmet did not cause another driver’s negligence. Not wearing a helmet may have made you more susceptible to injury, but most riders do not escape a crash without an injury.

The insurance company may use Louisiana’s pure comparative fault system against you. Under this law, if you are injured partly because of your own negligence, you can be assessed a percentage of fault. That percentage of fault will reduce the compensation you are awarded at a proportional rate.

Legal Options for a Claim if the Driver Was Underinsured

Louisiana is an at-fault state, so you would typically pursue a claim through the liable party’s insurance company. If the at-fault party has no insurance or is underinsured, you may be eligible to seek compensation through your own uninsured/underinsured (UM/UIM) coverage.

Technically, this coverage is not required, as you may reject it in writing. However, insurance companies are required to offer it, meaning many motorists have it. If you declined coverage and the driver has assets, such as a home, you may still be able to recover some damages by suing the driver directly. 

However, if the at-fault party has no assets, it may be difficult to obtain sufficient compensation for your damages.

Dealing With Insurers After a Motorcycle Accident

Whether pursuing compensation from the liable party’s insurance provider or your own insurer, it is important to understand that insurance companies care far more about protecting their profit margins than the injury victims who rely upon them.

Many different types of insurance coverage may offer you options for recovering compensation after a crash, including:

• Liability
• Collision
• Comprehensive
• Uninsured/Underinsured Motorist (UM/UIM)
• Medical Payments
• Personal Injury Protection (PIP)

No matter what type of insurance coverage applies, you can be sure the insurer responsible for covering your losses will look for any loopholes to help them avoid paying out the full value of your claim.

The best way to protect yourself and your claim is by hiring an experienced lawyer as soon as possible. By declining to give a statement until you have legal representation and forcing the insurer to work through your lawyer, you will significantly improve your chances of securing the compensation you deserve.

Can Injured Passengers File Injury Claims?

Passengers have the same rights to file a claim as drivers. If you are injured while riding as a motorcycle passenger, you may be eligible to pursue an injury claim against the at-fault party for the damages.

That said, you should be diligent in getting a copy of the police report and obtaining the other information you would get if you were the driver (names, contact details, vehicle, and insurance information).

Contact the Lafayette motorcycle accident lawyers at our firm to learn more about your potential legal options.

Can I Seek Compensation for a No-Contact Accident?

Victims injured in no-contact crashes can seek compensation, but securing damages for these crashes can be especially complicated. Injury victims may greatly benefit from the help of an experienced attorney.

No Contact Claims Against the Government

Some no-contact collisions do not involve other vehicles. For example, one of your wheels could lose traction over a wet or slippery surface, and you could wipe out.

You could also crash while going over a rough road that was not properly maintained. In these types of situations, you may have a claim against the government entity responsible for maintaining the road. 

Your lawyer would need to prove that government negligence made the road unsafe, and this directly caused your crash and injuries.

No-Contact Claims Against a Reckless Driver

A no-contact collision may occur when the victim swerves to avoid a crash with a reckless driver. The driver may be at fault, even though the rider did not crash into the driver’s vehicle. Often, the victim hits another object or vehicle.

If the at-fault driver stays at the scene, you may pursue a claim through that driver’s insurance. In cases where the at-fault party—called a phantom driver—flees the scene, victims may be eligible to seek compensation through the uninsured motorist (UM) portion of their own insurance policy.

Regardless of why the phantom driver may have fled, Louisiana state law requires the plaintiff to use an “independent and disinterested witness” to prove the crash and subsequent injuries were caused by an unknown driver.

How Do Motorcycle Crashes Happen?

Motorcycle accidents often happen because a driver is not paying attention or is otherwise engaged in negligent or reckless driving behavior. Some of the most common examples of negligence that may lead to motorcycle crashes include:

• Failing to check blind spots
• Tailgating or following other vehicles too closely
• Speeding excessively
• Driving distracted
• Failing to yield the right of way
• Driving while under the influence of alcohol or drugs
• Being impaired by fatigue
• Ignoring traffic safety laws

Common Types of Motorcycle Accidents

Every motorcycle accident is different. However, there are several common types of accidents that your particular accident can fall under, including:

• Rear-end collisions
• Left-turn accidents 
• Head-on collisions
• Side-impact crashes
• Intersection accidents
• Fixed object collisions
• Lane-splitting accidents
• Lane-switching accidents
• Dooring
• Road hazards
• Rider error
• Group riding accidents

Common Injuries Caused by Motorcycle Accidents

Motorcycles inherently offer little protection to their riders, so motorcyclists are extremely vulnerable to suffering serious injuries in a motorcycle accident. Common types of injuries a motorcyclist may sustain in a crash include:

• Road rash
• Severe lacerations or burns
• Disfigurement and scarring
• Fractured or amputated limbs
• Spinal cord injuries
• Traumatic brain injuries
• Paralysis
• Death

Get Help From a Knowledgeable Motorcycle Accident Lawyer Serving Lafayette Today

If you or a loved one sustained life-altering or fatal injuries in a motorcycle accident, we encourage you to contact our law offices for help as soon as possible. Our motorcycle accident lawyers in Lafayette have more than two decades of legal experience in Louisiana, and we are ready to fight to protect your best interests.

At Galloway Jefcoat, we operate on contingency, which means that we do not get paid unless we obtain compensation for you through a settlement or jury verdict.

Call for your free case review today. Our law offices accept calls 24/7.