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Motorcycle accidents · Louisiana

Motorcycle accident lawyer.

Riders hit by drivers who failed to yield, changed lanes without looking or turned left across their path. Motorcycle injuries are severe, and the first thing most insurers argue is that the rider was at fault.

The bias riders face

Insurance adjusters and, later, jurors often assume a motorcyclist was speeding or weaving. Under Civil Code article 2323, as amended effective January 1, 2026, a rider found fifty-one percent or more at fault recovers nothing, and a rider found forty percent at fault loses forty percent of the recovery. That assumption has to be answered with evidence: the position of the vehicles, the point of impact, skid marks, the driver's line of sight and any camera that caught the collision. The scene changes within hours, so the evidence has to be gathered immediately.

The helmet law

Louisiana requires every motorcycle operator and rider to wear a safety helmet under Revised Statute 32:190. Whether a helmet was worn can affect the damages argument in a head-injury case, so it is one of the first facts the insurer will ask about. Riding without one does not excuse the driver who hit you.

Where the money comes from

The at-fault driver's liability policy comes first, and the Louisiana minimum of $15,000 per person under Revised Statute 32:900 is rarely enough for a motorcycle injury. Your own uninsured and underinsured motorist coverage, a commercial policy if the driver was working, and any umbrella policy can each add to the recovery. For crashes on or after July 1, 2024, Civil Code article 3493.1 allows two years to file suit.

Authority, checked against the Louisiana Legislature's current textLa. C.C. art. 2323 (comparative fault; Acts 2025, No. 15, eff. Jan. 1, 2026).La. R.S. 32:190 (safety helmets required).La. R.S. 32:900 (minimum liability limits).La. C.C. art. 3493.1 (two-year prescription; Acts 2024, No. 423, eff. July 1, 2024).
Questions people ask
I was not wearing a helmet. Do I still have a case?

Yes. The driver who caused the crash is still responsible for causing it. The helmet question can affect the damages argument in a head-injury case, and it should be addressed with a lawyer early.

The driver says he never saw me. Does that help him?

No. A driver who turns left or changes lanes has a duty to look. "I did not see the motorcycle" is usually an admission, not a defense.

Can I recover if I was partly at fault?

If your share of fault is below fifty-one percent, you recover your damages reduced by your percentage. At fifty-one percent or more you recover nothing, which is why the evidence of how the crash happened matters so much.