Factors influencing a motorcycle claim are similar to those relevant to a car accident. Motorcyclists, however, are more often wrapped in the stigma of driving too fast and disobeying common traffic laws. They are often perceived to be reckless in general. Therefore, it is important to gather as much information as possible about the accident to help prove that the negligent party who caused the accident was at fault.
In a personal injury case, it is your burden, as the plaintiff, to prove by a preponderance of the evidence that the other party’s negligence caused your injuries. To meet your burden, you will need evidence, typically in the form of a police report, photos of the scene, witness statements, medical records, and medical expert opinions.
If you are able to prove that another vehicle was at fault, you may be entitled to compensation, including compensation for medical bills, disability, lost wages, and property damage.
Another element is the lengths that insurance companies will go to put some of the blame on the biker. Unlike most auto accidents, those involving motorcyclists often result in severe injuries. Motorcycle accident lawsuits more often result in larger settlements for medical treatment and to compensate for lost work and quality of life. Because of this, insurance companies will make every effort to put some of the blame onto the biker and limit the amount of a settlement.
Do not leave investigating the case to adjusters or insurance company lawyers, who — let’s face it — are protecting their bosses’ bottom line. Don’t take the first settlement offer made. Speak to a skilled Louisiana personal injury attorney before you sign any agreement.