If you are able to move, get yourself and your motorcycle out of the path of traffic. Call 911 immediately. Louisiana law requires you to report any accident involving injury, death, or property damage over $500. Do not leave the scene until police arrive — a police report is essential to your claim, and leaving the scene is a crime if anyone was hurt.

If you or another rider may have a head or neck injury, do not remove your helmet until emergency medical personnel arrive. Moving someone with a spinal injury without proper support can cause additional serious harm. If you are conscious and your helmet is not compromising your airway, leave it on and wait for EMS.

Seek emergency medical care even if you feel okay at the scene. Motorcycle accident injuries — including traumatic brain injuries, internal bleeding, spinal damage, and road rash infections — often have delayed symptoms. Adrenaline masks pain in the immediate aftermath of a crash. A same-day medical record is one of the strongest pieces of evidence in your case. Gaps in treatment give insurers ammunition to minimize your injuries.

Photograph everything before vehicles are moved — your motorcycle, the other vehicle, the point of impact, skid marks, road conditions, traffic signs, debris, and all visible injuries. Get the other driver’s full name, phone number, address, driver’s license number, license plate, and insurance information. Note the make, model, and color of their vehicle. Take wide shots to capture the full scene and close-ups of all damage.

Get the names and phone numbers of any witnesses before they leave the scene. Independent eyewitness accounts are especially valuable in motorcycle accident cases, where the other driver often claims they never saw the rider. A witness who can confirm the other driver ran a red light or changed lanes without looking can make or break a disputed claim.

Do not say “I’m sorry,” “I didn’t see you,” or anything else that could be interpreted as an admission of fault. Louisiana follows pure comparative fault — any statement suggesting partial responsibility reduces your recovery. Stick to the facts with police. Do not speculate about what caused the crash.

Do not repair or discard your helmet, jacket, or other gear. Do not have your motorcycle repaired or moved to a facility that may dispose of it without your knowledge. Your damaged gear and motorcycle are physical evidence of the force of the impact and the injuries you sustained. An attorney may need an expert to inspect them.

If the other driver’s insurance company contacts you, do not give a recorded statement. Adjusters are trained to ask questions designed to get you to minimize your injuries, admit partial fault, or say something that contradicts your medical records. Politely decline and tell them your attorney will be in touch.

Speak with an attorney before accepting any settlement offer or signing anything. Motorcycle accident claims involve unique challenges — including anti-rider bias from insurance adjusters and juries — that require an attorney who understands how to counter them. The consultation is free, and you pay nothing unless we win.

Insurance adjusters and juries sometimes hold preconceived notions that motorcyclists ride recklessly or assume extra risk by being on a motorcycle at all. This bias can affect how fault is assigned and how much compensation is offered. An experienced motorcycle accident attorney knows how to counter this narrative with evidence, witness testimony, and accident reconstruction when necessary.

Without the structural protection of a vehicle, motorcyclists absorb the full force of a collision. Common injuries include traumatic brain injuries, spinal cord damage, broken bones, internal organ damage, and severe road rash. These injuries often require long-term medical treatment, rehabilitation, and in some cases permanent care. Your damages must account for future costs, not just immediate bills.

Louisiana requires all motorcycle riders to wear a helmet. If you were not wearing a helmet at the time of the crash, the insurance company will argue that your head injuries were caused or worsened by your own failure to comply with the law. This does not eliminate your right to recover, but it can reduce your damages under Louisiana’s comparative fault rules. An attorney can help minimize the impact of this argument.

Unlike some states, Louisiana does not permit lane splitting — the practice of riding between lanes of slow or stopped traffic. If you were lane splitting at the time of the crash, expect the other driver’s insurer to use it to assign partial fault to you. How much this affects your recovery depends on the specific facts of the accident.

In Louisiana, you generally have two years from the date of your accident to file a personal injury lawsuit. Missing this deadline means losing your right to recover compensation. If your claim involves a government entity — such as a municipality responsible for a road defect that contributed to the crash — the deadline may be as short as 90 days.

Louisiana follows pure comparative fault. Even if you were partially at fault for the accident — for example, if you were speeding — you can still recover damages. Your award is reduced by your percentage of fault. Insurance companies routinely try to inflate the rider’s share of fault to reduce what they pay. An attorney fights to keep that number as low as the evidence supports.

Louisiana requires all motorcycle operators and passengers to wear a helmet that meets DOT standards. Failure to wear a helmet does not bar your recovery, but it gives the insurance company grounds to argue your head and brain injuries were worsened by your own conduct. Documenting that you were wearing a helmet at the time of the crash is important.

Louisiana’s direct action statute allows you to sue the at-fault driver’s insurance company directly, not just the driver. This can streamline the process of pursuing compensation and ensures you are dealing with the party that controls the settlement funds.

“I didn’t see you” is not a legal defense. Drivers have a duty to observe the road and share it with all users, including motorcyclists. Failure to see a motorcycle that was lawfully operating is itself negligence. Witness accounts, traffic camera footage, skid marks, and accident reconstruction can all establish what actually happened regardless of what the other driver claims.

Yes, but it complicates your claim. Louisiana’s helmet law means the insurer will argue your head or brain injuries were worsened by your own failure to wear protective gear. Under pure comparative fault, this could reduce your recovery for those specific injuries. It does not eliminate your right to recover for other injuries, lost wages, or property damage. An attorney can help limit the impact on your overall claim.

You can still recover compensation. Louisiana’s pure comparative fault rule allows you to recover even if you share some responsibility. Your damages are reduced by your percentage of fault — so if you were 15% at fault and your damages total $200,000, you recover $170,000. The insurer will try to assign you as much fault as possible. An attorney protects against that.

Generally two years from the date of the accident. If a government entity is involved — for example, if a poorly maintained road contributed to the crash — the deadline may be as short as 90 days. Do not wait to speak with an attorney.

You may be entitled to economic damages — medical bills, future medical expenses, lost wages, reduced earning capacity, motorcycle repairs or replacement, and gear replacement — and non-economic damages including pain and suffering, emotional distress, disfigurement, and loss of enjoyment of life. In cases involving gross negligence, punitive damages may also be available.

Even crashes that seem minor at first can result in injuries that take days or weeks to fully manifest — especially head injuries and soft tissue damage. Before you accept any settlement or sign a release, speak with an attorney. Once you sign, you cannot go back and ask for more. A free consultation costs you nothing and ensures you understand what your claim may actually be worth.

Nothing upfront. Mansfield Melancon handles motorcycle accident cases on a contingency fee basis — you pay nothing unless we recover compensation for you. If we win your case or reach a settlement, you pay an agreed percentage of the recovery. If we do not win, you owe us nothing.