Have You Been Injured in a Motorcycle Accident?
Motorcyclists Frequently Suffer Serious Injuries from Vehicle AccidentsWhen motorcyclists collide with other vehicles, the motorcyclists, rather than the other drivers, generally suffer the brunt of the damage. According to vehicle crash data compiled by the Highway Safety Research Group at Louisiana State University, in 2012, over 2,100 vehicle crashes in Louisiana involved motorcyclists, and over 75% of these crashes resulted in an injury or fatality to the motorcyclists.
Do You Have a Good Case?Drivers who cause motorcycle accidents may be held liable in negligence. To make a claim of negligence, you must prove the existence of four elements: the defendant owed a duty of care to the plaintiff; defendant breached that duty; the breach resulted in injury, and the plaintiff suffered damages.
In the context of vehicle accidents, every driver owes a duty of care to other users of the road, whether truckers, other motorists, motorcyclists, pedestrians, or bicyclists. This duty encompasses compliance with traffic laws, as well as observing the rules of the road regarding rights of way, changing lanes, using headlights, and so on. When a driver causes an accident by breaching his or her duty to others—whether from intoxication, recklessness, distraction, fatigue, or inattention—and thereby causes an accident which results in injury, death, or property damage, he or she may be held liable in a civil court by the injured party or parties.
For motorcyclists, this means that if you have been injured in an accident involving another driver who failed to see you or otherwise violated traffic laws or good driving practices, under Louisiana law you may be able to bring a negligence case against the motorist to recover damages for medical costs, physical rehabilitation and therapy, pain and suffering, property loss, and other damages.