Motorbike Accidents in Louisiana: What Rights Do You Have as a Victim?
Motorcycle accidents are very common in Louisiana. Therefore, it’s important to know your rights should you ever be in one. Keep reading for more.
A motorcycle exposes you to a lot of risks since it isn’t as protected as a car. They are easily knocked over, causing great potential harm to the driver and any passengers. In Louisiana, out of all road accidents, 12 percent are motorcycle accidents.
The losses and bills that follow such accidents can sometimes be very taxing. This is why you need to know your rights as a victim, so that you can procure proper legal services for your injury. Keep reading to find out more about your rights as a victim of motorbike accidents in Louisiana.
How Can You Exercise Your Rights?
By now we have already established the fact that the roads of Louisiana are hazardous for those who ride motorcycles. This does not take away your right to use your vehicle, and in the event, something happens to you, you have a few legal rights that will help protect you.
Following your accident, you might want to get in contact with a good motorcycle accident attorney. They are also referred to as personal injury attorneys, and they can provide legal services if you are injured due to the carelessness of another driver.
Since there is a large number of motorcycle accidents in Louisiana, there are a lot of experienced attorneys you can reach out to for help.
What Are Your Rights?
While you can take precautions to avoid typical motorcycle accidents, you can’t always be safe. Here’s an elaborate rundown of your rights as a victim, so that you can be prepared when you do finally plan a meeting with your attorney.
1. Speaking to an Attorney
First and foremost, whenever you are in a road accident, you have the right to contact and enlist the help of an attorney—in our case, as we mentioned before, you will be speaking to a personal injury attorney. An attorney will basically be able to explain what you can do in the situation.
After explaining to them the details of your accident, they will be able to tell you whether or not you can or should file a lawsuit against whoever is responsible for your losses.
2. Filing a Lawsuit
Being a victim of an accident, you have the right to file a lawsuit against anyone you deem responsible for your injuries. If another party was involved, then you can sue them for negligence.
In another scenario, it could be that the bike manufacturer sold you a faulty vehicle, which ultimately led to an accident due to malfunction. You have the right to sue them as well. These are some common causes of motorcycle accidents that can be taken to the courts.
You can always file a lawsuit against your insurance company if you feel that the settlement they are willing to provide is not enough to compensate for the damages incurred during your accident.
Statute of Limitations and How It Affects Your Lawsuit
If you do want to go through with a lawsuit, you must file it immediately. In Louisiana, there is something called a statute of limitations. What this basically means is that, after a given amount of time, which is usually about a year, your lawsuit will no longer be valid.
During this one-year time frame, you should not accept any insurance settlements. This will basically prove the fact that you’ve found other ways to settle the matter and no longer require a lawsuit.
Be sure to discuss these issues with your attorney. He can provide you with a solid course of action, especially if a lawsuit can be filed.
3. Filing for Third Party Insurance
At times you can file a third-party claim with the insurance company of another person, or in our case, the offender.
A third-party claim can be made when the actions of another person cause damage to you or your property (in this case, your car). You are being referred to as a third party because you’re making a claim to the offender’s insurance company. Once you make the claim, the insurance company will compensate you for the harm caused.
4. Getting Proper Medical Assistance and Rehabilitation
As a citizen of Louisiana, or any state, in fact, you have the right to seek proper medical assistance in the event of an accident.
Sometimes the after-effects of a motorcycle accident do not immediately manifest themselves. It takes a day or two for any symptoms to show, and it can often be quite severe. This is why you will still have the right to see a doctor a few days after the accident.
Accidents are traumatic experiences. Not only do you have to physically recover from your injuries, but you will also have to recover mentally. This is why you also have the right to seek rehabilitation as well.
5. Gathering Evidence
For any accident, especially those that are a result of negligence, finding and keeping evidence is crucial. This evidence can be used as proof in court if you file a lawsuit against the offender. Similarly, these pieces of evidence can be shown to the insurance company of the other party. You can use them as proof to support your insurance claim against them.
What Counts As Evidence?
So now you know that you have the right to gather and keep evidence of the incident. However, before you actually do go looking for evidence, you should keep in mind that not all your findings will be accepted as proof of what happened.
Here are a few things that count as evidence:
- Accounts from bystanders who were there at the time of the incident
- Pictures of the scene of the accident, your bike, and the vehicle of the other party
- CCTV camera footage (ones installed outdoors near the scene). If you happen to have a dashcam installed on your bike, footage from that can also work.
In Conclusion
Motorcycles aren’t the same as cars—they are smaller and provide less protection than a car. This is why motorcycle accidents can prove to be fatal, as there’s not a lot around you for protection.
Always follow proper safety protocols when taking to the roads. Be sure to know your rights as a victim of Motorbike accidents in Louisiana. Moreover, find a good attorney who will help you make the most of them. I hope that this article will help do just that. Stay safe, and good luck!
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