What rights do you have as a victim? — Bike hacks
Motorcycle accidents are very common in Louisiana. Therefore, it is important to know your rights should you ever be one of them. Keep reading to learn more.
A motorcycle exposes you to a lot of risks because it is not as protected as a car. They are easily knocked over, causing great potential damage to the driver and passengers. In Louisiana, of all road accidents, 12% are motorcycle accidents.
The losses and bills that follow such accidents can sometimes be very trying. That’s why you need to know your rights as a victim, so you can get the right legal services for your injury. Keep reading to learn more about your rights as a victim of motorcycle accidents in Louisiana.
How can you exercise your rights?
By now we have already established the fact that the roads of Louisiana are dangerous for those who ride motorcycles. This does not take away your right to use your vehicle, and in the event that something happens to you, you have a few legal rights that will help protect you.
Following your accident, you may want to get in touch with a good motorcycle accident lawyer. They are also called personal injury attorneys and can provide legal services if you are injured due to another driver’s negligence.
Because there are a large number of motorcycle accidents in Louisiana, there are many experienced attorneys you can contact for assistance.
What are your rights ?
Although you can take precautions to avoid typical motorcycle accidents, you can’t always be safe. Here is a detailed overview of your rights as a victim, so you can be prepared when you finally schedule a meeting with your lawyer.
1. Talk to a lawyer
First and foremost, whenever you are involved in a traffic accident, you have the right to contact and hire a lawyer. In our case, as we mentioned earlier, you will be talking to a personal injury lawyer. A lawyer will basically be able to explain what you can do in the situation.
After explaining the details of your accident to them, they will be able to tell you whether or not you can or should take legal action against the person responsible for your losses.
2. Filing a complaint
Being the victim of an accident, you have the right to take legal action against anyone you believe is responsible for your injuries. If another party was involved, you can sue them for negligence.
In another scenario, it could be that the bike manufacturer sold you a faulty vehicle, which ultimately led to an accident due to a malfunction. You also have the right to sue them. These are common causes of motorcycle accidents that can be taken to court.
You can always take legal action against your insurance company if you feel that the compensation they are prepared to provide is not enough to compensate for the damages suffered in your accident.
Statute of limitations and how it affects your lawsuit
If you want to take legal action, you must file it immediately. In Louisiana, there’s something called a statute of limitations. This basically means that after a certain amount of time, which is usually around a year, your lawsuit will no longer be valid.
During this one-year period, you must not accept any insurance settlements. This will basically prove the fact that you have found other ways to settle the case and no longer need a trial.
Be sure to discuss these issues with your lawyer. It can provide you with a solid plan of action, especially if a lawsuit can be filed.
3. Third party insurance request
Sometimes you can file a claim with another person’s insurance company, or in our case, the offender.
A third-party claim can be made when another person’s actions cause damage to you or your property (in this case, your car). You are considered a third party because you are making a claim with the offender’s insurance company. Once you have made the claim, the insurance company will compensate you for the harm caused.
4. Obtain appropriate medical assistance and rehabilitation
As a citizen of Louisiana, or any state for that matter, you have the right to seek appropriate medical assistance in the event of an accident.
Sometimes the after-effects of a motorcycle accident do not show up immediately. It takes a day or two for symptoms to show up, and it can often be quite severe. This is why you will always have the right to consult a doctor a few days after the accident.
Accidents are traumatic experiences. Not only do you need to physically recover from your injuries, but you will also need to recover mentally. This is why you also have the right to apply for a pardon.
5. Collect evidence
For any accident, especially those resulting from negligence, it is crucial to find and preserve evidence. This evidence can be used as evidence in court if you take legal action against the offender. Similarly, such evidence may be presented to the other party’s insurance company. You can use them as evidence to support your insurance claim against them.
What counts as evidence?
So now you know you have the right to collect and retain evidence of the incident. However, before looking for evidence, you should keep in mind that not all of your findings will be accepted as proof of what happened.
Here are some things that count as evidence:
- Testimonials from passers-by present at the time of the incident
- Photos of the accident site, your bike and the other party’s vehicle
- CCTV camera footage (those installed outside near the stage). If you happen to have a dashcam installed on your bike, footage from that can also work.
Motorcycles are not the same as cars – they are smaller and offer less protection than a car. This is why motorcycle accidents can turn out to be deadly, as there is not much around you to protect you.
Always follow proper safety protocols when on the road. Make sure you know your rights as a victim of motorcycle accidents in Louisiana. Also, find a good lawyer who will help you get the most out of it. I hope this article will help you do just that. Stay safe and good luck!
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