Metairie & New Orleans Motorcycle Accident Lawyer

The bias against riders is real — and it costs them

Insurance companies and some jurors walk into a motorcycle case already assuming the rider was speeding, weaving, or riding dangerously. It's unfair, and it's often flatly wrong — the majority of motorcycle accidents are caused by other drivers who fail to see the motorcycle or misjudge its speed. But the assumption is baked in, and it means a motorcycle case has to be built more carefully than an ordinary car-accident claim.

Overcoming that bias takes evidence: the other driver's account, witness statements, traffic and intersection data, accident reconstruction where needed, and a clear presentation of how the crash actually unfolded. Insurance adjusters count on riders not having a lawyer who will do that work. We do it — and that hands-on approach is what makes us different.

Common causes of motorcycle accidents

Most of the cases we see come from a driver's failure to respect a motorcycle's presence and right of way:

• Left-turn collisions — a car turning left across the rider's path, the single most common and deadly motorcycle accident
• Lane-change and merging crashes — drivers who don't check blind spots and move into a rider
• Following too closely — a rider rear-ended at a stop or slowdown
• Distracted driving — the driver on a phone who never sees the motorcycle
• Dooring — a parked car's door opened into a rider's path
• Road hazards — potholes, debris, uneven pavement, and poorly maintained roads that are minor to a car but dangerous to a motorcycle
• Impaired driving

Louisiana motorcycle law — what riders should know

A few points of Louisiana law come up often in these cases:

• Helmets are required. Louisiana law requires all motorcycle operators and passengers to wear a helmet. Whether you were wearing one can become an issue in your claim — but not wearing a helmet does not automatically bar recovery, particularly for injuries a helmet wouldn't have affected. If you were injured in a crash that wasn't your fault, talk to us regardless.
• Comparative fault changed in 2026. Louisiana now follows a modified comparative-fault rule with a 51% bar (amended Civil Code article 2323). This matters enormously for riders, because shifting blame onto the motorcyclist is exactly the insurance company's playbook. If they push your share of fault past the threshold, your recovery can be barred entirely. Pushing back on inflated fault arguments is central to a motorcycle case now.
• Uninsured motorist coverage is critical for riders. Louisiana has a high rate of uninsured and underinsured drivers, and a serious motorcycle injury easily exceeds a minimum auto policy. UM coverage on your own policy is often what stands between you and an unpaid medical bill when the at-fault driver has little or no insurance.

Motorcycle injuries are often catastrophic

Because a rider's body absorbs the force of the crash, the injuries tend to be among the most serious we handle:

• Traumatic brain injuries, even with a helmet
• Spinal cord injuries and paralysis
• Road rash severe enough to require skin grafts
• Broken bones and crushed limbs
• Amputations
• Internal injuries

These are injuries that change lives and careers, and their full cost — including future medical care and lost earning capacity — has to be calculated carefully and proven thoroughly. A quick settlement offer almost never accounts for what a catastrophic injury will actually cost over a lifetime. You can see the kind of outcomes we fight for in our case results.

What to do after a motorcycle crash

1. Get medical care immediately, and follow through on treatment. Adrenaline and the desire to "walk it off" cause many riders to underestimate their injuries.
2. Photograph everything — the scene, both vehicles, your gear, the road conditions, your injuries.
3. Get witness names and numbers. In a case where bias works against you, independent witnesses are gold.
4. Don't admit fault or apologize at the scene — it's natural, but it gets used against you.
5. Preserve your gear. Your helmet, jacket, and damaged bike are evidence; don't repair or discard them.
6. Don't give a recorded statement to the other driver's insurer before talking to a lawyer.
7. Call us for a free consultation.

What your claim can recover

A motorcycle accident claim may recover medical expenses (current and future), lost wages and lost earning capacity, pain and suffering, permanent disability or disfigurement, property damage to your motorcycle and gear, and — in a fatal crash — wrongful death damages for the family. The value depends on the severity of the injuries, the insurance available, and the strength of the evidence. No two cases are alike.

Common questions

Motorcycle accident FAQ

Hurt in a motorcycle accident in Greater New Orleans? Talk to a firm that knows the bias riders face — and how to beat it with evidence.

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