New Orleans

Motorcycle

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Negligent driving behaviors by vehicle operators in New Orleans pose a serious threat to motorcyclists, which can lead to devastating accidents and injuries. Common examples of driver negligence include failing to check blind spots, particularly during lane changes; following motorcycles too closely, which increases the risk of rear-end collisions; and distracted driving behaviors such as texting or using a GPS while behind the wheel. 

Drivers who speed, run red lights, or fail to yield the right of way at intersections also contribute to severe motorcycle accidents in New Orleans. Impaired driving, whether due to alcohol, drugs, or fatigue, further exacerbates the dangers motorcyclists face on New Orleans roads. Because motorcycles lack the protective barriers of cars, any collision—even at low speeds—can result in catastrophic injuries or fatalities for the rider.

At Walter Gabriel Accident & Injury Lawyer, our New Orleans motorcycle accident attorney Walter Gabriel is dedicated to fighting for the rights of injured motorcyclists. Over the years, he has recovered millions of dollars in settlements and verdicts for victims of negligent driving. We are aggressive in our approach, ensuring that insurance companies know we won’t settle for anything less than fair compensation. 

Insurance carriers will evaluate your law firm’s track record and ability to go the distance before they make serious settlement offers. Our attorneys at Walter Gabriel Accident & Injury Lawyers consistently achieve six- and seven-figure settlements because we are relentless in our pursuit of justice. We are willing to do what it takes, from thorough investigations to courtroom advocacy, to secure maximum compensation for injured motorcyclists.

Steps Our New Orleans Motorcycle Accident Attorney Will Take to Maximize Your Compensation

Motorcycle accident in New OrleansComprehensive Case Evaluation

Our New Orleans motorcycle crash lawyer Walter Gabriel will begin by conducting a thorough evaluation of your case and explore every possible avenue for compensation. Our first goal is to identify all responsible parties, from negligent drivers to third parties, ensuring no potential source of compensation is overlooked.

  • Identifying All Liable Parties: Beyond the at-fault driver, we investigate whether other parties, such as the manufacturer of a faulty motorcycle part or a government agency responsible for unsafe road conditions, share liability.
  • Detailed Accident Reconstruction: We may work with seasoned accident reconstruction specialists to analyze crash dynamics and determine fault accurately, leveraging their findings to strengthen your claim.

     

Gathering Key Evidence to Support Your Claim

To build a strong case, we proactively gather all possible evidence that substantiates your claim. Our experienced investigative team understands that a well-documented case increases the likelihood of a favorable settlement or verdict.

  • Crash Site Evidence: We obtain photographs and videos of the accident scene, capturing vehicle damage, skid marks, debris, and road conditions. This visual evidence helps recreate the events leading to the crash.

     

  • Witness Testimonies: We reach out to eyewitnesses immediately to collect their accounts while memories are still fresh, securing statements that can corroborate your version of events.

     

  • Surveillance Footage: If the accident occurred near businesses or public spaces, we request surveillance footage that may have captured the incident from various angles.

     

  • Expert Analysis: We collaborate with medical professionals to evaluate the severity of your injuries and financial experts to calculate the full extent of your economic losses, including future costs.

     

Building a Strong Legal Strategy

Once we have gathered all relevant evidence, we build an aggressive legal strategy customized to the specifics of your case. Our approach is designed to maximize your compensation and minimize delays caused by insurance companies.

  • Comprehensive Damage Assessment: We calculate not only your current medical expenses and lost wages but also long-term costs such as ongoing medical care, physical therapy, diminished earning capacity, and emotional suffering.
  • Legal Argument Development: Using the evidence and expert testimony, we construct compelling arguments to demonstrate the defendant’s negligence and the full impact of the accident on your life.

     

Aggressive Negotiation with Insurance Companies

Insurance companies in New Orleans will attempt to undervalue motorcycle accident claims. We are experienced in countering their tactics and will negotiate with them from a position of strength.

  • Presenting Evidence-Based Claims: Armed with comprehensive evidence and expert evaluations, we present a robust case that insurance companies cannot easily dismiss.
  • Rejecting Lowball Offers: We don’t settle for the first offer. Instead, we use the threat of litigation to push for a settlement that fully compensates you for your losses.

     

Trial-Ready Representation for Maximum Leverage

While most motorcycle accident claims are resolved through settlements, we prepare every case as if it will go to trial. This readiness usually compels defendants to offer higher settlements to avoid the risks of facing a jury.

  • Trial Preparation: From organizing evidence to preparing witnesses and drafting legal arguments, we meticulously prepare for the possibility of litigation.
  • Courtroom Advocacy: If a fair settlement cannot be reached, we are fully prepared to take your case to court and fight aggressively for the compensation you deserve.

     

Ensuring Your Peace of Mind Throughout the Process

We understand that recovering from a motorcycle accident is both physically and emotionally challenging. Our dedicated legal team will handle every aspect of your claim, allowing you to focus on healing while we fight for justice and compensation for you.

  • Clear Communication: We keep you informed at every stage of your case, answering your questions promptly and ensuring you understand your options.
  • No Upfront Costs: Our contingency fee structure means you don’t pay unless we win your case, giving you peace of mind as you pursue the compensation you deserve.

     

By combining strategic case preparation, expert collaboration, and aggressive legal representation, we strive to recover the maximum possible compensation for your motorcycle accident claim. At Walter Gabriel Accident & Injury Lawyers, we are committed to holding negligent parties accountable and ensuring justice is served.

Types of Compensation Our New Orleans Motorcycle Accident Attorney Can Recover for You 

Motorcycle accident in New Orleans

At Walter Gabriel Accident & Injury Lawyers, our motorbike crash lawyer in New Orleans will leave no stone unturned to recover the largest possible compensation for you. This may include:

Medical Expenses

We ensure that all your medical expenses are covered, relieving the financial burden caused by the accident. Common medical expenses include:

  • Cost of surgeries: Surgical procedures required for treating injuries resulting from the accident.

     

  • Fees of doctors and specialists: Charges for visits to physicians, surgeons, or specialists involved in your treatment.

     

  • Nursing team costs: Expenses related to in-home nursing care or professional nursing services.

     

  • The cost of your hospital stay: Hospital bills for emergency room visits, inpatient care, and overnight stays.

     

  • Cost of imaging studies and tests: Expenses for x-rays, MRIs, CT scans, and other diagnostic tests.

     

  • Cost of advanced laser and other treatments: Specialized medical treatments like laser therapy or experimental procedures.

     

  • Mental health counseling: Costs associated with therapy or counseling to help you cope with emotional distress.

     

  • Physical or occupational therapy: Charges for rehabilitation services, including physical or occupational therapy.

     

  • Future medical treatment: Long-term treatments required for continued recovery, including medications and therapy.

     

  • Medical devices: Costs of necessary medical devices, such as wheelchairs, crutches, or prosthetics.

     

  • Healthcare equipment: Expenses for durable medical equipment like home oxygen systems or hospital beds.

     

  • Home accommodations: Costs for modifying your home to accommodate your recovery, such as wheelchair ramps or accessible bathrooms.

     

  • Prescription drugs: The cost of prescribed medications for pain management, infection prevention, or ongoing recovery.

     

  • Over-the-counter medications: Non-prescription medications to manage pain or other symptoms.

     

  • Co-pays: Your share of medical costs after insurance, including co-pays for doctor visits or medications.

     

  • Transportation fees: Costs of travel to and from medical appointments, including transportation or mileage expenses.

     

  • Your ambulance bills: Charges for ambulance services to transport you from the accident scene or between healthcare facilities.

     

Wage-Related Losses

When your injuries prevent you from earning an income, you should be compensated for your lost wages and potential future earnings. Recoverable wage-related damages include:

  • Lost income, tips, and wages: Compensation for the wages you would have earned had the accident not occurred.
  • Loss of future potential earnings: Compensation for the future earnings you would have received if you had not been injured, including lost career advancement.
  • Loss of employer contributions to your 401(k): Contributions your employer would have made to your retirement plan during your recovery period.
  • Lost sick time, vacation pay, or other paid time off: Reimbursement for any paid leave you were unable to use due to the accident.
  • Loss of employer health insurance: Loss of access to health benefits provided by your employer while you are unable to work due to your injuries.

     

Pain and Suffering

Pain and suffering account for the physical, emotional, and psychological toll the accident has taken on your life. Your compensation may include damages for:

  • Physical chronic pain: Ongoing pain from injuries that continue to affect your
    daily life.

     

  • Skin scarring or disfigurement: Permanent scarring, burns, or disfigurement caused by the accident.

     

  • Loss of consortium: The negative impact on your relationships due to your injuries, including a loss of intimacy or companionship.

     

  • Reduced quality of life: The diminished ability to engage in hobbies, work, or other activities you enjoyed prior to the accident.

     

  • Mental anguish: Emotional distress, such as anxiety, depression, or post-traumatic stress disorder (PTSD).

     

  • Embarrassment: Feelings of shame or humiliation from the injuries or the way you are perceived by others.

     

  • Indignity: A loss of dignity as a result of being physically or emotionally affected by the accident.

     

  • Inconvenience: The disruption to your daily life caused by the injuries and recovery process.

     

  • Fear or apprehension: Anxiety or fear related to future health complications or another accident occurring.

     

At Walter Gabriel Accident & Injury Lawyers, we work tirelessly to recover compensation for all aspects of your injury claim, ensuring that your immediate and long-term needs are fully addressed.

Frequently Asked Questions About Motorcycle Accident Claims in New Orleans

What should I do immediately after a motorcycle accident in New Orleans?

After a motorcycle accident, your safety is the top priority. Follow these steps:

  1. Seek medical attention, even if your injuries seem minor.
  2. Call the police and file a report.
  3. Collect evidence, such as photos of the accident scene, vehicle damage, and your injuries.
  4. Gather the contact information of witnesses and other parties involved.
  5. Avoid admitting fault or making statements that could be misinterpreted.
  6. Contact our skilled and experienced motorcycle accident attorney in New Orleans to pursue your claim for damages.

     

Can I file a claim if the motorcycle accident was partly my fault?

Yes, Louisiana follows pure comparative negligence law, which means you can still recover compensation even if you are partially at fault. However, the amount you can recover will be reduced based on your percentage of fault. For instance, if you are found 30% at fault, your compensation will be reduced by that percentage.

What if the driver who caused the accident doesn’t have insurance or enough insurance?

If the at-fault driver lacks sufficient insurance coverage, you may still have options for compensation through your own uninsured/underinsured motorist (UM/UIM) coverage. Louisiana law requires insurers to offer UM/UIM coverage, and if you opted into this coverage, it can provide financial relief when the other driver’s insurance is inadequate. If you don’t have UM/UIM coverage, your lawyer can explore other avenues, such as suing the at-fault driver personally if they have assets or other resources.

What if I have pre-existing conditions, will that affect my claim?

Pre-existing conditions can complicate a claim, but they do not necessarily prevent you from recovering compensation. If your accident aggravated an existing condition, you could still recover damages for the increase in severity or the impact the accident has had on your condition. It’s important for your attorney to help demonstrate the full extent of the injury and how it has been worsened by the crash, ensuring that you receive compensation for all your losses.

How long will it take to resolve my motorcycle accident claim?

The length of time to resolve a motorcycle accident claim varies depending on factors such as the complexity of the case, the severity of your injuries, and how cooperative the insurance company is. While some cases settle quickly, others may take longer if there are disputes over fault, injuries, or compensation amounts. We will work diligently to resolve your case as efficiently as possible while ensuring that you receive the full compensation you deserve.

Can I pursue a claim if I was not wearing a helmet at the time of the accident? 

Yes, you can still pursue a claim even if you were not wearing a helmet. However, Louisiana law requires all motorcycle operators and passengers to wear a properly secured helmet while the vehicle is in motion. While not wearing a helmet may influence the degree of fault assigned to you, it does not bar you from pursuing a claim or recovering compensation for your injuries. Our attorneys can help minimize this impact by presenting evidence that highlights the negligence of the other driver and shows that, despite not wearing a helmet, you should still be entitled to compensation for your injuries and losses.

How long do I have to file a motorcycle accident claim in New Orleans?

A new law in Louisiana, called Act No. 423, took effect on July 1, 2024, changing the statute of limitations for most personal injury cases. Now, you have two years from the date you were injured to file a lawsuit. This law applies to most personal injury cases, but not to product liability lawsuits. The new law only applies if the accident happened on or after July 1, 2024. It is important to act promptly and consult with our New Orleans motorcycle accident lawyer to ensure your case is filed on time.

Get Our Proven New Orleans Motorcycle Accident Lawyer on Your Side

If you or someone you love has suffered injuries in a motorcycle accident in New Orleans, let Walter Gabriel fight for the compensation you need. With years of experience in personal injury law, complex commercial litigation, and as a prosecutor, Walter brings a unique legal perspective and strategy to your case. Personal injury is all we do, and we are committed to recovering the largest possible compensation for your injuries and losses. To schedule your free consultation, call us 24/7 at (318) 445-2121.

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FAQ’s

Personal injury describes situations where a person sustains an injury by someone else’s fault, which is admittedly a very broad description, thus we attempt here to answer some personal injury FAQs. This occurs in car accidents, big truck accidents, on-the-job injuries, pedestrian accidents, shootings, and wrongful death cases, dog bites, and several other situations where people are injured at the fault of other people, businesses, or government agencies.

Personal injury describes situations where a person sustains an injury by someone else’s fault, which is admittedly a very broad description, thus we attempt here to answer some personal injury FAQs. This occurs in car accidents, big truck accidents, on-the-job injuries, pedestrian accidents, shootings, and wrongful death cases, dog bites, and several other situations where people are injured at the fault of other people, businesses, or government agencies.

Personal injury describes situations where a person sustains an injury by someone else’s fault, which is admittedly a very broad description, thus we attempt here to answer some personal injury FAQs. This occurs in car accidents, big truck accidents, on-the-job injuries, pedestrian accidents, shootings, and wrongful death cases, dog bites, and several other situations where people are injured at the fault of other people, businesses, or government agencies.

Personal injury describes situations where a person sustains an injury by someone else’s fault, which is admittedly a very broad description, thus we attempt here to answer some personal injury FAQs. This occurs in car accidents, big truck accidents, on-the-job injuries, pedestrian accidents, shootings, and wrongful death cases, dog bites, and several other situations where people are injured at the fault of other people, businesses, or government agencies.

Personal injury describes situations where a person sustains an injury by someone else’s fault, which is admittedly a very broad description, thus we attempt here to answer some personal injury FAQs. This occurs in car accidents, big truck accidents, on-the-job injuries, pedestrian accidents, shootings, and wrongful death cases, dog bites, and several other situations where people are injured at the fault of other people, businesses, or government agencies.

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