Written by Collin Melancon, personal injury attorney at Mansfield Melancon Injury Lawyers — mmcdlaw.com/about-us/our-team/collin-melancon/
If you ride a motorcycle in Louisiana, you already know that other drivers don’t always see you — or give you the space you’re owed on the road. What most riders don’t know is what happens to their Louisiana motorcycle accident claim when the driver who hit them tries to shift the blame. Louisiana’s comparative fault system can significantly affect how much you recover, and insurance companies know exactly how to use it against motorcycle riders. Usually you have two years from the date of the crash to file under La. C.C. Art. 3493.1.
How Louisiana’s Comparative Fault System Works for Motorcycle Claims
Louisiana follows pure comparative fault. Even if you are found partially at fault for the crash, you can still recover damages — but your award is reduced by your percentage of fault. If a jury finds you 30% at fault and awards $200,000 in damages, you collect $140,000.
For motorcycle riders, this matters because fault assignment in motorcycle crashes is rarely straightforward. Other drivers frequently claim the rider was speeding, lane splitting, or came out of nowhere. Insurance adjusters are trained to find any rider behavior — even legal behavior — that can be used to reduce the payout.
Arguments Insurance Companies Use Against Motorcycle Riders
Speed. Adjusters may claim you were traveling faster than the flow of traffic, even without evidence. Accident reconstruction can counter this with physical evidence — skid marks, impact points, and vehicle positions tell a more accurate story than an adjuster’s assumption.
Visibility. The claim that a rider was in a blind spot or wearing dark gear. Dashcam footage, intersection cameras, and witness testimony are your best defense against this argument.
Helmet use. Louisiana requires helmets for all riders. If you weren’t wearing one, the insurer will argue your head injuries were worsened by your own negligence. This doesn’t bar your claim but affects how head injury damages are valued.
Assumed risk. Insurers sometimes suggest that riding a motorcycle is inherently risky and that riders accept that risk. This is not a valid defense under Louisiana law, but it shapes how adjusters frame negotiations.
What Evidence Protects Your Louisiana Motorcycle Accident Claim
The police report, your medical records from that day, photos of the scene and both vehicles, witness statements, your own account documented immediately after the crash, and any available camera footage. If the at-fault driver’s vehicle has a dashcam or event data recorder, that data is accessible through your attorney’s investigation. Acting quickly matters — EDR data can be overwritten and camera footage erased within days. Our motorcycle accident attorneys begin preserving evidence from the moment you call.
Frequently Asked Questions
Does Louisiana law require a helmet, and does it affect my claim?
Yes, Louisiana requires helmets for all motorcycle riders. If you were not wearing one, the defense may argue your head injuries were partly caused by your own failure to protect yourself. This can reduce the head injury portion of your damages but does not bar your overall motorcycle accident claim.
Can I recover if I was speeding when I was hit?
Comparative fault allows recovery even when you share some fault. Whether you were speeding — and by how much — will be contested. Physical evidence from the crash scene often tells a more accurate story than either driver’s account alone.
What if the other driver’s insurance denies my claim entirely?
A denial is not the end of your claim. An attorney can challenge the denial, negotiate with evidence and expert analysis, and take the case to trial if necessary. Insurers settle more reasonably when they know you have counsel prepared to litigate.