In a Motorcycle Accident in Louisiana? Here Are Your Legal Rights

There are few things as satisfying as exploring the roads and communities of Louisiana from a motorcycle. Unfortunately, Louisiana can also be a dangerous state for riders. In one recent year, according to data compiled by the Louisiana Highway Safety Commission, motorcyclists were involved in 1,229 injury crashes on state roadways, with 97 riders losing their lives.

A motorcycle accident can be physically and financially devastating. However, Louisiana riders do have legal rights following a crash. Understanding these rights is the key to helping you get the compensation you deserve following an accident with a careless motorist.

What Are Your Legal Rights After a Louisiana Motorcycle Accident?

Riders injured in Louisiana motorcycle accidents have the legal right to see compensation for their injuries and losses, including property damage, medical expenses, and lost wages. Louisiana follows a traditional at-fault insurance system. Injured motorcycle riders can file a compensation claim with the at-fault driver’s insurance company to recover compensation for their injuries up to the at-fault driver’s policy limits.

Motorcycle accident victims also have the legal right to pursue compensation from an at-fault party via a personal injury lawsuit. Civil courts are governed by the state’s pure comparative fault rule. Under this rule, a rider’s compensation from a personal injury lawsuit gets tied to the percentage of their fault for causing the accident. Compensation diminishes by the same percentage as the rider’s fault for contributing to the crash. Even motorists primarily at fault for causing a wreck can recover money for their injuries under pure comparative fault.

While compensation varies depending on the cause of the accident and the severity of a motorcycle operator’s injuries, often riders can pursue compensation for the following:

• Medical expenses
• Lost wages
• Loss of earning capacity
• Property damage
• Pain and suffering

Injured riders also have the right to seek legal representation. You do not have to manage the challenges of filing an insurance claim or personal injury lawsuit alone. Motorcyclists can and should seek help managing the aftermath of a traumatic Louisiana motorcycle accident to ensure their rights are protected and they can pursue maximum compensation for their injuries.

Louisiana Statute of Limitations

Injured riders have the legal right to pursue compensation via a personal injury lawsuit. However, that does not mean they have unlimited time to file their case. The good news is that recently, Louisiana extended the time accident victims have to file a lawsuit pursuing compensation for their injuries and losses.

Previously, accident victims only had one year from the accident date to file a lawsuit. As of July 1, 2024, accident victims now have two years from the accident date to sue an at-fault individual or other party under state law. The extended filing deadline is welcome news for injured motorcycle accident riders, giving them additional time to seek legal assistance and collect and preserve crucial evidence. However, it is still in the rider’s best interest to discuss their situation with a skilled motorcycle accident attorney as soon as possible.

Insurance adjusters may use tactics that delay settlements or negotiations, hoping to run out the clock on accident victims, removing their ability to file a lawsuit. The court can dismiss your case if you miss the two-year filing deadline. You lose negotiating leverage and won’t get your day in court.

You must understand and review your legal rights following a Louisiana motorcycle accident. Those who lack an understanding of their rights can be vulnerable to the aggressive tactics of insurers and other parties looking to avoid offering you fair compensation for your injuries.

Law Tigers Always Have Your Back

If you or a loved one suffered an injury in a motorcycle accident, our legal team here at Law Tigers Louisiana is ready to help. For decades, we’ve helped defend the rights of wronged motorcycle riders by providing skilled representation and sound legal advice across the United States. To get a free case evaluation or to schedule your free consultation, call us at Law Tigers today at 1-800-529-8443.