Ascension Parish Motorcycle Accident Lawyer

Ascension Parish Motorcycle Accident Attorney

The number of motorcycle drivers has increased in recent years due to their affordability and fuel economy. Unfortunately, that means the number of motorcycle accidents has increased as well. And since motorcycles offer less protection than larger vehicles, accidents often result in serious personal injury or wrongful death.

If you’ve been seriously injured in a motorcycle accident, an Ascension Parish motorcycle accident lawyer can help you recover compensation.

Understanding Louisiana Motorcycle Laws

Louisiana laws regarding motorcycle use are similar to laws for cars. For example, they must both meet equipment safety standards, such as fully functional headlights, brake lights, and turn signals, and be registered and licensed by the state.

All drivers in Louisiana, including motorcycle riders, must maintain a minimum amount of insurance coverage on their vehicles, and failure to maintain the required minimum can have serious consequences.

However, motorcycle riders have additional safety needs, so Louisiana has other laws and requirements to address them. Louisiana requires all motorcycle riders to wear approved helmets that meet the safety standards of the Louisiana Department of Transportation and Development (DOTD). Motorcycle riders are also required to have a motorcycle endorsement on their driver’s license.

Causes of Motorcycle Accidents

Like many car accidents, motorcycle accidents can often be linked to distracted driving, such as text messaging while driving, operating a vehicle while under the influence of an impairing substance (OUI), and excessive speed, which can make it harder to control the vehicle, and other vehicle drivers not seeing motorcycles at turns and intersections.

Poor road conditions can also contribute to motorcycle accidents, as problems like the uneven pavement on LA 30 can pose a bigger risk to motorcycles, which weigh less and have smaller wheels than cars and other larger vehicles. Ascension Parish has a lot of narrow, curvy rural roads with no shoulders, like LA 935 or LA 429, which give motorcycle riders little room for mistakes.

Motorcycle Awareness

In 2023, Louisiana designated May as Motorcycle Safety Awareness Month to educate motorcycle riders and other vehicle drivers about how to keep motorcycle riders safe. Louisiana Highway Safety Commission (LHSC) and Louisiana State Police (LSP) focus on safety campaigns, media outreach, public service announcements, motorcycle training programs, community events, extra patrols for speeding, impaired driving, and helmet use.

Recommendations for motorcycle riders:

• Complete LSP’s Motorcycle Safety, Awareness, and Operator Training Program, which includes a basic rider course, an advanced rider course for crash avoidance, and certification for safety instructors.
• Keep motorcycle endorsement on driver’s license up to date.
• Wear an approved helmet with a chin strap, lining, visor, and padding, and keep it properly secured while riding.
• Follow all traffic laws, including proper signals when stopping and turning.
• Do not ride while impaired or distracted.

Recommendations for other vehicle drivers:

• Follow all traffic laws and signs, including proper signals
• Watch carefully for motorcycle riders when turning, switching lanes, and at intersections.
• Maintain a greater following distance behind motorcycles than behind other vehicles.
• Do not drive under the influence of an impairing substance.
• Do not text and drive.
• Be aware that motorcycle riders may use hand signals when slowing or turning.

Motorcycles and Fault

To determine fault in traffic accidents, Louisiana uses the pure comparative negligence rule, which means that more than one party may be assigned partial fault for a traffic accident, and each party can recover damages based on the amount of fault they are assigned. For example, if a motorcycle rider is assigned 20% fault, they could file a claim for 80% of the damages.

There is no law that says drivers of cars or other vehicles are more likely to be assigned fault. The majority of accidents between motorcycles and other vehicles are caused by the other drivers not seeing the motorcycle, according to the National Highway Transportation Safety Administration (NHTSA).

However, motorcycle riders who do not follow traffic laws, drive recklessly, like lane splitting, or drive while they are impaired are more likely to be assigned some fault.

FAQs

How Much Are Most Motorcycle Accident Settlements?

Motorcycle accident settlements can vary significantly from case to case because of the difference in medical bills, lost wages, injury severity, fault, number of parties involved, and many other factors. The most dependable way to get an accurate idea of how much your motorcycle accident settlement might be is to have it calculated by a qualified motorcycle accident lawyer.

How Long Does a Motorcycle Accident Settlement Take?

How long a motorcycle accident settlement takes depends on several elements, such as all parties’ willingness to negotiate, how easy it is to get sufficient evidence, how many parties are liable, and whether the case can be settled without going to court or trial. Going to court is generally an indicator that a settlement may take longer because the court’s schedule is busy and can cause delays.

What Should You Not Do After a Motorcycle Accident?

After a motorcycle accident, you should not leave the scene until law enforcement has cleared you to go. If you do, you may be charged with a hit and run. In addition, you should not risk your safety or health, become overly emotional, admit any fault or apologize, move your vehicle until you are told to, give recorded statements without consulting your attorney, or delay medical treatment.

Who Is at Fault in Most Motorcycle Accidents?

Who is at fault in a motorcycle accident depends on the facts of the specific accident. In some cases, it may be the motorcycle rider, another driver or drivers, or government agencies that are responsible for safe road conditions, or it could be a combination. If you aren’t sure who was at fault in your motorcycle accident, a knowledgeable motorcycle accident lawyer can evaluate your case.

How Our Legal Team Can Help

For more than 15 years, the Knightshead Law Firm has been dedicated to helping injured clients protect their rights and interests and hold liable parties accountable for their negligent actions. If you have suffered injuries in a motorcycle accident, contact our office immediately to discuss your case.