Baton Rouge Motorcycle Accident Lawyer

Motorcycle Accident Attorney in Baton Rouge, LA

Motorcycle accidents are less common than other forms of vehicle accidents, but they can be even more devastating to those affected. Due to the small size of a motorcycle, the rider can experience severe injuries that require a longer recovery. Protect yourself and your interests by working with a skilled Baton Rouge motorcycle accident lawyer as soon as possible after a collision with a motorcycle or after colliding with another vehicle while on a motorcycle.

Work With a Skilled Baton Rouge Motorcycle Accident Attorney

At Murphy Law Firm, our Baton Rouge motorcycle accident lawyers bring more than 30 years of experience representing injured riders across Louisiana, and we offer free consultations so you can understand your options before making any decisions. We have proven success in many types of auto accident claims, securing more than $250 million for our clients across our personal injury cases.

Our firm understands the importance of financial recovery for you and your family’s future and stability. We fight for you and the damages you are owed from a careless driver and their insurance company. With significant experience and resources, our team can help you along each step of your motorcycle accident case while you recover.

Understanding Motorcycle Accident Claims

As a motorcyclist, you put yourself at risk every time you get behind the handlebars in Louisiana. You must be aware of everything around you at all times, as well as driving defensively around motorists who might not obey the rules of the road.

Unfortunately, you can’t always avoid collisions. When another party is to blame for your accident, you can hold them or their insurer accountable.

If you’re now recuperating from broken bones, a head injury, brain injury, road rash, spine injury, or other harm, come to the motorcycle accident lawyers at Murphy Law Firm. We’re on your side and can help you fight for fair compensation.

What You Should Do After a Motorcycle Crash in Baton Rouge, LA

After a crash, your safety and health come first, but the steps you take in the next few hours can also protect your legal claim. You should follow these steps:

• Move yourself and your bike to a safe place, if you can do so without risking further injury.
• Call 911 so law enforcement and emergency medical services can document the scene.
• Exchange information with all drivers and witnesses, but avoid arguing about who was at fault.
• Take photos and videos of the vehicles, road conditions, traffic signals, skid marks, and any visible injuries.
• Get checked by a doctor as soon as possible, even if you think your pain is minor or will go away on its own.
• Speak with a Baton Rouge motorcycle accident lawyer before giving a detailed statement to any insurance company.

The importance of having motorcycle wreck lawyers and avoiding being an uninsured motorist becomes evident when considering the following statistics:

The total number of registered motorcycles in the state of Louisiana has risen from 50,204 in 2002 to 80,208 in 2023; this has caused the number of motorcycle wrecks to increase as well.

Motorcycle accidents in Louisiana generally involve people between the ages of 20 to 29. The largest number of motorcycle accident fatalities in Louisiana occurred in the year 2009, with 104 reported deaths, but in 2024, 70 people died in motorcycle accidents. Five of these deaths occurred in East Baton Rouge Parish.

The largest number of motorcycle accident fatalities in Louisiana was reported in Orleans, Lafayette, Jefferson, and Caddo parishes.

Motorcycle wrecks made up 0.57% of all auto accidents in Louisiana, but were involved in nearly 7% of all fatal accidents.

Out of 41 fatal injuries to motorcyclists in 2024, 26 of those riders were drunk driving.

What Causes Motorcycle Accidents in Baton Rouge, LA

You can wear a helmet, buy top-rated safety gear, stick to the speed limit, and stay inside your lane, but still end up lying in the road with serious injuries. Sometimes you end up being a victim, no matter how carefully you drive. Knowing what typically causes motorcycle accidents can help you stay out of harm’s way. The following are common causes of motorcycle crashes in Louisiana:

Busy Roads

Both I-10 and I-110 pass through Baton Rouge, increasing traffic and congestion. In and around Baton Rouge, many motorcycle wrecks happen on busy corridors and high-speed roads where drivers make sudden lane changes, follow too closely, or try to beat changing traffic lights. Congested highway interchanges and surface streets with heavy commercial traffic can leave riders with very little room to react when another driver makes a mistake.

Other Drivers

Drivers on the road present serious dangers to vulnerable motorcyclists, who suffer the most in collisions. Driver distraction, inattention, and carelessness cause thousands of motorcycle accidents each year.

If a driver does not see an oncoming motorcyclist, the outcome can be disastrous. Some drivers even behave more recklessly around motorcycles. It is every driver’s duty to pay strict attention to the road at all times and treat motorcyclists with respect and due care.

Dangerous Road Conditions

Motorcyclists are much more sensitive to the conditions of the roadway than passenger vehicle drivers. A road defect that other vehicles can cruise smoothly over could cause a major motorcycle accident. Other dangerous road conditions, like inclement weather or improperly managed construction sites, can also have serious consequences for motorcyclists.

Defective Motorcycle Parts

If your bike suffers a tire blowout, brake failure, or other malfunction that causes you to crash, consider whether the part has a defect. There could be recalls regarding your motorcycle model or the specific part. Even if no recall exists, seek help from our personal injury lawyers. If the product is defective, you might be able to sue the manufacturer for compensation.

Most Common Motorcycle Injuries in Baton Rouge

There are many injuries you can sustain when you’re in a motorcycle collision. They include small scratches to more life-threatening injuries. Among the most frequently encountered injuries in motorcycle crashes are the following:

Road Burns

While not always a fatal injury, road burns can still do some serious damage by causing permanent scarring and requiring significant medical treatment and rehabilitation. Protect yourself by wearing protective pants and jackets when riding your motorcycle.

Bone Fractures

The ankles, collarbone, and feet are much more vulnerable to fractures than other parts of your body. Invest in protective motorcycle gear, such as strong riding pants and sturdy boots, in order to reduce your risk of breaking a bone.

Head Injuries

These are even more prevalent in cases when motorcyclists do not wear a helmet. Avoid a concussion at best and a traumatic brain injury at worst by wearing a US Department of Transportation-certified helmet when hitting the road. Head injuries can occur even with a helmet; however, after an accident, you should refrain from removing your helmet until you can get medical care to avoid worsening potential injuries.

Spinal Injuries

Nerve damage, fractures, and herniated discs are all types of spinal injuries that can occur when a rider hits the pavement in a motorcycle wreck.

If you experience any of these injuries, you must promptly contact motorcycle injury lawyers for assistance at Murphy Law Firm and get medical treatment. Prompt medical treatment not only protects your health, but it also creates a clear record linking your injuries to the crash, which can be powerful evidence when an insurance company tries to question or minimize your claim.

Why Hire an Attorney After a Motorcycle Accident?

It’s a sad reality that many courts, including those in Baton Rouge, tend to have biases against motorcyclists. They see motorcycling as a dangerous activity and might think that riders assume these risks. It often takes a skilled personal injury attorney to defend injured motorcyclists and to stand up for their rights under the law.

Don’t let an insurance claims adjuster place the blame on you or downplay the extent of your injuries. Get a motorcycle accident lawyer for your optimal chance at maximizing damage recovery. Call (225) 928-8800 or fill out our contact form to get in touch with our team of motorcycle accident attorneys today.

Our Baton Rouge motorcycle accident lawyers can help by:

• Investigating the crash scene, vehicle damage, and witness statements to understand exactly what happened.
• Obtaining your medical records and working with your doctors to document the full extent of your injuries and future care needs.
• Calculating the full value of your case, including lost income, reduced earning capacity, and the impact on your day-to-day life.
• Handling all communication and negotiation with the insurance companies so you do not have to deal with adjusters on your own.
• Preparing your case for trial when insurers refuse to offer a fair settlement and presenting your side of the story to a judge or jury.

What Compensation Can I Recover?

Motorcycle accidents can result in significant injuries for the individuals involved. Compensation for these injuries can include:

• Disability. If your injuries prevent you from working or performing normal activities, you might qualify for either permanent or temporary disability, depending on your situation.
• Medical costs. The expenses associated with a motorcycle accident can be quite steep. Fortunately, these can be included in a personal injury claim. That way, you can recover from your injuries without worrying about what your health insurance will cover or how much it might cost.
• Wage recovery. If you were employed at the time of the accident, then you might not be able to work while in recovery. A personal injury claim can recover any wages you might lose out on as a result of the accident and your subsequent injuries. If your employment is permanently affected by your injuries, this should also be considered when assessing your claim.
• Property damage. Compensation for property can include repairing or replacing a damaged motorcycle or other vehicle. This can be important because it might impact your ability to get to work, school, or run errands.
• Pain and suffering. In many cases, a motorcycle accident can be incredibly traumatic for those involved. If this applies to your situation, you can also ask for damages to compensate for the pain and suffering that your accident might have caused. Sometimes, injuries are so severe that they permanently affect the victim’s ability to perform tasks that they used to enjoy, which can also be compensated for.

A motorcycle accident can wreak havoc on the victim and their family, so it is important to speak with an attorney after an accident to learn more about what you might be entitled to.

What if a Loved One Died in a Motorcycle Accident?

If a loved one was killed in a motorcycle accident, you might still be able to file a wrongful death claim on their behalf. This type of claim is meant to compensate the family of the loved one after the victim’s passing. Wrongful death claims are typically eligible for the same types of damages as personal injury claims, but they could also recover expenses for the costs incurred by the victim’s funeral and burial.

How Long Do I Have to File a Motorcycle Accident Claim?

You have a limited time to file a motorcycle accident claim, which is why it is better to work with an attorney as soon as possible. They help you meet these deadlines. For most motorcycle accident cases, you will need to be aware of the insurance claim deadline. Most companies require you to file as soon as you are able to.

Once an insurance claim is filed, negotiations can begin for a settlement. Another reason it is important to file this claim quickly is that it ensures that evidence will remain fresh and useful, rather than being lost.

It’s also important to be aware of the civil claim deadline. Louisiana has strict deadlines, called “prescriptive periods,” for filing motorcycle accident civil claims. For many years, most injury and wrongful death claims had to be filed within one year of the crash. For accidents that happen on or after July 1, 2024, most injured people now have up to two years to file a lawsuit, while crashes that happened before that date are still generally subject to the older one-year deadline.

If the statute of limitations expires, then you will be barred from filing in court. The potential for filing in court is what keeps insurance companies in negotiations. Without that possibility, they will stop negotiating a settlement.

If a fair settlement cannot be secured with an insurer, and the statute of limitations is nearing, then it is likely in your interests to file a civil claim. An attorney helps you keep an eye on these deadlines and fight for the financial recovery you are owed.

These time limits can change based on the facts of your case, and some claims have even shorter deadlines. Talking with a Baton Rouge motorcycle accident lawyer as soon as possible helps make sure you don’t miss your chance to seek compensation.

How Long Do I Have to File a Motorcycle Accident Wrongful Death Claim in Louisiana?

Only certain individuals can file a wrongful death claim. If the late victim had children or was married at the time of the accident, then only those individuals can file a claim. If this does not apply, then the victim’s parents can file. Siblings and grandparents might also be eligible if the victim does not have any other surviving family. Relatives through adoption are also eligible to file a claim for the late victim.

Wrongful death claims can address the complications that losing a loved one might have on a family. For example, they might be able to recover damages for loss of companionship or loss of guidance if the victim was a parent or provided guidance to family members. They might also be able to recover damages for the financial impact of losing the victim’s earning capacity and how that might affect the household.

It is important to speak to an attorney as soon as possible after a death that was caused by a motorcycle accident, as Louisiana has strict limits on how long the family has to file a claim.

Louisiana Motorcycle Laws

Louisiana “No Pay, No Play” Rule

A.

1. There is no financial recovery for the first $100,000 of bodily injury and no recovery for the first $100,000 of property damage, if in a claim for injury or damages in a motor vehicle accident, the claim is being filed by a driver who does not have compulsory motor vehicle liability insurance.
2. “Bodily injury” and “property damage” are defined by the relevant car insurance policy or by the meaning that is commonly ascribed thereto, if another form of insurance is used.
3. Recovery limitations do not apply if the driver of the other vehicle:

• Is cited for a violation of R.S. 14:98, driving under the influence, related to the accident, and is convicted of or pleads nolo contendere to the offense.
• Intentionally causes the accident.
• Flees from the scene of the accident.
• Was committing a felony offense under the law.

Recovery limitations also do not apply if, during the accident, the other vehicle is not being operated and the vehicle is not in violation of the provisions of Chapter 1 of this Title.

1. Each person who is involved in an accident and who is found to be liable for damages to the other motor vehicle that they owe damages to was not covered by car insurance may assert as an affirmative defense the limitation of recovery provisions of Subsection A of this Section.
2. If the owner of a motor vehicle that fails to own or maintain car insurance files an action to recover damages, then such owner or operator shall be assessed and held liable for all court costs incurred by all parties to the action. This is true regardless of whether such owner or operator is at fault, and if they are awarded an amount equal to or less than $100,000 for bodily injury.
3. Each person who applies for a driver’s license, registers a motor vehicle, or operates or owns a motor vehicle in this state is deemed to have given his consent to be subject to and governed by the provisions of this Section.

All persons who apply for the issuance or renewal of a driver’s license, motor vehicle title, or motor vehicle registration shall sign a declaration pursuant to rules and regulations that the person acknowledges and gives consent to the requirements and provisions of this Section and that the person will comply with all provisions of this Section and the Motor Vehicle Safety Responsibility Law.

Proof of whether the person obtained or signed such a declaration is irrelevant to the application of this Section.

1. Nothing in this Section shall preclude a passenger in a vehicle from asserting a claim to recover damages for injury, death, or loss which he suffered, in whole or in part, by the negligence of another person arising out of the operation or use of a motor vehicle. This Subsection shall not apply to a passenger who is also the owner of the uninsured motor vehicle involved in the accident.

F.

1. Notwithstanding any provision of law to the contrary, no insurer shall lose any rights of subrogation for claims paid under the applicable insurance policy for the recovery of any sum in excess of the first $100,000 of bodily injury and the first $100,000 of property damages.
2. In claims where no suit is filed, the claimant’s insurer shall have all rights to recover any amount paid by the claimant’s insurer on behalf of the insured for the recovery of any sum in excess of the first $100,000 of bodily injury and the first $100,000 of property damages.

G.

1. Except for newly acquired vehicles added to a policy subject to the policy terms, the issuance, change, or adjustment of any motor vehicle liability security or insurance policy subsequent to a motor vehicle accident, without proof of coverage having been bound prior to such motor vehicle accident, shall not force any of the following:
   1. The recovery for injury or damages that are otherwise prohibited under this Section.
   2. The defeat of any affirmative defense otherwise allowed under this Section.
   3. The avoidance of liability for court costs otherwise required under this Section.
2. Reinstatement provisions of a policy during the premium payment grace period specified in the policy shall not be invalidated by the provisions of this Section.

1. The provisions of this Part shall not apply to any vehicle which is legally parked at the time of the accident.

Acts 1997, No. 1476, §4, eff. Sept. 6, 1998; Acts 1999, No. 1085, §1, eff. Jan. 1, 2000; Acts 2003, No. 532, §1; Acts 2008, No. 921, §1, eff. Jan. 1, 2010; Acts 2014, No. 149, §1.

NOTE: See Acts 1997, No. 1476, §5(D)(2). The rate reduction day was the date on which the judgment in the lawsuit became final, May 8, 1998. Sections 2 through 4 became effective 120 days thereafter, Sept. 6, 1998.

FAQs

Does a Motorcycle Accident Affect Your Car Insurance in Baton Rouge?

A motorcycle accident can affect your car insurance rates in Baton Rouge. How much they are affected depends on:

• The party or parties that are determined to be at fault for the accident
• How much property damage there is
• How severe the injuries were
• Your driving history

Insurance companies also take into account how often you drive to estimate your car insurance rate. To learn more about how a motorcycle accident could affect your rates, speak with a personal injury attorney.

What Should You Do if There Is a Motorcycle Accident?

One of the most important things to do if there is a motorcycle accident is to move the vehicles involved to a safe place if possible. Next, call 911 to report any injuries. Document the scene of the accident, and take photos and videos of the vehicles involved and their license plates. Stay at the scene so that a police report can be filed and avoid any penalties for leaving the scene. After the accident, seek medical attention as soon as possible.

Should I Get a Lawyer for a Motorcycle Accident in Louisiana?

Most people should get a lawyer for a motorcycle accident in Louisiana. An attorney can reduce the stress of an accident by doing a lot of the paperwork and negotiating on your behalf. They are also experienced in gathering evidence. An experienced attorney can work with insurance companies to make sure you receive the damages that you deserve in a motorcycle accident. Schedule a consultation with a personal injury attorney to find out more about your motorcycle accident.

Who Is at Fault in a Motorcycle Accident?

Every accident is different. Sometimes, the other driver is at fault in a motorcycle accident. There are some instances in which the motorcycle driver is at fault. It depends on which party was acting negligently or recklessly. It is possible that each driver involved in the accident was somewhat at fault for the accident. If this occurs, they might still be eligible for compensation for their injuries. For more information, contact a motorcycle accident attorney.

What Compensation Can You Pursue in a Motorcycle Accident Case in Baton Rouge?

The compensation you can pursue in a motorcycle accident case in Baton Rouge depends on the damages you sustained in the accident. Motorcyclists tend to suffer much more severe injuries compared to those in passenger cars. Motorcyclists could recover compensation like medical expenses, future medical treatment needs, loss of income, loss of employment, pain and suffering, property damage, and other costs. To assess the full value of your damages, you need an attorney.

Get Help With Motorcycle Accident Cases in Baton Rouge

Insurance companies are more interested in protecting their profits than compensating victims for their injuries. This can make it difficult to advocate for your rights when filing a claim for a motorcycle accident. For assistance with your accident claim, schedule a consultation with Murphy Law Firm today. We’re experienced in earning damages for our clients so that they can recover without worrying about the financial impact of their injuries.

Your Path to Legal Resolution Starts with Murphy Law Firm.

When you choose Murphy Law Firm, you gain access to a team of experienced attorneys with a proven track record of success. We understand the importance of trust, and we strive to build lasting relationships with our clients by delivering exceptional results.

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