Reckless Driving Can Result in Punitive Damages in Louisiana Motorcycle Accident Cases

Motorcycle riders are some of the most vulnerable people on the road. They have little protection from the elements and from other vehicles, which means that accidents involving motorcycles often result in severe injuries and fatalities. When a motorcycle rider is injured in an accident caused by someone else’s negligent or reckless behavior, they should seek the help of a Baton Rouge motorcycle lawyer to help get compensation for medical bills, lost wages and income, pain and suffering, and more. In cases of another driver’s recklessness, the injured motorcyclist may recover punitive damages as well.

In this blog post, we discuss the potential for reckless driving to result in punitive damages in Louisiana motorcycle accident cases.

What are Punitive Damages?

Punitive damages are a type of damages that are awarded in addition to compensatory damages in certain cases. Compensatory damages are meant to compensate the victim for their medical bills, financial losses, and pain and suffering. Punitive damages, on the other hand, are meant to punish the defendant for their conduct and to deter similar conduct in the future. Punitive damages are also referred to as exemplary damages.

In Louisiana, punitive damages are not awarded except where expressly allowed by statute. This means that punitive damages are generally unavailable in motorcycle and other auto accident cases. However, Louisiana Civil Code article 2315.4 allows for an award of punitive damages when the defendant driver’s intoxication was a “cause in fact” of the accident. So, if a drunk driver causes an accident and injures someone else, the victim may be entitled to make a claim for punitive damages against the drunk driver.

What About Punitive Damages for Reckless Driving?

As mentioned above, punitive damages are uncommon in motorcycle accident cases, and will typically only be available in those involving drunk driving. That said, a judge or jury may also award punitive damages if the defendant’s behavior was so egregious that it warrants punitive damages, such as in cases involving reckless driving.

Reckless driving is defined as operating a vehicle with a willful or wanton disregard for the safety of persons or property. If the defendant driver’s conduct was particularly egregious, such as driving at an excessive speed, weaving in and out of traffic, or engaging in other dangerous driving behaviors, the victim may be able to recover punitive damages.

Proving reckless driving can be challenging, as it requires showing that the defendant driver acted with a willful or wanton disregard for the safety of others. However, by working with an experienced motorcycle lawyer, Baton Rouge motorcycle accident victims stand a better chance of gathering the evidence needed to prove reckless driving and recovering the compensation they deserve.

How Much Can I Recover in Punitive Damages?

The amount of punitive damages that can be awarded in a motorcycle accident case varies depending on the specific circumstances of the case. Louisiana law places a cap on punitive damages, limiting them to either $500,000 or twice the amount of compensatory damages awarded— whichever is greater. However, if the defendant driver’s conduct was particularly egregious, a judge or jury may award a higher amount of punitive damages.

It is also worth noting that the liable insurance company may not cover punitive damages. Insurance policies typically only cover compensatory damages, which means that you may need to pursue punitive damages directly from the defendant driver.

Why Do I Need a Baton Rouge Motorcycle Lawyer?

If you have been involved in a motorcycle accident, it is important to contact a personal injury lawyer who is experienced in Louisiana motorcycle accident claims as soon as possible. A lawyer can help you gather evidence, negotiate with the insurance company, and pursue all available sources of compensation, including punitive damages.

In cases involving reckless driving, your motorcycle lawyer can help you prove that the defendant driver acted with a willful or wanton disregard for the safety of others. This may involve:

• Gathering witness statements.
• Reviewing police reports.
• Consulting with accident reconstruction experts.

Contact an Experienced Motorcycle Lawyer in Baton Rouge

If you have been injured in a motorcycle accident caused by a reckless driver in Baton Rouge, you may be eligible for punitive damages in addition to compensatory damages. To determine if you have a case for punitive damages, it is important to contact a Baton Rouge motorcycle lawyer who can help you navigate the legal process and fight for the compensation you deserve.

Contact us to discuss your case with a skilled Baton Rouge motorcycle lawyer. At Dudley DeBosier Injury Lawyers, every prospective client gets a free case evaluation. We are committed to helping accident victims protect their rights and recover the compensation they deserve.

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