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How To Prove Who’s At Fault In A Louisiana Motorcycle Accident Case

  • By: Gennusa Firm
  • Published: October 17, 2024
Motorcycle lying on the road after a motorcycle accident

In this article, you can discover…

  • How negligence is understood in a motorcycle accident.
  • The steps you can take to gather evidence of the other party’s fault.
  • How an attorney can help you navigate pitfalls and challenges. 

What Is Negligence In The Context Of A Motorcycle Accident In Louisiana?

When a person is negligent, it means they have behaved in a thoughtless or careless manner that has caused injury or harm to another person. For example, a person may run a red light, speed, or fail to yield to another motorist. Negligence may also result when a person drinks and drives or drives under the influence of illegal or prescription drugs. 

How Can I Gather Evidence To Prove That The Other Driver Was At Fault?

If possible, take photographs or videos of the accident scene. This includes pictures of your bike and damage to the other vehicle. Photograph your injuries and get a copy of the police report. Also, get a hold of the accident scene report, witness information, medical reports, and car insurance information.

If you were wearing a Go-Pro or similar recording device while riding, be sure to preserve that recording, as this can be extremely valuable evidence. 

What Role Do Police Reports Play In Proving Negligence?

Police reports are valuable sources of information, so be sure to request a copy of this document. The investigating officer will review the accident scene, determine who they feel was at fault, and record this judgment in their report. They may even issue a citation to the negligent party.

All of this data can be helpful in establishing liability, negligence, and the details of your motorcycle accident. 

What Is Comparative Negligence And How Does It Affect My Case In Louisiana?

Louisiana follows something called “pure comparative negligence law”, meaning that the amount of compensation a person receives is determined by their degree of fault in causing the accident. For example, if you are deemed to be 25% at fault for the accident, the amount of damages you receive will be reduced by 25%. 

While comparative fault will reduce your damages, you should still feel free to seek compensation for injuries and other expenses related to the accident. Simply because you may be partly at fault does not mean that your case is not valuable or worthwhile. A personal injury lawyer can go over the details of the accident with you and help determine your legal options. 

What Are Common Defenses That An Insurance Company Might Use To Limit Or Deny My Motorcycle Accident Claim?

Insurance companies are known to characterize motorcyclists as reckless or dangerous on the road. But our attorneys know that this is generally untrue. We understand the dangers riders face and that even the most careful riders can be the victims of serious accidents. 

If you’ve been hurt in a motorcycle accident, reach out to Gennusa Firm. We’ll work hard to help you gather evidence, combat insurance company tactics, and get you the damages your injuries merit. 

Still Have Questions? Ready To Get Started? For more information on Louisiana Motorcycle Accidents, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (504) 308-0922 today.

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