When you are in a motorcycle accident that was another driver’s fault, you can file a claim to recover damages like medical expenses, pain and suffering, and lost income. The average motorcycle accident settlement in Louisiana is much higher than the typical passenger car accident because motorcyclists sustain much more severe injuries and other damages. However, there are several factors that influence the value of each individual settlement.
There were a total of 1,583 motorcycle crashes in Louisiana in 2024. Seventy of these crashes were sadly fatal, leading to 69 fatalities, 68 of which were driver fatalities. Motorcyclists had a fatality rate that was 22 times that of those in passenger cars based on the rate of vehicle miles traveled, and motorcyclists also frequently suffered disabling and catastrophic injuries.
Some of the factors that affect the outcome of a settlement include:
One of the main factors that influences a settlement amount is the damages you sustained in the crash. A motorcycle accident claim could recover any of the following damages you suffered:
The total of these costs will indicate the full and fair compensation you should ideally receive, although other factors can limit your ability to secure this full amount.
Louisiana uses an at-fault and comparative-fault system. An at-fault system means the driver or other party who was the cause of the accident is liable for the damages. Through comparative fault, multiple at-fault drivers are liable for the percentage of the fault. For example, if one driver is 30% liable for the accident, their insurance is liable for 30% of the damages, and their own damages are reduced by 30%.
If you are a motorcyclist who was injured in an accident, your compensation could be limited if you were partially at fault. As long as you are not entirely at fault, you can still recover a portion of your damages.
Getting legal support is especially important in these cases. This helps you limit the percentage you are found liable, improving the value of your settlement. If you were not liable, but the other party is claiming you were, an attorney can fight for your interests and prove actual fault. Many times, insurers claim that a motorcyclist took a known risk or failed to ensure they were protected to prevent injuries. An attorney can fight against these assumptions.
You are more likely to obtain maximum and fair compensation when you hire an experienced and dedicated motorcycle accident attorney. An attorney is skilled in assessing the damages you suffered and determining what economic and non-economic damages are necessary for you to recover fully from the accident.
Insurance companies do not want to pay you full compensation for your injuries and will fight to reduce their liability. They may claim your injuries are not as serious or that you were at fault for the accident and not the driver they insured. Working with an attorney makes it easier to gather evidence to argue against these claims. An attorney also negotiates on your behalf, so you don’t have to handle the frustrating process of talking with an insurer.
Evidence and documentation of your accident are important in a claim. This includes medical documentation, medical professional opinions, photos and videos of the accident, accident reports, repair estimates, work history, lost income proof, and witness statements.
The more evidence that supports your case, the more likely the other party will settle for fair compensation rather than argue the case in court. The evidence can also improve the outcome of a successful trial verdict.
The insurance coverage limits of the at-fault driver can limit the total compensation that a motorcyclist can recover. If the at-fault driver does not have any insurance, it can be harder to get the compensation you deserve. There may be other options for financial recovery, but not always.
The value of most motorcycle accident settlements is entirely dependent on the damages the injured individual suffered and other factors. If the other party can be held 100% liable, then you could recover the entirety of these damages, especially if you work with an attorney. However, if you are partially liable for the crash, this can reduce your damages. Other factors can also influence the settlement you can recover, like how much evidence you have.
The amount you can get for pain and suffering in Louisiana will depend on how serious your injuries are and how much they affect your life. A more serious injury may require medical treatment for the rest of your life and impact your ability to complete daily tasks. This would likely result in higher pain and suffering and other non-economic damages. A permanent disability from an accident would likely result in higher economic and non-economic damages.
The time it takes to settle a motorcycle accident claim varies significantly. Some settlements could be secured quickly, while others can take a long time and even have to go to court. A case may take longer if:
Every motorcycle accident is unique, and multiple parties may be at fault depending on the circumstances. When drivers and motorcyclists get into an accident, either party may have acted negligently and caused the accident. A driver may have failed to yield to a motorcyclist, or a motorcyclist may have been lane-splitting. When these reckless actions cause a crash, that party can be liable. Motorcyclists are often unfairly blamed even when they are not liable.
You have a limited period of time to file an insurance and civil claim for damages after a motorcycle accident. If you miss the civil deadline, you will be barred from any compensation. Talk with the Cox Law Firm today to learn how we can help you recover from an accident.
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