Those persons traveling by motorcycle are much more likely to incur severe injuries or be fatally injured than occupants of passenger cars. Older riders are particularly susceptible to serious injuries. Most fatal or catastrophic motorcycle injuries involve an initial collision from the front. Recent Government Accounting Office data shows that the annual costs associated with motorcycle crashes are roughly $16 billion. These costs accumulate as a result of emergency response, medical and rehabilitative expenses, damage to property, lost wages, insurance claims, and more.

In addition, the National Highway Transportation Safety Administration (NHTSA) reported 5,286 motorcyclist fatalities in 2016. This fatality rate was 28 times greater than that in passenger cars. There were 88 motorcycle fatalities in Louisiana alone in 2016.

 

U.S. Motorcyclists  Killed  Injured 
2014  4,594  92,000 
2015  5,029  88,000 
2016  5,286  N/A 

OVERVIEW OF INJURY CLAIMS PROCESS IN LOUISIANA

Generally, the statute of limitations for bringing a claim for traffic injuries and/or property damage in Louisiana is one-year. This concept has traditionally been referred to as “liberative prescription” in the state, yet still describes the maximum amount of time that may pass before a plaintiff is barred from pursuing civil action.

When initiating the process with your attorney, gather relevant information, like the police report, medical records, contact information, and/or statements from witnesses.

The majority of motorcycle accident cases are concluded with a settlement agreement before reaching a trial.

LOUISIANA MOTORCYCLE OPERATOR LICENSING & INSURANCE REQUIREMENTS

Louisiana motorcycle operators must obtain an “M” endorsement that requires passing (1) a rules test, and (2) a skills test. This requirement, however, is waived if the operator completes a safety and training class approved by the Department of Public Safety.

Motorcycles must be inspected to receive a registration sticker and obtain a license plate. Liability insurance is also required. The current minimum liability insurance requirements are 15/20/25:

$15,000 for bodily injury for one person,
$30,000 for more than one person,
$25,000 for property damage

Data from the Insurance Research Council shows that an estimated 13% of drivers operating in Louisiana are doing so without the state-mandated liability coverage.

BRINGING A CLAIM IN ASCENSION PARISH LA FOR MOTORCYCLE ACCIDENT INJURIES

Louisiana employs an “at-fault” system of insurance where the party responsible may be liable for injuries and property damage incurred. Examples of damages that may be recovered include:

  • Costs to repair or replace a vehicle
  • Medical expenses
  • Lost wages
  • Pain and suffering

In a lawsuit, the plaintiff's burden of proof is a “preponderance of the evidence.” In cases where there are moderate or severe injuries or property damage, it is best to promptly seek assistance from an experienced Ascension Parish personal injury attorney.

ALCOHOL INVOLVEMENT IN ASCENSION PARISH MOTORCYCLE ACCIDENTS

The consumption of alcohol is a major contributor to motorcycle accidents in Louisiana and throughout the United States. Among those motorcyclists killed in 2016, roughly 25% were over the legal limit for alcohol consumption with a blood alcohol concentration (BAC) of at least .08%. Another 7% of these individuals had a BAC between .01% and .07% at the time. Approximately 37% of motorcyclists that were killed in single-vehicle accidents were found to be impaired.

HELMET USAGE

Helmet usage is especially important for safety among those riding “Supersport” model bikes that are popular among riders under the age of 30. These riders have a fatality rate that is four times higher than other non-racing style bikes.

HELMET USAGE IN ASCENSION PARISH LA

If you live in Ascension Parish, Louisiana, you must wear a helmet when riding a motorcycle. Fewer than half of U.S. states have mandatory (universal) helmet laws. Louisiana is among those that require all motorcycle riders to wear them.

ADDITIONAL INFORMATION ON HELMETS

One problem reported by the Motorcycle Safety Foundation has been the rise in usage of helmets that do not actually meet U.S. Department of Transportation safety standards. Many riders like the appearance and fit of these non-compliant helmets, and by wearing them, these riders "appear" to be in compliance with universal helmet laws. These helmets have been shown to provide insufficient levels of protection from potential injuries to the skull and brain