Baton Rouge Motorcycle Accident Lawyer

Injured in a Motorcycle Accident?

If you were injured in a motorcycle accident in Louisiana, you may be entitled to compensation for your injuries and property damage. Our Baton Rouge motorcycle accident lawyers are here to help secure the compensation you need and deserve. We work on a contingency fee basis, which means you don’t pay us anything unless we win your case. Contact us today for a free initial case review!

Louisiana Motorcycle Accident Laws

Louisiana has laws to protect motorcyclists and keep roads safer. Riders need to be aware of these rules, including:

• All riders and passengers must wear a helmet approved under Louisiana Revised Statutes Title 32: §190. These helmets have to have features such as padding and straps to protect the head. Not wearing one can affect your motorcycle injury claim.
• Eye protection. 32: §190.1 states that eyes have to be protected with goggles, a windshield, or a visor and are not allowed to be tinted at night.
• Lane sharing. This is also known as lane splitting and is illegal in Louisiana under 32: §191.1. It means that motorcycles cannot ride between lanes. Two bikes can ride together in one lane, and one motorcycle cannot be in the same lane as another car.
• In 32: §301, Louisiana law states that lights are mandatory. This is true for low lighting conditions or at night. You also need a mirror to see traffic.
• The law also dictates how much you need to have in insurance. For Louisiana motorcyclists, the numbers are different than for other vehicle drivers. This is outlined in 32: §900. Riders need $15,000 for one person harmed and $30,000 for more than one person harmed. The $25,000 minimum is for property damage.

Some of these laws differ from those that apply to cars, and breaking one of these laws during an accident can affect your Baton Rouge motorcycle accident claim.

Get Help Right Away

We understand how stressful your situation is. That’s why we make getting help quick and easy. Just give us a call or fill out our online form to start your free consultation.

You’re Entitled to Compensation

If you’ve been hurt by someone else’s carelessness, you’re most likely entitled to compensation. Let us be your Go2Lawyers and help you seek the compensation you deserve.

There’s No Risk to You

The attorneys at Gauthier Amedee work on contingency, which means we don’t get paid if you don’t get paid. So there’s nothing to lose and everything to gain!

Common Causes of Motorcycle Accidents

Motorcyclists face real danger on Baton Rouge roads. They are 28 times more likely to die after an accident than those in other vehicles. Blind spots become more dangerous, as vehicle drivers may change lanes without checking twice. Because riders have no seatbelts or airbags, even a small bump can send someone off their motorcycle. Distracted driving is another big issue causing accidents, with phones playing a large role.

Bad weather and poor road upkeep also add to the risk of motorcycle accidents. Rain can hide potholes, and oil spills can cause slippery conditions.

Important Laws To Know for Your Louisiana Motorcycle Accident Case

Compensation in Motorcycle Accident Cases

When you’re involved in a motorcycle accident, understanding the types of compensation available is fundamental to ensuring you receive the full amount you deserve. Here’s an overview of the different categories of compensation:

How Much Can I Get for a Motorcycle Accident in Louisiana?

Economic Damages

Louisiana motorcycle crash compensation includes both economic damages and non-economic damages.  These typically include: Economic damages cover the tangible, financial losses resulting from the accident. These typically include:

• Medical Expenses
  • Hospital bills
  • Surgery costs
  • Medication and prescription costs
  • Physical therapy and rehabilitation expenses
  • Future medical expenses for ongoing treatment

• Lost Wages
  • Compensation for income lost due to time off work during recovery
  • Future lost wages if the injury affects your ability to work long-term or permanently

• Property Damage
  • Costs to repair or replace your motorcycle and any other damaged personal property

Non-Economic Damages

Non-economic damages address the intangible, non-financial impacts of the accident. These can be more subjective and include:

• Pain and Suffering: Physical pain and discomfort resulting from the accident and injuries
• Emotional Distress: Mental anguish, anxiety, depression, and emotional trauma caused by the accident
• Loss of Enjoyment of Life: Compensation for the decreased ability to enjoy day-to-day activities and hobbies you enjoyed before the accident
• Loss of Consortium: Compensation for the negative impact on your relationship with your spouse or family due to the injuries sustained

Punitive Damages

Punitive damages are less common and are awarded in cases where the defendant’s conduct was particularly egregious or reckless. The purpose of punitive damages is to punish the wrongdoer and deter similar behavior in the future. Examples include:

• Gross Negligence: Situations where the defendant’s actions were extraordinarily negligent or reckless, such as driving under the influence of alcohol or drugs
• Intentional Misconduct: Cases where the defendant’s actions were intentional and meant to cause harm

A court might award punitive damages in these circumstances. They are rare but effective. According to the National Highway Traffic Safety Administration, 6,335 motorcyclists died in fatal accidents in 2023 and accounted for 15% of accident fatalities. Punitive damages send a message that these fatalities are not tolerated.

One of the most common causes of punitive damages is drunk driving. In 2022, 2,193 people who were in other vehicles were killed due to a drunk driver.

If you’ve been involved in a motorcycle accident, contact our Baton Rouge motorcycle accident lawyers to discuss your case and explore your legal options. We are dedicated to helping you recover the compensation you deserve.

What Is the Statute of Limitations for a Motorcycle Accident in Louisiana?

Louisiana changed its rules for filing injury claims. For crashes that happen after July 1, 2024, the deadline is two years. That’s an increase from the one-year limit under the old law. Victims now have more time to file a claim.

Waiting too long can still hurt a case, as witnesses forget details, and evidence can get lost. It’s wise to start the process early by speaking with a Baton Rouge motorcycle lawyer as soon as you can.

Why Choose Us?

Gauthier Amedee has decades of experience with personal injury claims. We’ve handled motorcycle crashes, car wrecks, and other major cases, earning multiple seven-figure jury awards. That includes verdicts of $5 million and $4.4 million in auto injury trials.

Our clients say that we keep them informed during the process, never give up, and treat every case like it matters. For us, the work isn’t just about money. It’s about holding people accountable.

“They treat you better than family and always go the extra mile to make you feel comfortable” (S.M.). This attitude shapes our role in every case we are involved in.

Some of our verdicts have been featured in publications such as Lawyers Weekly USA, National Verdict Search, Lawyers USA, and The Wall Street Journal. Our attorneys have won awards recognizing them for being leaders in the field from reputable professional organizations, including the American Trial Lawyers Association and the American Institute of Personal Injury Attorneys.

Baton Rouge Motorcycle Injury Attorneys

Lee “Jody” Amedee III is one of the founding members of our firm. According to his clients, “He just doesn’t know the word quit!” (D.B.). Some of his notable wins include a $4 million auto accident jury verdict and a $1 million auto accident settlement.

André P. Gauthier is the other founding member of Gauthier Amedee. His two decades of trial experience have made a dramatic difference in the lives of his clients. His win of a $4.4 million jury award was hard-fought. Gauthier knows how to right the wrongs of negligence.

FAQs

Q: How Does Louisiana Law Treat Motorcyclists?

A: Louisiana law treats motorcyclists similarly to other vehicle drivers. Motorcyclists must follow the same traffic laws and are protected under the same personal injury rules. The court does not assume blame just because a person was on a motorcycle. However, insurance companies may treat motorcyclists unfairly. This is why you need a seasoned attorney to build your case with solid facts and evidence.

Q: What Damages Can Be Recovered After a Motorcycle Accident Injury?

A: The damages that can be recovered after a motorcycle accident injury are substantial. An injured motorcyclist may be able to file a claim for medical bills, lost wages, future care needs, pain and suffering, and emotional stress. The court may sometimes allow punitive damages, which are meant to punish the wrongdoer.

Q: What if I Was Partially at Fault for my Motorcycle Accident?

A: You can still recover damages if you are partially at fault. Under comparative negligence, both parties can share blame, and the court will reduce the payout based on the rider’s share of fault. If a rider is found 20% at fault and wins $100,000, they receive $80,000. Insurance companies may use this rule to attempt to cut down on claims.

Q: Can I Recover Compensation if I Wasn’t Wearing a Helmet?

A: You can recover compensation if you were not wearing a helmet. However, wearing a helmet is required to ride a motorcycle in Louisiana. Helmets have been proven to reduce head injuries by 70%. The decision to skip a helmet can affect a case, as a jury may say the rider shares some blame for their injuries, and this can lower your payout.

Q: How Much Does a Baton Rouge Motorcycle Accident Attorney Cost?

A: The cost of a Baton Rouge motorcycle accident attorney can vary from firm to firm. Factors that can affect the cost are the severity of injuries, the experience of the attorney, and whether or not the case goes to court. Most personal injury attorneys work on contingency, where they will receive a percentage of the settlement only if they win the case.

Review Your Options From a Skilled Baton Rouge Motorcycle Accident Law Firm

Motorcycle accidents leave serious impacts and may require extensive recovery. Our legal team is committed to being there to help when you need it most. Schedule a consultation with Gauthier Amedee for assistance after a motorcycle accident from a legal team that is dedicated to maximizing your settlement.

The Legal Process of a Motorcycle Accident Case: What to Expect

Navigating a motorcycle accident case can be complex and overwhelming. Understanding the legal process can help you prepare for each step and improve your chances of a favorable outcome. Here’s what to expect when working with a lawyer:

Important Laws To Know for Your Louisiana Motorcycle Accident Case

Understanding the legal process of a motorcycle accident case can help you feel more confident and prepared. The process may change depending on the specifics of each case (settling or going to trial, for example), but our Baton Rouge personal injury lawyers are prepared to handle your case regardless of how it develops. If you’ve been involved in a motorcycle accident, contact our Baton Rouge motorcycle accident lawyers for professional guidance and representation throughout your case.

How To Win Your Motorcycle Accident Injury Case

Winning a motorcycle accident injury case involves accomplishing certain legal requirements. Here’s a guide on what you need to accomplish and the best practices to achieve those goals.

Legal Requirements for Winning Your Case

To win your motorcycle accident injury case, you must prove the following elements:

1. Duty of Care:You must demonstrate that the defendant owed you a duty of care. This means showing that the defendant was required to act in a reasonably safe manner to avoid causing harm.
2. Breach of Duty:You need to prove that the defendant breached this duty of care. This involves showing that the defendant’s actions or negligence fell below the standard of care expected in similar circumstances.
3. Causation:Establish a direct link between the defendant’s breach of duty and your injuries. You must show that the defendant’s actions were the direct cause of the accident and your resulting injuries.
4. Damages:Prove that you suffered actual damages as a result of the accident.

How To Accomplish These Requirements To Win Your Case

Following best practices can help you effectively meet the legal requirements and strengthen your case:

1. Seek Immediate Medical Attention
   Get medical treatment immediately after the accident, even if you think your injuries are minor. This ensures your injuries are documented and treated promptly. Medical records will serve as fundamental evidence to support your claim.
2. Follow Your Doctor’s Advice
   Adhere to your medical treatment plan and attend all follow-up appointments. Failure to follow medical advice can be used against you to argue that your injuries are not severe.
3. Gather Evidence at the Scene
   If you’re able, take photographs of the accident scene, your injuries, and any damage to your motorcycle. Collect contact information from witnesses and get a copy of the police report.
   
4. Document Everything
   Keep detailed records of all medical treatments, expenses, and any communication related to the accident. Maintain a journal documenting how the injuries impact your daily life and activities.
   
5. Avoid Admitting Fault
   Do not admit fault or make statements that could be interpreted as admitting fault at the scene of the accident or to insurance companies. Let the investigation determine fault.
6. Consult an Experienced Motorcycle Accident Lawyer
   Hire an attorney who has experience in handling motorcycle accident cases. An experienced lawyer can guide you through the legal process, gather evidence, and represent your interests effectively.

How Our Motorcycle Accident Lawyers Can Help

Navigating the aftermath of a motorcycle accident can be challenging and overwhelming. Our experienced motorcycle accident lawyers are here to provide the support you need.

By choosing our Baton Rouge motorcycle accident lawyers, you can trust that your case is in capable hands. Contact us today for a free initial case review and let us help you secure the compensation you deserve.

Frequently Asked Questions

What should I do immediately after a motorcycle accident?

Ensure your safety and seek medical attention for any injuries. Call the police to report the accident and obtain a police report. Gather evidence at the scene, including photographs and witness contact information. Notify your insurance company about the accident.

How long do I have to file a personal injury claim after a motorcycle accident in Louisiana?

In Louisiana, the statute of limitations for filing a personal injury claim is one year from the date of the accident. It’s important to file within this timeframe to preserve your right to seek compensation.

What types of compensation can I recover in a motorcycle accident case?

You may be entitled to recover economic damages (such as medical expenses, lost wages, and property damage) and non-economic damages (such as pain and suffering, emotional distress, and loss of enjoyment of life). In rare cases, punitive damages may also be awarded.

How is fault determined in a motorcycle accident case?

Fault is determined by examining evidence such as police reports, witness statements, photographs, and expert testimony. Louisiana follows a comparative fault rule, meaning your compensation can be reduced by your percentage of fault in the accident.

Do I need a lawyer for my motorcycle accident case?

While you are not required to have a lawyer, having an experienced motorcycle accident lawyer can significantly improve your chances of obtaining fair compensation. A lawyer can help you navigate the legal process, gather evidence, negotiate with insurance companies, and represent you in court, if necessary.

What if the other driver doesn’t have insurance?

If the at-fault driver is uninsured or underinsured, you may be able to recover compensation through your own insurance policy if you have uninsured/underinsured motorist coverage. Consulting a lawyer can help you explore all available options.

Can I still recover damages if I wasn’t wearing a helmet?

Yes, you can still recover damages, but not wearing a helmet may affect the amount of compensation you receive. The defendant may argue that your injuries were more severe because you were not wearing a helmet, which could reduce your compensation under Louisiana’s comparative fault rule. It’s also important to note that Louisiana state law requires you to wear a helmet when riding a motorcycle.

How long does it take to settle a motorcycle accident case?

The duration of a motorcycle accident case can vary widely depending on the complexity of the case, the severity of injuries, and whether the case goes to trial. Some cases settle in a few months, while others may take a year or more to resolve.

What should I avoid doing after a motorcycle accident?

Avoid admitting fault at the scene or to insurance companies. Do not sign any settlement offers or agreements without consulting a lawyer–insurance companies will often try to get you to settle quickly with a quick low-ball offer. Avoid posting details about the accident or your injuries on social media, as this can be used against you.

How much does it cost to hire a motorcycle accident lawyer?

Our motorcycle accident lawyers work on a contingency fee basis, meaning you do not pay any upfront fees. The lawyer’s fee is a percentage of the compensation you receive, and you only pay if your case is successful.

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