Partner at Charbonnet Law Firm LLC
Practice Areas: Car Accident, Slip-and-Fall, Work-related Injury
In Louisiana, motorcyclists are 28 times more likely to die in a crash than occupants of passenger vehicles, according to data from the National Highway Traffic Safety Administration (NHTSA). Filing a motorcycle accident lawsuit in Louisiana isn’t something most people do every day. The process feels overwhelming, especially when you’re recovering from serious injuries. However, knowing what to expect from a motorcycle accident lawsuit in Louisiana can make the process feel more manageable.
At Charbonnet Law Firm, LLC, our team of personal injury attorneys has worked with many injured riders and families across Louisiana. In the sections below, we walk through the key steps, deadlines, and rules that apply to motorcycle accident lawsuits in Louisiana.
The steps in a motorcycle accident lawsuit in Louisiana usually begin shortly after the crash, once immediate medical needs are addressed and evidence is collected. Filing a lawsuit is the next step if an insurance claim doesn’t result in a fair settlement.
First, a complaint is filed in civil court. Both sides then go through discovery. This involves sharing documents, medical records, witness statements, and more. The case moves to trial if a settlement still isn’t reached at this stage.
As of 2024, Louisiana’s statute of limitations for personal injury claims, including motorcycle crashes, is two years from the date of the accident.
Missing this deadline could prevent you from recovering anything at all. Act quickly to avoid losing your right to compensation.
Here’s a basic timeline of how a lawsuit might progress:
| Stage | Description | Estimated Duration |
| Accident & Emergency Care | Initial treatment, police report, evidence collection | Day 1–7 |
| Filing the Lawsuit | Complaint filed in civil court | Week 1–2 (post-evidence) |
| Discovery Phase | Information exchanged between both sides | 1–3 months |
| Settlement Negotiations | Offer/counteroffer period | Ongoing |
| Trial (if needed) | Formal court proceedings begin | Several months to 1 year |
Louisiana uses a pure comparative fault system. This means if your own negligence or actions played a role in the crash, your compensation may be reduced by the percentage of blame or fault assigned to you. However, you can still recover damages if you’re partially at fault. You’ll simply recover less than you would had you not contributed to the accident or your injuries.
Under Louisiana Civil Code Article 2323, your compensation may be reduced based on your percentage of fault in the accident.
For example, maybe you’re found to be 20% at fault for speeding. Your total damages are $100,000. In this case, you could recover up to $80,000.
Wearing a helmet is another key factor influencing the outcome of a motorcycle accident case. Louisiana law requires all motorcyclists to wear helmets. The other side might argue that your injuries were partly your fault if you weren’t wearing one during the crash.
Wearing a helmet not only protects riders but may also influence how liability is assigned in a personal injury lawsuit, notes theLouisiana Highway Safety Commission.
Motorcycle crashes often result in serious injuries, leading to significant expenses. In a Louisiana motorcycle accident lawsuit, you can pursue compensation for:
According to the Louisiana Department of Transportation and Development (LaDOTD), motorcyclists make up a significant portion of the state’s annual traffic fatalities.
In wrongful death cases, surviving family members can also pursue damages for loss of companionship, funeral costs, and more.
Most personal injury claims are resolved through settlement, not trial. Filing a lawsuit is typically only necessary when the insurance company offers less than what the case is worth (or denies the claim altogether).
The case may still settle at any point before trial, even after a lawsuit is filed. Settlement talks often continue even while both sides prepare for court. However, if there’s a disagreement about who was at fault or how much compensation is fair, a judge or jury will decide the outcome.
The outcome of any case depends on its specific facts. Past results do not guarantee future outcomes.
Court dockets can be backlogged in Orleans Parish and Jefferson Parish. Having an attorney familiar with local courts can help avoid delays and keep your case on track.
Louisiana law requires helmets for all motorcycle riders and passengers. Not following this rule can weaken your claim or reduce your compensation. While that may not mean you’ll lose your case, it can complicate things.
Insurance companies may also raise disputes about whether specific injuries were pre-existing or argue that your policy doesn’t cover the crash. You’ll need medical records, photos, the accident report, and possibly expert opinions to prove your case.
Having a clear record of everything related to the crash (such as medical visits, repair estimates, and witness information) can make a big difference if your case moves to court.
If your crash happened in New Orleans, Metairie, or nearby, your case will likely be filed in the local district court, depending on the parish where the accident occurred. The court system in Orleans Parish, for example, can be different from that of Jefferson Parish.
Louisiana law applies across the state. Regardless, local factors such as traffic volume, accident hotspots, and court resources may influence how long a case takes to resolve or how local juries perceive specific claims.
Knowing how to navigate these local issues can improve your chances of success.
As of 2024, the statute of limitations is two years from the date of the accident. Delays may jeopardize your right to seek compensation.
No. Most are resolved through settlement. Court becomes necessary if parties can’t agree on fault or damages.
Yes, but under Louisiana’s comparative fault rules, your compensation may be reduced based on your perceived contribution to the injuries.
You may pursue compensation for medical bills, lost income, property damage, emotional trauma, and pain and suffering. Families may file wrongful death claims in fatal cases.
Not necessarily. Lawsuits typically take longer but may be necessary for fair compensation if insurance negotiations stall.
Motorcycle accidents are serious. The legal process that follows can be just as complex. If you were injured in a crash in Louisiana, understanding your rights and the steps involved in a lawsuit is essential. From deadlines and damages to fault rules and insurance disputes, each detail matters.
The good news is that you don’t have to go through it alone. A legal team that understands motorcycle accident claims and the New Orleans court system can guide you every step of the way.
Charbonnet Law Firm, LLC has a long history of helping injured riders in New Orleans and Metairie get the support and compensation they deserve. Contact us for a free consultation.
With over 50 years of legal experience serving families in the New Orleans area and surrounding Louisiana communities, our firm takes pride in providing clients with personalized legal services tailored to individual needs.
