One of the most common places for a motorcycle accident to occur is at an intersection. Frequently, the driver of a passenger vehicle claims that they did not see the motorcyclist prior to the collision. The driver’s insurance company may take the stance that the driver may not be held responsible under these circumstances, but the fact that the driver did not notice the motorcycle does not necessarily absolve the driver of liability for the rider’s injuries or death. The Lafayette motorcycle accident lawyers at Broussard & David can help an injured rider fully investigate the cause of an intersection accident to determine who was at fault.Holding Careless Drivers Liable for an Intersection Accident
When liability is disputed after a motor vehicle collision, such as a motorcycle accident that happened at an intersection, the plaintiff has the burden of proving that the defendant was negligent. This proof must be sufficient to show that the plaintiff is entitled to receive money damages. Evidence in a motorcycle accident case often includes documentary evidence like photographs or video surveillance of the accident scene, lay testimony from the parties and eyewitnesses, and expert testimony from medical providers and accident reconstruction experts. Although the police or other first responders will usually investigate an intersection accident and perhaps even issue a citation to the party whom they believe caused the accident, this initial determination of fault is not binding on the civil court in which a negligence claim is filed.
In order to establish a claim of negligence in a motorcycle accident case arising from an intersection collision, the plaintiff must prove that the defendant owed a legal duty, that the defendant breached this duty, that the plaintiff was harmed, and that there was causation between the breach of the duty and the harm to the plaintiff. There are multiple components of causation, including proximate cause and legal cause. The element of causation is complex and may be difficult to prove without a careful investigation and an aggressive approach to defeating allegations by the defendant that something other than their carelessness caused the crash.
Depending upon the particular harm that befell the plaintiff due to the wreck, the damages in a motorcycle accident case may include lost wages, medical expenses, pain and suffering, and other losses. However, it may be possible for a defendant in a personal injury or wrongful death case to seek a reduction of damages based on the plaintiff’s alleged comparative fault in causing the crash. This is an especially common ploy by defendants in motorcycle accident cases. If the rider is accused of being negligent, their fault is weighed by the trier of fact against the negligence of the defendant. The plaintiff may still recover damages in a case in which comparative fault is an issue, but they may only recover damages in the proportion of the fault attributed to the defendant in the case.Contact a Lafayette Lawyer After a Motorcycle Accident
If you are a rider who has been hurt in an intersection collision, you may be entitled to substantial compensation for your injuries. However, it is very unlikely that the defendant’s insurance company will offer you a fair settlement. Instead, they will most likely engage in delay tactics, lowball offers, and other efforts to designed to dissuade you from talking to a motor vehicle collision attorney and filing a claim against the negligent driver who caused the crash. Meanwhile, evidence may be fading away, reducing the ultimate value of your case. To talk to an experienced Lafayette motorcycle accident attorney about your case, call Broussard & David today at (888) 337-2323 or contact us online. We serve residents of New Orleans, Baton Rouge, New Iberia, Eunice, Lake Charles, and Alexandria, as well as other areas of Lafayette, Orleans, East Baton Rouge, Iberia, St. Landry, Calcasieu, and Rapides Parishes.