Motorcycle accidents can be devastating, often resulting in severe injuries and significant financial burdens.
If you’ve been in a motorcycle accident, the confusion and anxiety caused by the legal and financial implications can be immense. Considering filing a motorcycle accident lawsuit claim is stress-inducing, can raise many questions, and can be confusing. And, then, how to navigate the path to a fair settlement for your injuries? Unsure where to begin?
In this blog, an accomplished motorcycle accident attorney will address some frequently asked questions about motorcycle accident settlements.
You’ll learn about compensation claims in motorcycle accident cases, understand what a motorcycle lawsuit accident settlement involves, and learn what to anticipate when you file a motorcycle accident lawsuit in Lafayette or other cities in Louisiana.
How Much Are Most Motorcycle Accident Settlements?
When it comes to motorcycle accidents, one of the most common questions is what the typical motorcycle accident claim amount will be.
Unfortunately, there is no hard and fast answer since the amount can vary based on several factors. Some of these factors include the:
- Severity of injuries sustained.
- Medical costs incurred.
- Lost wages due.
- Emotional damages suffered as a result of the accident.
- Other potential factors.
The settlement amount in a motorcycle accident case is dependent on the specifics of the case and the expertise of your motorcycle accident lawyer.
For minor injuries with less severe financial implications, the motorcycle accident case settlement may range from a few thousand dollars to tens of thousands.
However, in cases involving severe injuries, permanent disabilities, or even wrongful death, settlements can potentially reach hundreds of thousands or even millions.
What Is the Statute of Limitations for a Motorcycle Accident Lawsuit in Louisiana?
In the state of Louisiana, the statute of limitations for filing a motorcycle accident lawsuit is one year.
This means you have exactly one year from the date of the accident to file a lawsuit against the party you believe is responsible for your injuries. This timeline applies to both personal injury claims and property damage claims.
This one-year period is relatively short compared to other states, which means it’s crucial to act quickly if you’ve been involved in a motorcycle crash accident in Louisiana. If you fail to file your claim within this period, you will likely lose your right to pursue compensation through the court system.
However, there are certain exceptions to this rule. For instance, if motorcycle accident victims are minors or mentally incapacitated, the statute of limitations may be extended. Similarly, if the injury or damage wasn’t discovered immediately after the accident, the clock might start ticking from the ‘date of discovery‘ of the injury rather than the date of the accident.
It’s also important to note that the statute of limitations is different for filing a claim with an insurance company. Most insurance companies require you to report an accident as soon as possible, often within a matter of days.
Given the complexity of these rules and the potential for exceptions, it’s recommended to consult with an experienced motorcycle accident lawyer as soon as possible after an accident. They can provide you with guidance tailored to your specific situation and ensure that all deadlines are met.
Are Most Motorcycle Accidents the Biker’s Fault?
While it’s a common stereotype to assume that motorcyclists are usually at fault in motorcycle crash accidents, the reality is often different. According to data from the National Safety Council, nearly 60 percent of all fatal motorcycle accidents involve at least one other vehicle. In collisions involving motorcycles and cars, it’s often the car driver who is at fault.
Common scenarios include:
- A car turning left in front of an oncoming motorcycle.
- A car merging into a lane already occupied by a motorcyclist.
- A car hitting a motorcyclist from behind.
However, this doesn’t mean that motorcyclists are never at fault. Motorcyclists can contribute to accidents by speeding, riding while impaired, or not following traffic rules.
Additionally, single-vehicle motorcycle accidents, which account for a significant proportion of motorcycle accidents, are typically the fault of the motorcyclist.
Fault in a motorcycle accident is determined based on the specifics of the situation.
In Louisiana, motorcyclists are required to wear a helmet. If a motorcyclist is not wearing a helmet and gets into an accident, this could potentially impact the determination of fault or the amount of motorcycle accident claim damages that the motorcyclist can recover.
Louisiana follows a comparative fault system. This means that if a motorcyclist is found to be partially at fault for an accident, any damages awarded to them would be reduced by the percentage they were found to be at fault.
For example, if a motorcyclist was found to be 20% at fault for an accident, they would only be able to recover 80% of the total damages awarded.
Even if a motorcyclist is not at fault for an accident, if they were not wearing a helmet, this could be considered an act of negligence. This might lead to a reduction in the damages that the motorcyclist can recover.
However, the impact of not wearing a helmet in a legal case can vary based on the specifics of the accident and the injuries sustained. If the motorcyclist’s injuries would not have been prevented or reduced by wearing a helmet, then not wearing one might not have a significant impact on the motorcycle injury claim case.
If you’re involved in a motorcycle accident in Lafayette or other towns in Louisiana, it’s important to consult with an experienced motorcycle accident lawyer who can help navigate the complex legal issues involved and protect your rights.
What Are Common Injuries in Motorcycle Accidents?
Motorcycle riders are vulnerable to a wide range of injuries in an accident. The nature of motorcycles exposes riders to a significantly higher risk of injury compared to car occupants.
The lack of physical protection in the form of an enclosed vehicle leaves motorcyclists vulnerable to severe injuries. Some of the most common injuries suffered in a motorcycle crash include road rash, broken bones, traumatic brain injuries, and spinal cord injuries.
Road Rash
Road rash refers to skin and tissue damage that occurs when a rider is thrown off their bike and skids along the road surface. Depending on the speed and the protective gear worn by the rider, road rash can range from mild to severe.
Mild road rash is similar to a superficial scrape or a carpet burn, but severe cases can scrape away multiple layers of skin, sometimes down to the bone. These severe cases are not just painful but can lead to serious complications such as infections, nerve damage, or permanent scarring.
In the most serious cases, road rash can result in significant scarring and may require skin grafts to heal.
Broken Bones
Broken bones are a common injury in motorcycle accidents. Given the nature of these accidents and the lack of protection compared to other vehicles, motorcyclists can easily sustain fractures during a collision.
Commonly, motorcyclists may break their arms or legs as these are often the first point of contact in an accident. In particular, fractures to the tibia, femur, and pelvis are frequently reported in serious motorcycle crashes.
Wrist and arm fractures, often referred to as “biker’s arm,” occurs when the biker instinctively throws out an arm to break a fall with their hands during a crash, resulting in nerve damage to the arm and upper body.
The severity can range from simple fractures that can heal with time to complex ones that may require surgery and may lead to long-term disability.
Riders can also sustain rib and collarbone fractures, both of which can lead to serious complications like punctured lungs or damaged blood vessels.
It’s crucial to note that even minor fractures can lead to significant pain and suffering, loss of mobility, and substantial medical costs. Serious fractures might require surgeries, lengthy recovery periods, and could even lead to long-term disability.
This is where the expertise of a motorcycle accident attorney comes into play. They can help injured riders understand their rights, calculate the total costs of their injuries, and pursue the maximum compensation possible in their case.
Their role is vital in assisting victims to navigate through the often complex process of filing a personal injury claim, negotiating with your insurance company, and, if necessary, taking the case to court.
If you or a loved one have been injured in a motorcycle accident, contact a Lafayette motorcycle accident lawyer and file a motorcycle injury lawsuit.
Traumatic Brain Injuries (TBI)
A traumatic brain injury is a severe head injury that can result in a range of physical, cognitive, and psychological impairments.
Traumatic brain injuries are among the most serious injuries a motorcycle rider can sustain. They occur when a rider’s head strikes the ground or another object with force. Even with a helmet, a rider can still sustain a TBI.
A study by the National Highway Traffic Safety Administration (NHTSA), involving 104,472 injured motorcyclists in traffic accidents, revealed that 15% of riders who were wearing helmets and 21% of riders who weren’t, suffered from Traumatic Brain Injury (TBI).
Within this group, TBI was responsible for the unfortunate loss of 54% of the riders who did not survive the accidents. Symptoms can range from mild concussions to severe brain damage that can result in permanent cognitive impairment, coma, or death.
If a TBI is sustained in a motorcycle accident due to the negligence of another party, personal injury lawyers can help victims seek compensation for medical expenses, lost wages, and pain and suffering.
A motorcycle injury lawsuit can help victims seek compensation for these things due to a TBI sustained in a motorcycle accident caused by someone else’s negligence.
Spinal Cord Injuries
Spinal cord injuries are another common but severe type of injury that motorcyclists can sustain in an accident. These injuries occur when there’s damage to any part of the spinal cord or nerves at the end of the spinal canal. This can cause permanent changes in strength, sensation, and other body functions below the site of the injury.
Motorcyclists are particularly at risk for spinal cord injuries because, unlike in a car, there’s no protective structure around them. Instead, their bodies often take the full impact of a collision. This can lead to injuries such as fractured vertebrae, herniated discs, or even paralysis in the most severe cases.
Spinal cord injuries are not only physically devastating, but they can also lead to significant financial burdens due to medical expenses, rehabilitation costs, and potentially lost income. This is where a personal injury lawyer can play a crucial role. A lawyer can help motorcyclists recover damages to offset these costs and advocate for their rights throughout the legal process.
Motorcycle accident lawyers can play a crucial role in helping victims of motorcycle accidents in Lafayette navigate the aftermath of these traumatic injuries. They can help to ensure that the victims receive fair motorcycle accident claims and compensation for their medical bills, lost wages, pain and suffering, and other losses related to the accident.
What is the Most Common Motorcycle Accident?
The most common type of motorcycle accident is a collision with another vehicle, most often a passenger car.
Left-Turn Accident
A significant proportion of these accidents occur when a car turns left in front of an oncoming motorcycle. This scenario is so common that it’s often referred to as the “left turn accident.”
This type of accident typically occurs because the driver of the car fails to see the motorcycle or misjudges its speed. Motorcycles are smaller and less visible than cars, which can make it difficult for car drivers to accurately perceive their presence and speed.
Single-Vehicle Accident
Another common type of motorcycle accident is the single-vehicle accident, where the motorcyclist loses control and crashes without any contact with another vehicle. This can be due to various factors such as excessive speed, alcohol or drug use, poor road conditions, or rider inexperience.
These types of accidents are quite common. And when they occur, they can result in serious injuries or even death. Therefore, it’s vital for all drivers to be aware of motorcycles on the road and for motorcyclists to ride defensively, always staying alert to the actions of other drivers.
Lane Splitting
Lane splitting is also a common cause of motorcycle accidents. It refers to the practice of motorcyclists riding between lanes of slow-moving or stopped traffic.
Motorcyclists who split lanes are in danger of being hit by a car changing lanes or opening a door. Drivers may also not expect a motorcyclist to be moving through stopped or slow traffic, and this can lead to accidents.
What is the Average Motorcycle Accident Lawsuit Settlement in Louisiana?
Quantifying motorcycle settlements is tricky. Determining the average motorcycle accident lawsuit settlement in Louisiana can be challenging due to the variety of factors at play in each case.
The following factors can play a role in determining the final motorcycle accident settlement amount:
- The severity of the injury
- The extent of the motorcycle damage and other property damage
- The amount of medical bills and future medical treatment required
- Lost wages
- Pain and suffering
Furthermore, the distribution of fault in the accident between the parties involved can affect the settlement amount.
In Louisiana, which follows a comparative fault rule, even if you were partially at fault for the accident, you can still recover damages. However, your compensation will be reduced by the percentage of your fault.
Insurance policy limits of the involved parties also significantly influence the motorcycle settlement amount. If the at-fault party has low policy limits, it may not be possible to recover a large motorcycle accident settlement from the insurance company, and you may need to seek compensation directly from the at-fault party.
Lastly, it’s worth noting that most personal injury cases, including those involving motorcycle accidents, are settled out of court, and the details of these settlements are often confidential.
Given these complexities, it’s critical to work with an experienced motorcycle accident lawyer who can guide you through the process, help you recover compensation, and obtain the maximum amount for your motorcycle settlement.
What Percentage of Motorcycle Riders Get into Accidents?
The exact percentage of motorcycle riders who get into accidents can vary depending on various factors such as location, riding experience, and adherence to safety measures. However, it’s important to note that motorcycle riders are at a higher risk compared to occupants of other vehicles.
According to the National Highway Traffic Safety Administration (NHTSA), in 2021, motorcyclists accounted for 14% of all traffic fatalities, despite motorcycles making up only a small percentage of registered vehicles. This indicates that motorcycle accidents can result in severe injuries or death.
How Rare Is it to Crash a Motorcycle?
Crashing a motorcycle is not an extremely rare occurrence. However, the frequency of motorcycle crashes depdends on various factors, such as the number of motorcycles on the road, the riding habits of individuals, and the overall safety measures in place.
It’s worth noting that motorcycles are inherently less stable and offer less protection compared to other vehicles. This, combined with factors such as rider behavior, road conditions, and other drivers’ actions, can contribute to the occurrence of motorcycle collisions and crashes.
How Long Does it Take to Recover From a Motorcycle Accident?
The recovery time from a motorcycle accident can vary significantly depending on the nature and severity of the injuries sustained. Minor injuries may heal relatively quickly, while more severe injuries may require extensive medical treatment and rehabilitation.
Recovery from a motorcycle accident can involve physical therapy, surgeries, medication, and other forms of treatment. The length of recovery can range from weeks to months or even years, depending on the individual circumstances.
It’s important to follow medical advice and work closely with healthcare professionals to ensure the best possible recovery. Additionally, consulting with a Lafayette personal injury attorney can help you understand your legal rights and options for seeking compensation for your injuries and related expenses in a motorcycle lawsuit.
How Long Are You Sore After a Motorcycle Accident?
The duration of soreness after a motorcycle accident can vary depending on the extent of the injuries and individual factors. It’s not uncommon for individuals to experience soreness and discomfort for several weeks or even months after an accident.
Soreness can be a result of muscle strains, contusions, or other soft tissue injuries that commonly occur in motorcycle accidents. While mild soreness may subside with time and rest, more severe injuries may require medical intervention and longer recovery periods.
If you’re experiencing prolonged or worsening soreness after a motorcycle accident, it’s essential to consult with a healthcare professional for a proper evaluation and treatment.
What Percent of Motorcycle Accidents Result in Injury or Death?
According to the NHTSA, about 80% of reported motorcycle accidents resulted in injury or death to the motorcyclist. Motorcycles offer less protection compared to other vehicles, making riders more vulnerable in the event of an accident. Therefore, motorcycle accidents have a higher likelihood of causing injuries or fatalities compared to accidents involving other types of vehicles.
The risk of injury or death in a motorcycle accident underscores the importance of taking necessary safety precautions, such as wearing proper protective gear, following traffic laws, and practicing defensive riding techniques. Additionally, it highlights the need for responsible behavior by all road users to help prevent accidents and ensure the safety of everyone on the road.
What Is the Chance of Surviving a Motorcycle Accident?
The chance of surviving a motorcycle accident depends on various factors, including the severity of the accident, the use of safety gear, the speed of the vehicles involved, and the promptness and quality of medical care received.
Motorcycle accidents can result in serious injuries, including head trauma, spinal cord injuries, and internal organ damage. These injuries can have a significant impact on the outcome of the accident.
While it is challenging to provide an exact survival rate for motorcycle accidents due to the variability of circumstances, wearing a helmet has been shown to significantly improve the chances of survival and reduce the risk of head injuries. According to the NHTSA, helmets are estimated to be about 37% effective in preventing fatal injuries to motorcycle riders and about 41% effective for passengers.
Motorcyclists need to prioritize safety, including:
- wearing helmets and other protective gear.
- practicing defensive riding.
- being vigilant on the road.
Having proper insurance coverage and consulting with a knowledgeable personal injury attorney in the event of an accident can help protect the rights and interests of motorcycle riders.
Should I File a Motorcycle Accident Claim If I Am Injured?
If you have been injured in a motorcycle accident due to the negligence or fault of another party, it is generally advisable to file a motorcycle accident claim. Filing a claim allows you to seek compensation for the damages and losses you have incurred as a result of the accident.
Motorcycle accidents can result in various expenses, including medical bills, rehabilitation costs, lost wages, property damage, and pain and suffering. Filing a claim can help you recover these costs and ensure that you are not left with the financial burden caused by the accident.
Navigating the legal process and dealing with insurance companies can be complex and overwhelming, especially when you are already dealing with the physical and emotional consequences of the accident. That’s why it is crucial to consult with an experienced personal injury attorney who specializes in motorcycle accidents and motorcycle settlements.
A skilled personal injury lawyer in Lafayette can guide you through the claims process, negotiate with insurance companies on your behalf, gather the necessary evidence to support your case and advocate for your rights. They can help ensure that you receive fair compensation and assist in maximizing the settlement amount or pursuing a lawsuit if needed.
If You Have Questions About Your Motorcycle Accident Settlement, Contact The Law Offices of Blaine Barrilleaux
Dealing with the aftermath of a motorcycle accident can be overwhelming, but with the right legal representation and support, you can focus on your recovery while having peace of mind knowing that your case is in capable hands.
At The Law Offices of Blaine Barrilleaux, we are dedicated to helping residents of Lafayette and other cities in Louisiana who have been injured as a result of someone else’s negligence. We understand the complexities involved in personal injury case settlements, and we are here to provide you with the guidance, legal representation, and support you need.
If you’ve been injured in a motorcycle accident or any other type of personal injury incident, we offer a free consultation to discuss your case. We can assess the details of your situation and provide you with a clear understanding of your legal rights and options.
Contact us today for a free consultation and learn how we can help you navigate the personal injury settlement process. We are committed to fighting for your rights and obtaining the fair compensation you deserve.