New Orleans Motorcycle Accident Lawyer Who Understands the Challenges Motorcyclists Face
The Bloom Legal Advantage
In some cases, when dealing with judges and/or insurance companies, there is a negative perception of motorcycle riders premised on the idea that riders are not careful or that they are reckless and there tends to be a presumption that the rider is at fault.
To prove your case and receive what you deserve, you need a competent attorney who is willing to stand up for your rights and represent you in a way that allows for you to be properly compensated for the injuries you have sustained.
Whether an agreeable settlement with the insurance company can be reached outside of court or the case goes to trial, you can count on a New Orleans motorcycle accident lawyer at Bloom Legal to rigorously represent your accident claim and help get you the compensation you are entitled to based on the specifics of your case.
Our New Orleans Motorcycle Accident Lawyer Outlines the Most Common Motorcycle Crashes
Motorcycle accidents happen for a variety of reasons and in many ways. Common types of motorcycle accidents include:
- Unsafe Lane-Changing Accidents. Due to the smaller stature of motorcycles and their ability to move through traffic in ways cars can’t, they are particularly vulnerable to being hit by drivers who change lanes without fully checking their blind spots.
- Front-End Collisions. Bikers, like drivers, need to ensure that there is ample space between themselves and the vehicle in front of them. When a leading driver makes an unexpected or unwarranted stop, or has malfunctioning brake lights, a biker who is following too closely can hit that car and be thrown from their bike at a high velocity. The same can happen in a front-end collision with a fixed object, which can happen because of unsafe road conditions or the need to take sudden evasive accident to avoid another driver.
- Rear-End Collisions. Motorcycles can come to a stop much quicker than cars can, unbeknownst to many drivers. When a motorcycle comes to a sudden stop, a driver who is following too closely can ram into the back of the bike. Between two cars, such rear-end accidents may be mere fender-benders. When it happens to a motorcycle, it can cause the biker to fly backwards, often leading to serious head, back, or neck injuries.
- Wide-Turn Accidents. Bikers running wide in corners is a frequent cause of accidents and injuries. A wide turn can cause a slide-out and fall due to overbraking or running wide on a curve due to under-cornering. It can also cause head-on collisions if the too-wide turn sends the biker into a lane of oncoming traffic.
- Left-Hand Turn Accidents. According to the National Highway Transportation Safety Administration, 40% (872) of fatal two-vehicle motorcycle crashes in 2014 involved other vehicles which were turning left while the motorcycles were going straight, passing, or overtaking other vehicles. Left-hand turn accidents can be caused by drivers failing to yield the right-of-way or misjudging the speed at which the motorcycle is traveling.
- T-Bone or Intersection Collisions. The same factors that lead to left-hand turn accidents can lead to intersection collisions, along with other factors such as failing to obey red lights or stop signs, failing to look both ways before crossing the intersection, and inability to see motorcycles obscured by objects or other vehicles.
- Single-Bike Accidents. Not all motorcycle accidents involve other vehicles. Hazardous road conditions such as crumbling or uneven pavement, potholes, debris, mechanical problems, or other factors can cause a biker to lose control and either lay-down their bike or hit a stationary object at high speeds.
Common Injuries Motorcyclists Face
Even with helmets and other protective gear, motorcycle riders remain particularly vulnerable to a wide range of catastrophic injuries. Two of the most frequent injuries in motorcycle accidents are:
- Head Injuries. Helmets unquestionably save lives, but not always. According to the National Highway Safety Transportation Administration (NHTSA), 80 of the 94 bikers killed in Louisiana accidents in 2016 were wearing helmets. But with or without a helmet, brain injuries ranging from concussions to traumatic brain injury are tragically common in motorcycle accidents, as bikers hit the pavement or other objects at high speed or are thrown from their bikes.
- Eye Injuries. Bikers should always wear protective eye gear such as goggles or helmet visors to protect their eyes from objects that can hit them at high speed as they roll down the highway. Unprotected eyes can also be injured by debris or flying glass caused by a collision. Eye lacerations, corneal or retinal injuries, eye socket injuries, and loss of vision are a few ways unprotected eyes can be damaged in motorcycle accidents.
Additional injuries that are common in various types of motorcycle accidents include:
Our Attorneys Answer Your Most Pressing Questions
If you are a motorcyclist who’s been involved in an accident, you might be wondering what to expect out of pursuing a personal injury case or whether there are any rules and regulations that you need to be aware of that may impact the success of your case. Our New Orleans motorcycle accident lawyer is prepared to answer your questions and assist you with your legal needs.
What are motorcycle riders expected to do on the road?
Motorcycle riders are bound to a specific set of rules in Louisiana designed to protect them should they be involved in an accident. Because of the way personal injury cases usually work, a finding that a rider failed to adhere to these rules could result in an unfavorable outcome in the case. Some of these rules include:
- Safety helmets: Motorcycle riders are required to wear safety helmets, and those helmets must adhere to certain safety guidelines to protect them from significant damage in an accident.
- Protective eyeglasses: Motorcycle riders in Louisiana are also required to wear protective eyeglasses or a face shield while riding to keep their eyes safe from debris that could fly into their eyes and cause an accident.
- Ride on the actual designated seat: Motorcyclists are required to ride on the seat of the vehicle – not standing, popping wheelies or clinging off in some daredevil move.
- No clinging to other drivers: While some motorcyclists like to cling closely to other cars to help them get through traffic faster, this type of behavior is expressly prohibited.
I don’t have insurance. Will that be an issue?
Louisiana is a “no pay, no play” state. That means that those who are uninsured will not be able to receive the first $15,000 of their personal injury claim or the first $25,000 of a property damage claim. However, you may still be able to receive compensation if your personal injury damages exceed that amount. So, for example, if a court awards you $500,000 in property and damages related to your injuries, you would only be able to recover $460,000 as a penalty for not carrying the required insurance. Because motorcycle crashes are usually costly accidents that come with extensive injuries and damages, it’s likely that your case will still be worth pursuing, even if you lack proper insurance coverage.
My initial claim was denied by the driver’s insurance. What can a New Orleans motorcycle accident lawyer do to help?
Motorcyclists often struggle to prove that they were not at fault for an accident simply because they get a bad rep. The at-fault driver will often claim that the driver appeared out of nowhere and their insurance company will believe them, especially if the police report failed to provide adequate details regarding what actually happened.
If your claim is denied, you still have plenty of options for recovering what’s rightfully owed to you. In fact, it’s not at all uncommon for an insurance company to deny a claim even when it’s clear that the driver acted negligently. So instead of giving up, now would be the time to hire an experienced New Orleans motorcycle accident lawyer and get what you deserve.
Our New Orleans Motorcycle Accident Lawyer Explains What to Do After a Crash in Louisiana
A life-changing motorcycle accident can happen in an instant. With little or no warning, you could find yourself thrown from your bike, hitting the pavement or another vehicle while your bike lay wrecked in the road. Whether you are seriously injured or not, you’ll likely be confused and disoriented in the immediate aftermath of an accident, your heart pounding and your eyes trying to refocus on the scene at hand. Once you get your wits about you, it is important that you take immediate action to take care of yourself, tend to others, and protect your rights.
If you are wondering what to do after a motorcycle accident, our New Orleans motorcycle accident lawyers encourage you to take these steps:
Get Yourself and Your Bike Out of the Way
Assuming you are able, try to get yourself and others off the road. If you can move your bike to the side of the road, great, but don’t put yourself in danger to do so.
Get Medical Attention
Immediately call 911 and contact the authorities to report the accident and request medical help for yourself and anyone else who may be injured. If you don’t have a phone or it is disabled, get someone else to call for help. Tell the dispatcher your location, name, and license information, and advise them of the nature and number of any injuries. Answer any questions calmly and truthfully, but do NOT admit fault and do NOT discuss the accident at the scene with anyone other than police and other first responders. Even if you don’t receive emergency medical attention at the scene, see a doctor as soon as possible after the accident for a thorough evaluation.
Gather Driver Information
It is crucial that you get the contact, license, and insurance information of any other drivers involved in your accident. Don’t let them convince you that you don’t need to get insurance companies involved or get into a discussion about whose fault the accident was. If a truck or commercial vehicle hit you, get the name and contact information for the company as well.
If you can, take pictures of the accident scene using your phone. Try to capture damage to your bike in particular.
Get the names and contact information for anyone who may have witnessed your accident or anyone who stopped to assist.
Call Your Motorcycle Insurance Company
Report the accident, giving a detailed but matter-of-fact description of what occurred. But be careful; do not under any circumstances admit fault. That is because what you say to your insurer can be used against you and could hurt your efforts to hold others accountable for your injuries.
DON’T Negotiate With the Other Driver’s Insurance Company
The other driver’s car insurance company may reach out to you to get your side of the story and may even offer you money to resolve your claim. Do NOT ever negotiate with the insurance company without an attorney. The insurer is looking to resolve your claim quickly and on the cheap. They know you need money for lost wages or medical and repair bills, and they will try to take advantage of that fact. They will also try to get you to make admissions as to fault. Experienced personal injury and motorcycle accident attorneys will not be fooled or intimidated by insurance company tactics and can position you to get a substantially larger settlement than you might be able to get on your own.
Contact an Experienced New Orleans Motorcycle Accident Attorney Immediately
You may not be thinking about lawyers and lawsuits right after your accident but calling a motorcycle accident lawyer is one of the most important things you can do after a motorcycle accident. Most offer free consultations, can evaluate your case, advise you of your options, and protect you from traps or mistakes that insurance companies would love for you to make.
Call Bloom Legal to Discuss Your Motorcycle Accident Today with a Top New Orleans Motorcycle Accident Lawyer
The New Orleans motorcycle accident attorneys at Bloom Legal have successfully helped accident victims obtain compensation for all types of motorcycle accidents and injuries. As a fellow rider, Seth Bloom understands the challenges bikers face when seeking justice and compensation for their injuries and knows how to stand up for them in court or at the negotiating table. Contact us today at 504-599-9997 or through our contact form to arrange for your free consultation to discuss the next steps after a motorcycle accident.
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"This company is one of the most helpful and dutiful law firms in New Orleans. I have met with Seth Bloom multiple times and he has helped with out of several situations I thought had no solution. He made me feel calm, comfortable, and collected. After our first meeting, he established a genuine interest in my position and assured me that he would stand by me. Aside from that, he is one of the most professional lawyers I have dealt with, and I believe his service to be above what people in New Orleans consider to be great service."
Posted By: Zachary Klos