New Orleans Motorcycle Accident Lawyer

New Orleans Motorcycle Accident Attorney

Motorcycle accidents can be hazardous for bikers and lead to severe injury or death. These serious injuries can have significant costs, even altering the rest of your life permanently. Recovering the costs of these damages is simpler with a New Orleans motorcycle accident lawyer, and you are more likely to get the maximum financial recovery.

You must have good representation if you have recently been involved in a collision involving one or more motorcycles. Having a New Orleans motorcycle injury attorney on your side could mean the difference between a successful and a denied insurance claim.

Understanding the causes and knowing how to protect rights is crucial. Motorcycle riders must stay informed about safety measures and legal recourse. Knowing what steps to take after an accident can significantly affect recovery and peace of mind. Get the help needed to rebuild life   after a devastating motorcycle accident.

Hammond Law Firm, LLC: Supporting Injured Motorcyclists After an Accident

The physical and financial consequences of a motorcycle accident are often very serious for motorcyclists, while those in other vehicles usually suffer superficial damages. It can be very difficult to deal with an insurance claim under normal circumstances and much harder when you are dealing with treatment for catastrophic injuries.

An attorney helps immensely, enabling you to rest and physically recover while providing you with more certainty, significant knowledge, and resources in the claim. The right attorney can fight for you and help you make informed choices about negotiations and litigation.

At Hammond Law Firm, LLC, we have navigated many insurance claims after a car and motorcycle accident and have over 40 years of combined legal experience. We understand how stressful these cases can be, especially for motorcyclists who are unable to meet their expenses because of their injuries. Our team brings you compassionate and reliable legal representation, helping you fight for the damages you deserve.

Whether a driver, a manufacturer, or another party’s negligence caused the accident, we take the time to investigate the crash and hold the at-fault party accountable. We can help you understand your options and make crucial choices about your financial future.

Quick Summary

Below is an overview of the critical points of this article.

• Motorcycle accidents in Louisiana often result from negligence by other drivers who fail to yield, maintain safe distances, or drive distracted or under the influence. Dangerous road conditions and lack of rider experience also contribute significantly.
• Motorcycle accidents frequently lead to severe injuries such as traumatic brain injuries, head and neck injuries, spinal cord injuries, road rash, lower limb injuries, and chest injuries, necessitating extensive medical care and recovery.
• After a motorcycle accident in New Orleans, it’s crucial to call the police, seek medical help, gather witness information, document the scene, exchange details with the other driver, refrain from discussing fault, and contact an attorney promptly.
• Due to defects in Louisiana motorcycle accidents, motorcyclists, other drivers, or motorcycle manufacturers can be held liable. Determining fault is essential as it dictates who is financially responsible for the victim’s losses.
• Victims of motorcycle accidents in New Orleans can seek economic damages (like medical expenses and lost income) and non-economic damages (such as pain and suffering) with the help of a New Orleans motorcycle injury attorney within Louisiana’s one-year statute of limitations.

Motorcycle Accidents in New Orleans

In Orleans Parish in 2024, there were 174 reported crashes involving two-wheeled motorcycles. Of these crashes, 34 only resulted in property damage, 132 were suspected injury crashes, and eight were fatal crashes.

While motorcycle crashes only made up 0.60% of all crashes when categorized by vehicle type, fatal accidents involving motorcycles made up 12.12% of all fatal accidents. Motorcycle accidents have a much higher risk of death or catastrophic injury for motorcyclists than they do for other drivers.

What Are the Common Causes of Motorcycle Accidents in Louisiana?

Motorcycle accidents can result from many different factors, some entirely unpredictable. Often, other drivers simply do not pay attention or fail to see motorcyclists, causing them to make unsafe maneuvers that can result in serious accidents.

Some of the most common reasons for motorcycle accidents in the state of Louisiana that can be attributed to negligence include:

At-Fault Driver

Many people think motorcycle riders are reckless, but most motorcycle accidents are caused by other drivers. Careless actions by other motorists that endanger motorcyclists include:

• Not yielding
• Not keeping a safe distance
• Swerving in front of a motorcycle
• Driving while distracted
• Driving under the influence
• Not checking blind spots
• Speeding
• Changing lanes unsafely
• Stopping suddenly

When a driver’s negligent actions lead directly to the accident, they can be held fully or partially liable for the damages that others in the crash suffered.

Dangerous Road Conditions

Dangerous road conditions cause many motorcycle accidents. Bikers need solid, high-friction, and well-maintained roads to stay in control. Government agencies must maintain public roads and highways.

Federal, state, and local agencies may be responsible for road upkeep, making it hard to know who is to blame if a motorcycle accident happens due to poor road conditions. Issues with road design, construction, and maintenance can cause motorcycle accidents, including:

• Poor lighting on roads or intersections
• Sand, loose gravel, or debris on the road
• Missing dividers or guardrails
• Pavement problems (uneven pavement, potholes, resurfaced or grooved pavement)
• Lane shifts or turn lanes without clear signs or markings
• Badly designed intersections

Fatigue and Intoxicated Driving

Almost half of all deadly motorcycle crashes involve alcohol. Riding a motorcycle takes skill and coordination. Alcohol dramatically reduces a biker’s ability to ride safely. Fatigue is another major cause of motorcycle crashes. Take frequent breaks on long rides, and if you feel tired, rest.

Lack of Training or Experience

Motorcycle crashes often happen due to a lack of experience or not taking needed precautions. Bikers must practice defensive driving, especially at intersections where most crashes occur. About one-third of bikers killed in accidents do not have a proper motorcycle license.

Without a motorcycle endorsement, a biker may lack the experience, knowledge, or skills to ride safely.

What Injuries Are Common After a Motorcycle Accident?

Motorcycle accident injuries tend to be much more severe for bikers. Even when wearing protective gear and safety helmets, motorcyclists are never as safe as those riding in vehicles that offer seat belts, a chassis, and better forms of protection.

The most common injuries that result from motorcycle accidents are trauma such as:

Traumatic Brain Injury

Fewer bikers die on our roads now because of helmet use and safety improvements. Even with a DOT-approved helmet, a motorcyclist in a crash still risks a Traumatic Brain Injury from hitting another vehicle, the road, or another object.

Riders with Traumatic Brain Injuries can have lasting problems, like trouble speaking or doing daily tasks. These injuries can lead to long rehabilitation and high long-term medical costs.

Head and Neck Injuries

Head and neck injuries make up nearly one-quarter of all motorcycle accident injuries. In severe crashes, spinal cord injuries can cause the most lasting damage. While helmets protect against brain injuries, they offer little spinal cord protection and might transfer the impact to the spine.

Spinal Cord Injuries

Spinal cord injuries can lead to chronic pain, temporary or permanent loss of movement, and, in the most severe cases, paraplegia or quadriplegia. These injuries often involve significant costs, including long-term healthcare expenses and lost wages.

Road Rash

Road rash injuries include painful scrapes, abrasions, and more severe wounds that can look like burns. These happen when a biker slides along the road. The skin is our main protective layer, so road rash infection is a severe risk.

Scarring, permanent nerve damage, and damage to underlying tissue are common. Severe road rash can require skin grafting, physical therapy, and long-term medical care.

Lower Limb Injuries

Motorcyclists are more likely to injure their legs and feet than any other part of their bodies. Because legs are close to the ground when riding, they’re often the first to hit the pavement in a crash.

If a motorcycle tips over, it can crush a rider’s leg or foot, causing fractures and broken bones. Ligament and tendon injuries in the lower limbs are also common after a motorcycle accident.

Chest Injuries

Injuries to the ribs, sternum, or collarbones are common in motorcycle crashes. These can be very serious because the rib cage protects vital organs, especially the lungs. Chest injuries can cause a collapsed or punctured lung and internal bleeding.

Recovery from this type of injury can take a long time and require expensive medical care. There’s also a risk of secondary injuries from infections.

What to Do Following a Motorcycle Accident in New Orleans, Louisiana?

If you or someone you care about has been hurt in a motorcycle crash caused by another driver in New Orleans or elsewhere in Louisiana, it’s important to act quickly. Delaying could jeopardize your health and make your injury claim harder to pursue legally.

1. Please call the police immediately and inform them about your motorcycle accident. You can contact the New Orleans Police Department   or dial 911.
2. If there are serious injuries, ask the police to send an ambulance. Even if you’re unsure, requesting medical help and having a professional check on you is best.
3. Seek medical care right away if your motorcycle injury is serious. You may need to go to an emergency room, like University Medical Center, New Orleans LCMC Health   , or another nearby hospital.
4. If someone witnessed your accident, get their full name and phone number. Their account can strengthen your case.
5. Take photos of the accident scene if it’s safe to do so. Capture the scene before moving your motorcycle or the other vehicle.
6. Exchange contact details with the other driver, including your name, address, driver’s license number, and insurance information.
7. After exchanging information, avoid discussing the accident with the other driver or anyone else. Even a simple apology could impact your injury claim.
8. Get the name and badge number of the investigating police officer. This information will be helpful if you need to follow up on your Louisiana accident report.
9. Inform your insurance company about the accident caused by another driver, but keep your statement concise.
10. If the other driver’s insurance contacts you, refrain from speaking with them. Anything you say could be used against your claim. If they insist on more information, direct them to your lawyer.
11. Contact a New Orleans motorcycle injury attorney as soon as possible. Legal representation ensures your rights are protected early and strengthens your case.

Who Can Be Held Liable for My Motorcycle Accident Injuries?

Proving who is at fault is crucial in every accident, including motorcycle crashes. Some mistakenly think the motorcyclist is always to blame for a crash, but this isn’t true. Many others could be responsible. Determining fault in a motorcycle accident is important because Louisiana follows fault rules.

This means the party responsible and their insurance must pay for the injured person’s medical bills and other losses. Various parties can be held accountable for a motorcycle collision.

Motorcycle Rider

Motorcyclists are usually considered responsible first in motorcycle accidents because they control the vehicle. Their actions have a direct impact on what happens in an accident.

Motorcyclists can be held liable if they drive carelessly or recklessly. For instance, this could include speeding or driving while impaired by drugs or alcohol.

However, there are unfair assumptions made about motorcyclists in many of these accidents. Some insurers claim that motorcyclists took a risk simply by riding their vehicles. When you are injured as a motorcyclist, it is important that you work with a knowledgeable attorney to counter these presumptions.

Other Drivers

Drivers of passenger and commercial vehicles can also be held responsible. The driver must have acted negligently. The car doesn’t need to hit the motorcycle directly; an accident can occur without physical contact.

For instance, if a bus driver drives recklessly, causing a motorcyclist to swerve and crash, the bus driver can be liable for the accident.

Motorcycle Manufacturer

A motorcycle that has defects can also lead to accidents. The issue might be with a specific motorcycle part, like brakes, wheels, or pedals. Even a small problem with these parts could cause a crash. If an accident occurs due to these defects, the motorcycle manufacturer could be held responsible for the crash.

What is Louisiana’s Statute of Limitations for Motorcycle Accident Injury Claims?

Under Louisiana law, you only have one year to file a claim for compensation after an accident, according to Article 3492 of the Civil Code . This might seem like a long time, but it’s shorter than in many other states. Take action quickly. If you fail to file a claim before the statute of limitations ends, you will be barred from recovering financial compensation for your losses.

Contacting a New Orleans motorcycle injury lawyer as soon as possible is crucial. Beginning the process early allows your lawyer to gather evidence and assess your losses promptly, ensuring they can build a strong case for you without running out of time.

How Do Courts Determine Liability in a Motorcycle Accident in New Orleans?

While each case is different, responsibility for a motorcycle accident is usually decided based on negligence under Louisiana Civil Code Article 2323 . If someone acted carelessly and caused the accident, they are considered negligent and responsible.

In many accidents between motorcycles and cars, the car driver is often found negligent. However, motorcycle riders can also be responsible if they are careless, such as speeding or making risky maneuvers that lead to a collision with a car. The court may also find that multiple parties are partially liable. When this happens, each party is liable for their portion of the fault, and their damages are reduced by their percentage of fault for the accident.

What Damages I Can Recover as a New Orleans Motorcycle Accident Victim?

Motorcycle accidents can cause various expenses for victims. Your lawyer can assist you in getting compensation to cover these costs. Some of the damages you may be able to recover include:

Economic Damages

Economic damages are the financial losses you experience from your accident, including future expected losses. These damages form a significant part of your claim or case. They include:

• Lost income – For the time you are unable to work due to injuries or doctor’s appointments for your injuries
• Reduced earning capacity – If you cannot return to your job or complete any gainful employment due to the severity of your injuries
• Medical expenses – For past bills and expected costs, as well as the cost of treating complications that are common with the type of injuries you suffered
• Property damage – To cover the repairs or replacement of your vehicle or other personal property

Non-Economic Damages

You may also be able to recover non-economic damages after your accident. These are subjective damages that compensate you for emotional, psychological, and physical harm. Your recoverable damages could include:

• Pain and suffering
• Lost enjoyment of life
• Scarring and disfigurement
• Mental anguish

The compensation you can receive depends on the specifics of your case. Your personal injury lawyer can seek a settlement that fairly reimburses you for all your losses. Without an attorney, you are likely to underestimate the value of your claim and accept a lowball settlement from the insurance company.

How Can I Protect Myself From a New Orleans Motorcycle Accident?

If you’re new to riding, practice with experienced riders to learn valuable skills. Handling your bike in emergencies is crucial for avoiding accidents and staying safe. Here are some other steps you can take:

Ride Defensively

Always be cautious and aware when you ride because not all drivers watch out for motorcycles. Maintain a reasonable distance from cars, use your signals clearly before turning or changing lanes, and be ready for sudden shifts in traffic or how drivers behave.

Being defensive means staying alert and proactive to protect yourself on the road. It’s about anticipating what might happen and being prepared to react safely to keep yourself and others safe.

Stay Visible

Make sure you’re easy to see by wearing bright or reflective clothes and keeping your headlight on, even in daylight. Avoid riding where drivers can’t easily spot you, especially in their blind spots. Keep a steady speed so drivers can predict your movements on the road.

Staying visible is crucial for your safety as a motorcyclist. It helps others notice you and reduces the risk of accidents. Being proactive about visibility can make a big difference in avoiding collisions.

Wear a Good Helmet

A quality helmet should at least have DOT certification . You can also opt for helmets certified by the Snell Memorial Foundation . Helmets with strong thermoplastic or reinforced composite shells protect against head injuries. Full-face helmets provide additional protection for the face and chin.

Why Do I Need a New Orleans Motorcycle Injury Attorney?

If you’ve been hurt in a motorcycle crash, a New Orleans motorcycle injury attorney can assist you in several ways. They can manage the following tasks for you:

• Filing a personal injury claim or lawsuit
• Figuring out who is responsible for your accident, like a careless driver or a government agency
• Collecting evidence to show that the responsible party owes you money for your losses
• Keeping you informed about how your case is progressing
• Talking to the insurance company of the person who caused the accident
• Explaining your choices for seeking compensation
• Representing you in court, if necessary

If you’ve sustained injuries in a motorcycle accident, seeking the services of dedicated personal injury attorneys in New Orleans can make a tremendous difference in the outcome of your case.

Finding Hope and Healing After a Motorcycle Accident

If you or a loved one has been the victim of a motorcycle accident, contact our trusted New Orleans motorcycle injury attorney as soon as possible to learn about your legal rights during a free consultation. In many motorcycle accidents that other drivers and motorcyclists cause, the victims are almost 30 times more likely to die than drivers of different vehicles.

The increased risk of injury in motorcycle accidents means that insurance companies may attempt to minimize the damages they are liable for. We will fight to ensure you receive the fair treatment and just compensation you deserve. Our legal team can also represent you in Premises Liability and Product Liability .

Call Hammond Law Firm LLC to schedule a free case review. You can also reach us by submitting an online contact form.