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Thibodaux Motorcycle Accident Lawyer

Motorcyclists have just as much right to an injury-free ride as the operators of passenger vehicles do. Unfortunately, motorists sometimes fail to give proper time and attention to motorcyclists, and accidents do happen.

If you were the victim of a motorcycle accident and suffered damages as a result, you may be able to bring a claim against the motorist(s) responsible for the accident with the help of a Thibodaux motorcycle accident lawyer. A seasoned personal injury attorney with the resources and experience to investigate your particular claim can help you take stock of your damages and establish negligence on the part of the parties responsible.

Rights of Motorcyclists in Thibodaux

Motorcyclists have specific rights on the roadways. Pursuant to Louisianna Revised Status 32:191.1, motorcyclists have the right to the full use of a roadway lane. It follows that no other motorists may enter a motorcyclists’ lane or deprive a motorcyclist of it. Motorcycle accidents might often result from a motorist depriving a motorcyclist of their lane of travel, typically by not keeping a proper lookout or making a lane change when it was unsafe to do so.

However, simply causing an accident does not always qualify as grounds for liability to pay for any resulting damages. In order to be held liable, an individual must have acted negligently.

Comparative Fault

When a trier of fact determines who is at fault for a motorcycle accident, they usually apply Louisiana’s system of comparative fault in making their decision. Under Louisianna Civil Code §2323, the actions of all persons involved in a motorcycle accident—whether a party to the particular lawsuit for damages or not—may be considered and compared with others in reaching a determination of who caused the motorcycle accident.

If the court determines that a motorcyclist was partially at fault for causing their own accident, that motorcyclist can still recover for their damages. However, any award would be reduced by the percentage of fault assessed against them for contributing to the accident. A Thibodaux motorcycle accident lawyer could help individual plaintiffs determine whether they contributed to the incident that injured them.

Deadline to File a Thibodaux Motorcycle Accident Claim

Claims for negligence must be presented within the specific statute of limitations to be valid. Under LA. Civ. Code §3492, claims in Louisiana for negligent driving and resulting damages must be presented within one year from the date of the accident.

Failure to file a claim for damages resulting from a motorist’s negligence within this deadline would likely prohibit recovery. An accomplished attorney could help a prospective plaintiff ensure they meet this deadline and any others relevant to the filing to their case.

How a Thibodaux Motorcycle Accident Attorney Can Help

When a motorcyclist’s rights to the road are violated, a serious and possibly even fatal motorcycle accident might result. Even if the motorcyclist was partially to blame for the occurrence of the motorcycle accident, they may still be able to recover for their damages.

Contact a Thibodaux motorcycle accident lawyer today to pursue recovery for your losses. If retained, your attorney can work to ensure a timely claim for damages is made, determine which rights of the road were violated, and bring a claim for negligence on your behalf against all at-fault parties for any resulting injuries and damages.