Motorcycle riders love to hit the road in New Orleans and across Louisiana. Yet, riding a motorcycle is more dangerous than traveling in a car, and accidents are common. If you’ve been severely injured in a motorcycle accident, stress, fear, and uncertainty about the future can be overwhelming. These feelings are entirely understandable in motorcycle accident cases. 

When another person’s negligence causes your injuries, you can turn to our experienced motorcycle accident attorneys at Desiah Law Firm. Our attorneys will fight for fair compensation for your medical bills, lost earnings, and pain and suffering. Below, learn how a New Orleans motorcycle accident attorney can assist you, then call (866) 733-0604 if you have follow-up questions. 

Crashed motorcycle

About Motorcycle Accidents in New Orleans

New Orleans is a historic and bustling city with high traffic volumes, complex road layouts, and sometimes confusing signage. These factors contribute to the many traffic accidents in the city daily. Many motorcyclists across Louisiana are injured or killed in these tragic accidents annually. Last year, approximately 2,000 motorcyclists in Louisiana were injured and 80 killed. Most motorcycle accidents in the state occurred for these reasons: 

  • Left-hand turns: Drivers turning left without seeing the oncoming motorcyclist cause approximately 40% of all motorcyclist accidents nationally. 
  • DUI: About 50% of all motorcycle accidents involve alcohol by either the motorcyclist or other driver. 
  • Reckless driving: Car drivers may speed, tailgate, merge improperly, or otherwise engage in reckless driving, which is especially dangerous for exposed motorcyclists. 
  • Rush-hour traffic: Heaver traffic leads to more motorcycle accidents. You can reduce your chances of a motorcycle accident by not riding between 3 and 6 PM during weekdays. 

Some of the most hazardous intersections for all drivers, including motorcyclists, are: 

  • Canal Street and Claiborne Avenue
  • Palmetto Street and Carrollton Avenue
  • St. Claude Avenue and Elysian Fields Avenue 
  • Napoleon Avenue and Magazine Street
  • Jackson Avenue and St. Charles Avenue

If you were in a motorcycle accident in one of these areas, get immediate medical attention and speak to a motorcycle accident lawyer in New Orleans immediately. These incidents often have serious motorcycle accident injuries, such as head trauma, broken bones, spine and spinal cord injuries, crush injuries, burns, severe lacerations, etc. You will need ample compensation to receive the care and justice you deserve for medical treatment and much more. 

Motorcycle Accident Claims and Lawsuit Process

After a motorcycle accident caused by another person, there are several essential steps to take with your case. First, you must report the motorcycle accident to your insurance company. Most insurance companies require you to report all accidents promptly, such as 30 days. 

Second, if the other driver was at fault, you may be contacted by their insurance company. You can file a claim through the at-fault driver’s insurance, but it is usually best to let your attorney handle those discussions. The other insurance company will likely try to get you to say something that damages your case. Your attorney or auto insurance company can negotiate with the other insurance company to settle your injuries and other losses. 

Third, if settlement negotiations for the car accident are unsuccessful and there is no financial settlement, you may need to file a lawsuit. Your New Orleans motorcycle accident lawyer will ensure the case is filed in the correct court and begin the discovery process. This is where each side asks the other questions and exchanges information about the case. Settlement discussions may continue during the discovery process. If settlement negotiations don’t work, the case will go to trial and be heard by a jury. 

Most motorcycle accident claims result in an insurance settlement. That being said, if the insurance company doesn’t offer enough money for your losses, your attorney may recommend a trial. 

Insurance Company Negotiations After a Motorcycle Accident 

Insurance negotiations after a motorcycle accident can be complex and challenging. Assuming the other driver caused the crash, their insurer will look for reasons to deny or reduce the value of your claim. Fortunately, an experienced motorcycle accident attorney from Desiah Law Firm will be familiar with their tactics and will negotiate aggressively for the most money for you and your loved ones. 

A common challenge with motorcycle accident insurance negotiations is what is known as ‘motorcyclist bias.’ Some insurance companies and juries may be biased against motorcyclists because a motorcyclist naturally takes more risks than other motorists. This is rarely the case. Your attorney will point to the case evidence to show that the defendant was at fault and should compensate you fairly for your losses. 

Some motorcyclists may be tempted to negotiate their own settlement with the insurance company. This is generally unwise. First, most accident victims don’t understand the total value of their claims. You may think you are only eligible to cover your medical bills, but you are probably entitled to much more. Second, the insurer usually does not take accident victims as seriously when they try to negotiate their own settlements. Most motorcycle accident victims have severe injuries and should have an experienced attorney handle insurance company negotiations. 

How to Prove Fault in Motorcycle Accident Claims

In personal injury law, the injured party must prove another person injures them so they can receive compensation for their losses. Determining who was at fault in the motorcycle accident case is critical. Louisiana is a fault state, meaning the responsible driver must pay for the injured person’s damages. There are several factors involved in proving fault in any motor vehicle accident: 

  • The driver owed the motorcyclist a duty of care to drive safely and not injure them. 
  • The driver violated their duty of care. For example, if a car driver turned left in front of your bike and you slammed into their car door, they breached their duty of care. 
  • The motorcyclist was injured in the accident because of the breach. 
  • The motorcyclist has damages that can be compensated for in a claim or lawsuit. 

Proving these elements will be a significant focus of your motorcycle accident lawyer. If they prove the other party caused the accident, they will be liable for your damages, such as medical bills in past and future, lost current and future earnings, pain and suffering, mental anguish, and more. 

Why Hire a New Orleans Motorcycle Accident Attorney 

The rapid growth of New Orleans’ population and significant highways have created more crowded and dangerous roadways. Riding a motorcycle in the city is more hazardous than ever, and if another driver’s actions injure you, you should strongly consider hiring a motorcycle crash attorney at Desiah Law Firm to fight for your rights. Here’s why: 

Motorcycle accidents usually involve serious, expensive injuries

Few riders emerge unscathed after going down on their bike. The Insurance Institute for Highway Safety states that motorcycle riders are 28 times more likely than other motorists to die in a crash. Even if you survive, you may have debilitating injuries that are impossible to treat properly without compensation from a settlement or lawsuit. 

Photo of Motorcycle Accident Scene

Building a robust case against the negligent party is difficult

Even if a driver turned left in front of your motorcycle and caused the accident, you need an attorney to build your case from the ground up. The other party’s insurance company will likely contest the claim. It may even argue that you took unnecessary risks on your motorcycle and contributed to the accident. You need an experienced attorney to prove the defendant violated their duty of care and injured you. 

Insurance providers are in business for profit

The defendant’s insurance company will likely attempt to settle your case for less than you deserve. You should have an experienced motorcycle accident lawyer negotiate with the insurance company and demand fair compensation. 

Motorcycle crashes often have a high case value

All personal injury claims differ, but the nature of motorcycle accidents means your case could be worth more than many. This means a lot of money could be on the line, and the more at stake, the harder the insurance company will fight. Your lawyer will fight hard for the most money for medical bills, lost earnings, pain and suffering, and more. 

You can focus on recovery

Hiring a motorcycle accident attorney allows you to remove a huge burden from your shoulders and focus on healing. Your attorney will handle all the legal issues, documentation requests, and insurance negotiations. 

After a motorcycle crash that was no fault of your own, you should have an experienced attorney review the case. The initial consultation is free, and if your case has merit, you will pay no upfront legal fees. Plus, you only pay legal fees if your motorcycle crash lawyer obtains compensation for you in a claim or lawsuit. There’s nothing to lose. 

Contact a New Orleans Motorcycle Accident Attorney Today 

Most motorcycle accident victims have serious injuries, lost earnings, and tremendous pain and suffering. If another driver caused your motorcycle accident, you should retain a personal injury attorney to fight for your rights and fair compensation. The Louisiana motorcycle accident lawyer at Desiah Law Firm has assisted a diverse client base of personal injury clients in state and federal courts and has excellent client testimonials attesting to their legal skills and experience. 

Lead attorney Travis Desiah has represented severely injured motorcycle accident victims and helped them recover compensation for their losses. Speak to an experienced motorbike accident lawyer in New Orleans in a free consultation today at (866) 733-0604.