What Happens if You are Partially At Fault for Your Motorcycle Accident?

Georgia B. Day

Motorcycle drivers are probably better known for dressing all in black, lane splitting, and speeding than they are for wearing neon orange and driving carefully and conservatively. Not surprisingly, the number one statement made by passenger car drivers involved in accidents with a motorcycle is “I never saw him.”

Motorcycle Accidents and Injuries

When it comes to motorcycle accidents, the injuries suffered by the rider are almost always severe. Because they are unprotected, except by a helmet and a little bit of leather, motorcycle riders who are hit by a passenger car frequently suffer serious,  if not fatal, injuries. In addition to the emotional damage caused by a crash, these injuries often include traumatic brain injuries (TBI), neck injuries, back injuries, severe road burns, and spinal injuries.

Such injuries frequently require years of extensive rehabilitation and therapy to recover from and the costs associated with the required medical care can be prohibitive. Insurance may cover some of a victim’s losses, but a personal injury claim against the at-fault party is often the best way to recover for one’s damages.

But what happens if you, as the motorcycle driver were at-fault or partially at-fault for causing the accident in the first place? Does it mean that you cannot recover for your injuries?


Louisiana’s Comparative Fault Law

While it would be better if you were not at-fault for the accident of course, if what you did (or did not do) caused or contributed to the accident, it does not mean that you will automatically be prevented from recovering compensation for your injuries.

When it comes to recovering for damages suffered in a motorcycle (or car) accident, Louisiana follows a traditional “fault”-based system.  This means that the person who was at fault for causing the accident (generally through his/her insurance carrier) is responsible for paying for any resulting harm. Like most states, Louisiana requires vehicle owners to maintain liability insurance in accordance with certain minimum limits set by law.

If, however, you were partially at-fault for the accident, this does not mean that you cannot recover for your injuries from the other party involved. In Lousiana, it means that any award you may ultimately receive in a personal injury claim or lawsuit will be reduced by the percentage at which you were at fault for the accident. Bear in mind, however, that there is no set formula that is used to determine fault percentage in a personal injury claim. This means that your personal injury attorney can often negotiate a lower percentage of fault for you (depending, of course, on the facts of your case).

Motorcycle Accidents: Serious Injuries. Serious Accident Attorneys Here to Assist You.

If you or someone you love has been injured in a motorcycle accident, call us ToDay! We are motorcycle accident and personal injury attorneys. We offer FREE consultations and we don’t get paid unless you win your case. We have offices in Baton Rouge, and we serve all of Southern Louisiana.  Call 225-200-0000 ToDay to schedule your free consultation.

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Justin A. Day

A proud graduate of Southern University Law Center and former president of the Phi Alpha Delta Law Fraternity, Justin is best known for providing his clients with the personal attention they need while fighting hard to get them the compensation they deserve. Justin and his team are not afraid to take on the tough cases or fight the good fight. Dedicated and tenacious, for over 18 years, Justin has consistently achieved superior results for the clients he serves.

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Georgia B. Day

Georgia B. Day

Georgia B. Day is an experienced personal injury and worker’s compensation attorney. A former Administrative Law Judge for the Louisiana Workforce Commission, Georgia is driven by a desire to obtain justice for individuals injured in the workplace and those who have been injured due to the carelessness of others. Georgia takes pride in providing her clients with the best possible representation. Polished and professional, Georgia is best known for her excellent work ethic, obtaining superior results, and her responsiveness to clients.

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