Motorcycle Accident Lawyer in Metairie
Motorcycle Accident Injury Claims in Metairie
In the case of a motorcycle accident in Metairie LA, if a motorcyclist was not at-fault, they may be able to seek damages from the negligent party who caused the crash. Injured riders are not limited in the damages they may seek to compensate for their injuries and losses, including recovering damages for pain and suffering. Motorcyclists can seek compensation for damages, which may include medical costs, lost wages, and pain and suffering.
Insurance Negotiations for Motorcycle Accidents
After a motorcycle accident, your lawyer may contact the other party’s insurance company to negotiate a settlement for costs resulting from the accident. They can leverage information they get to recover compensation for your expenses. If these negotiations are not successful, or unsatisfactory, you may be able to pursue legal action against the other party with the help of your attorney.
Negligence in Motorcycle Accidents
Many motorcycle accident lawsuits in Metairie are based on negligence of other drivers on the road, in other words, failure on part of another driver to maintain a reasonable amount of awareness on the road. The initial investigation by your lawyer can help to prove the other party acted irresponsibly, did not follow traffic laws, or failed to pay attention to their surroundings. In a negligence lawsuit, your attorney must prove the defendant did not exercise standard of care, that their actions caused the accident, and the accident caused the your injuries. Possible parties could include negligent drivers, reckless drivers, or drivers under the influence of drugs or alcohol.
Product Liability in Motorcycle Accidents
If the cause of a motorcycle accident is due to a contribution of a defect of the motorcycle, the motorcyclist may have a product liability claim against the manufacturer. In some cases, the bike manufacturer will be held liable, for injuries sustained as a result of bad design, or manufacturing. In other cases, the injured must prove that the defect happened during the manufacturing process and contributed to their injury. In most cases, expert testimony and analysis will be needed to determine whether the defect happened during the manufacturing process or after the vehicle was purchased. If during the manufacturing process, the motorcycle company may be responsible. If so, your attorney must prove:
- The defective motorcycle or part was “unreasonably dangerous”
- The motorcycle was being operated as intended by the injured party
- The motorcycle’s overall performance stayed the same since it’s purchase
- Product liability claims may be based on defective tires, brakes, accelerators, and defective fuel systems.
If you have lost a loved one in a motorcycle accident in Metairie, you may be able to recover compensation with a wrongful death lawsuit. An attorney can help you prove negligence of the other driver, and that it was the cause of death.
The attorneys at The Brandner Law Firm in Metairie Louisiana may be able to help you recover compensation for the following:
- Past and Future Medical Expenses: This can include costs for emergency room, hospital care, surgery, and appointments with a doctor due to the accident.
Injured motorcycle accident victims may be entitle to compensation for lost wages due to the accident.
- Pain and Suffering: Motorcyclists injured in an accident may seek compensation for pain suffered as a result of injuries sustained in the crash.
- Mental Anguish: Victims and families may also be awarded for emotional suffering incurred as a result of the accident. This can compensate the victim for fright, embarrassment, nervousness, worry, grief and other forms of emotional distress.
- Loss of Consortium: The uninjured spouse of a motorcyclist injured in an accident may be able to recover damages for loss of marital benefits, including companionship, sexual relations, affection and comfort.
Some Causes of Metairie LA Motorcycle Accidents
There can be several causes of motorcycle accidents, including negligence of other drivers. Some negligence that may result in an accident include the following:
- Pulling unexpectedly in front of a cyclist
- Cutting off motorcyclists at traffic lights
- Failing to obey speed limits
- Failure to yield when required
- Not leaving enough room between the vehicle and motorcycle
- Failure to pay attention to a motorcyclist changing lanes
- Not paying enough attention to other drivers
- Driving under the influence of drugs or alcohol