Motorcycle accidents often cause very serious injuries, given that there is little to protect you from impact. Drivers in cars and trucks who fail to look out for the safety of motorcycle riders are often responsible for the injuries you face, and our lawyers can help you hold them accountable.
We can file the right lawsuits and insurance claims to claim the damages you need. This can get you paid for lost earnings, medical expenses, and even your pain and suffering. We can help you know what evidence you need and how to bring a strong case.
If you were hurt in a motorcycle crash, speak directly to the motorcycle accident attorneys at Schoenfeld Law Firm by calling us at (337) 674-2099.
Who is at Fault in a Motorcycle Crash?
Fault is always determined on a case-by-case basis. Our motorcycle accident lawyers cannot say “the driver is always at fault” without examining the specific facts.
Usually, fault is based on a mistake, unsafe action, or traffic violation. This is known as a breach of a legal duty, which makes up half of the elements of a negligence lawsuit. As long as that breach caused the accident and injuries, that is enough to make out the basic elements of fault in a negligence claim.
This means we often look to traffic violations from other drivers on the road, such as the following:
- Speeding
- Drunk driving
- Texting while driving
- Changing lanes without signaling
- Failing to yield while merging or changing lanes
In many cases, defendants will try to flip the accusations and say that you were actually at fault. As long as you were not more at fault than them, we can still sue them for their share of the blame. If you did nothing wrong, you also cannot be held partially liable.
In some cases, other parties are at fault instead or they share liability with a driver, such as a commercial driver’s employer or the manufacturer of a defective auto part.
What Evidence is Needed to Prove Your Motorcycle Claim?
Motorcycle claims are based on a few important areas of evidence:
- Eyewitness testimony can explain to the jury what happened.
- Your own testimony is usually the most important to lay the basic framework of our case and describe the events in order.
- Photos and video of the accident and accident scene show the jury what happened
- Medical records show the injuries you suffered.
- Bills and other records of costs and expenses show the jury how much your case is worth.
There may also be expert testimony we can seek, such as accident reconstruction reports and testimony from mechanics about auto defects that contributed to the crash.
Do You Use Insurance or Sue for a Motorcycle Crash?
You may start your case as an insurance claim, but this might not get you paid. Initial offers from insurance companies are often too low to cover your case in full, and so our lawyers need to negotiate with them to increase your payout. Do not accept their money or sign anything or even speak with the insurance agents before talking to your lawyer.
If we can negotiate a fair settlement, we will encourage you to accept it. Going to court is more expensive, and it should be avoided if possible.
However, when insurance refuses to settle, we may have no choice but to take them to court.
What Damages Can Motorcycle Accident Victims Receive?
Damages for injury cases usually come in four major areas of concern for motorcycle accident victims:
- Medical bills to pay you back for all care you received
- Lost wages to pay you back for the past and ongoing earnings you lose from your injury and recovery time
- The cost of repairing or replacing your motorcycle and other damaged property
- Pain and suffering to pay for the intangible harms of emotional distress, pain from injuries, and more.
There are also other potential expenses to include, such as transportation costs, the cost of childcare for your kids while you are hospitalized, and more. Our lawyers can assess the full cost of your case and include things you might never have considered, such as loss of consortium for your spouse.
Do I Have a Strong Case?
Every case is unique, and it is impossible to gauge the strength of your case without examining your specific facts and evidence in a free case evaluation. We can talk to you about what happened, get a gauge of how much evidence is available, and analyze the general strength of your case and likelihood of success. However, we cannot make any promises.
Three factors generally increase the strength of your case:
- There is ample evidence of what happened, so the jury will be able to understand the facts
- The defendant was obviously at fault and did something clearly wrong to injure you
- You were innocent of any wrongdoing.
That is not to say that other cases are necessarily too hard. In fact, many cases – even ones with weaker evidence or partially at-fault defendants – are still able to be settled or taken to trial for fair values.
How Can a Lawyer Help Me?
Our lawyers have experience with motorcycle accident claims and dealing with insurance. You may have been involved in insurance disputes or accidents before, but we literally make it our job to get injured people the compensation they need.
You can trust us to negotiate with even the most powerful insurance companies, gather all of the evidence we can find to prove your case, and to stand up for you in court if needed. We can advise you of the next steps in your case, file claims for you, and work to get your damages paid.
What is the Deadline to File My Claim?
Most injury claims, including motorcycle accident cases, need to be filed within 2 years of the date of your accident. If you file too late, the court can dismiss your lawsuit, and then there is nothing pressuring the insurance company to pay you. This may mean entirely losing your chance to claim damages.
You should always call us well before this deadline passes so we have time to build a strong case.
Call Our Lafayette Motorcycle Accident Attorneys Today
For a free case evaluation, call our motorcycle accident attorneys directly at Schoenfeld Law Firm by dialing (337) 674-2099.
