Does Louisiana law treat motorcycle accident claims differently from car accident claims?

The same fault rules and prescriptive deadlines apply to motorcycle crashes as to other motor vehicle accidents. The practical difference is that insurance adjusters often argue a motorcyclist assumed the risk or rode recklessly, which can affect fault allocation. Under La. C.C. Art. 2323, your compensation is reduced by your percentage of fault, so how fault is assigned matters to the final number.

What is the deadline to file a motorcycle accident claim in Louisiana?

For injuries on or after July 1, 2024, you have two years from the date of the crash under La. C.C. Art. 3493.1. If your crash happened before that date, the prior one-year prescriptive period under La. C.C. Art. 3492 controls. Waiting until the final weeks before the deadline creates evidence problems, so earlier is better.

What if the driver who hit me was only partly at fault, and a road defect also contributed?

Louisiana allows claims against multiple at-fault parties under La. C.C. Art. 2324. If a negligent driver and a defective roadway both contributed to your crash, you can pursue both the driver and the responsible government entity. Claims against a government entity in Louisiana carry their own notice and procedural requirements, so those need to be identified quickly.

Can I recover compensation if I was not wearing a helmet during a motorcycle crash in Shreveport?

Louisiana requires motorcycle operators to wear helmets under La. R.S. 32:190. A failure to wear a helmet does not bar your claim entirely, but it can be used to reduce your compensation under the comparative fault analysis in La. C.C. Art. 2323. The reduction applies only to the portion of your injuries the helmet might have prevented, not to your entire case.

What compensation can I pursue after a motorcycle accident in Louisiana?

You can seek economic damages covering medical treatment, rehabilitation, lost wages, and future earning capacity. Non-economic damages for pain, suffering, disfigurement, and loss of enjoyment of life are also available. If the other driver was intoxicated and acted with wanton or reckless disregard, exemplary damages may be available under La. C.C. Art. 2315.4.

What should I do at the scene of a motorcycle accident in the Shreveport area to protect my claim?

Call the police and get a crash report number. Photograph your injuries, your motorcycle, the other vehicle, skid marks, and the road surface before anything is moved. Collect contact information from witnesses. Seek medical attention the same day, even if you feel the injuries are minor, because delays can be used later to dispute whether the crash caused your injuries.

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MOTORCYCLE ACCIDENT LAWYERS

For years, motorcyclists have shared the roads with many other vehicles including cars, commercial trucks, and even bicycles, to name a few. Despite this fact, many motor vehicle drivers continue to demonstrate a sometimes staggering show of negligence in even the simplest of circumstances.

This lack of driver awareness can lead to some very serious motorcycle accidents with injuries such as:

Types of Motorcycle Accidents

Motorcyclists are especially vulnerable to a wide range of different accident scenarios. Although all types of motorcycle accidents can be devastating for motorcyclists who are mismatched against a heavy, powerful car or commercial vehicle, there are a few distinct accident scenarios that are the most common.

Rear-end collisions can occur quite easily when vehicles, for whatever reason, collide with motorcycles after a failure to stop behind them. Motorcycles also fit nicely into the blind spot for many drivers, which can lead to lane change collisions with motorcyclists.

Other complications, such as obstacles put up by property owners or poorly-maintained construction projects, can cause big problems for bikers. Perhaps the most common type of motorcycle accident, however, occurs when drivers simply do not see the motorcyclist.

Motorcycle Safety Tips

The most obvious safety tip for any motorcycle driver and passenger is to always wear a helmet. It is required by law in Louisiana to wear a helmet and for good reason – helmets are the best prevention against very serious and often deadly head injuries should you get into an accident.

Other helpful riding gear includes jackets, chaps, gloves, and riding boots. This type of motorcycle gear helps to protect your skin from very painful road rash if you fall off your bike.

Additionally, here are some road safety tips:

Injuries Caused by Motorcycle Accidents

Motorcycles are well-known for the lack of protection they provide to drivers, especially in the event of a motorcycle accident. The types of injuries motorcyclists are at risk of sustaining in accidents with other vehicles such as cars, trucks or other obstructions can range greatly depending on the particulars of the incident. Motorcyclists who are involved in an accident commonly suffer serious head injuries, paralysis, severed limbs, burn injuries, and more.

The law protects motorcycle accident victims from the responsibility of paying any costs associated with injuries they were not responsible for causing. Key factors such as the speeds of vehicles at the point of impact, the angle of the impact as well as the type of vehicles involved can play an instrumental role in determining the extent of injuries to a motorcyclist who is almost always on the losing end of any accident.

Low Speeds vs. High Speeds

How Can our Motorcycle Accident Attorneys In Shreveport Help You?

If you’ve been involved in a motorcycle accident, you may be feeling overwhelmed and unsure of what to do next. An experienced motorcycle accident attorney can help you navigate the legal process and pursue maximum compensation for your injuries.

Here are some ways an attorney can help you after a motorcycle accident:

Obtaining Compensation for Your Injuries

Being involved in a motorcycle accident is one of the most stressful and difficult situations many people will ever face. When these accidents involve injuries to a motorcyclist, negative impacts can increase exponentially. As a victim, you need a Shreveport motorcycle accident attorney who understands the intense situation their clients are going through.

The dedicated staff of attorneys and legal professionals at Morris & Dewett Injury Lawyers has a deep knowledge and appreciation for the troubles our clients face. We believe strongly that everything should be done from a legal standpoint to see that the motorcycle accident injury victims we represent are given the very best chance at substantial financial compensation from negligent drivers whose bad decisions caused their injuries in the first place.

Contact us today. Our firm has extensive knowledge of motorcycle accident scenarios. Hire a Shreveport motorcycle accident attorney that you can trust to get the compensation you deserve.

Frequently Asked Questions

These are questions people often ask about this type of claim in Shreveport. The answers reflect Louisiana law and are general information, not legal advice for your specific situation.

Does Louisiana law treat motorcycle accident claims differently from car accident claims?: The same fault rules and prescriptive deadlines apply to motorcycle crashes as to other motor vehicle accidents. The practical difference is that insurance adjusters often argue a motorcyclist assumed the risk or rode recklessly, which can affect fault allocation. Under La. C.C. Art. 2323, your compensation is reduced by your percentage of fault, so how fault is assigned matters to the final number.
What is the deadline to file a motorcycle accident claim in Louisiana?: For injuries on or after July 1, 2024, you have two years from the date of the crash under La. C.C. Art. 3493.1. If your crash happened before that date, the prior one-year prescriptive period under La. C.C. Art. 3492 controls. Waiting until the final weeks before the deadline creates evidence problems, so earlier is better.
What if the driver who hit me was only partly at fault, and a road defect also contributed?: Louisiana allows claims against multiple at-fault parties under La. C.C. Art. 2324. If a negligent driver and a defective roadway both contributed to your crash, you can pursue both the driver and the responsible government entity. Claims against a government entity in Louisiana carry their own notice and procedural requirements, so those need to be identified quickly.
Can I recover compensation if I was not wearing a helmet during a motorcycle crash in Shreveport?: Louisiana requires motorcycle operators to wear helmets under La. R.S. 32:190. A failure to wear a helmet does not bar your claim entirely, but it can be used to reduce your compensation under the comparative fault analysis in La. C.C. Art. 2323. The reduction applies only to the portion of your injuries the helmet might have prevented, not to your entire case.
What compensation can I pursue after a motorcycle accident in Louisiana?: You can seek economic damages covering medical treatment, rehabilitation, lost wages, and future earning capacity. Non-economic damages for pain, suffering, disfigurement, and loss of enjoyment of life are also available. If the other driver was intoxicated and acted with wanton or reckless disregard, exemplary damages may be available under La. C.C. Art. 2315.4.
What should I do at the scene of a motorcycle accident in the Shreveport area to protect my claim?: Call the police and get a crash report number. Photograph your injuries, your motorcycle, the other vehicle, skid marks, and the road surface before anything is moved. Collect contact information from witnesses. Seek medical attention the same day, even if you feel the injuries are minor, because delays can be used later to dispute whether the crash caused your injuries.