New Orleans Motorcycle Accident Lawyer

Motorcycle riders in New Orleans face unique risks every time they take to the road. From congested intersections in the French Quarter to speeding drivers on I-10, bikers run the risk of serious injury or worse if a larger vehicle collides with them.

If you’ve suffered injuries or lost a loved one in a motorcycle accident caused by someone else’s careless or reckless actions, a New Orleans motorcycle accident lawyer from Smiley Law Firm understands the difficulties you’re going through. You deserve someone who will fight for your right to fair compensation and treat you with the compassion you need during this time. Our New Orleans motorcycle accident attorneys are ready to help you hold the responsible party accountable. Contact us today for a free case evaluation.

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How Motorcycle Accidents Occur
Louisiana Motorcycle Statistics
Common Motorcycle Accident Injuries
Proving Negligence Against the Liable Party
Addressing Potential Defenses
Increasing Your Motorcycle Collision Settlement
The Types of Compensation We Can Help You Receive
Dealing with the Reckless Motorcyclist Stereotype
Dealing with the Insurance Company
New Orleans Motorcycle Accident FAQ
Contact Our New Orleans Motorcycle Accident Lawyer Today

How Motorcycle Accidents Occur

Motorcycle accidents happen for a variety of reasons, often stemming from the negligence of other drivers or hazardous road conditions. Some of the most common causes include:

Distracted Driving: Drivers texting, talking on the phone, eating, or engaging in other distractions often fail to notice motorcyclists on the road.
Failure to Yield: Many accidents happen at intersections when drivers fail to yield the right of way to motorcycles, particularly during left turns.
Speeding: Excessive speed reduces a driver’s reaction time and increases the severity of collisions. High-speed areas like the Crescent City Connection are hotspots for accidents.
Impaired Driving: Drivers under the influence of alcohol or drugs pose a significant danger to motorcyclists, as their judgment and reaction times are impaired.
Lane Changes Without Checking Blind Spots: Motorcycles are smaller than cars, making them harder to spot in a driver’s blind spot. Sudden lane changes can lead to dangerous side-swipe accidents.
Tailgating: Following too closely doesn’t give drivers enough time to stop if the motorcyclist slows down or stops unexpectedly, often leading to rear-end collisions.
Dooring Accidents: In areas like the French Quarter, parked car doors suddenly opened into a motorcyclist’s path can result in serious crashes.
Hazardous Road Conditions: Potholes, loose gravel, debris, uneven pavement, and poorly marked construction zones are especially dangerous for motorcycles.
Weather Conditions: Rain or fog can reduce visibility and create slippery roads, increasing the likelihood of a crash.
Left-Turning Vehicles: One of the most common causes of motorcycle accidents is a car turning left across the path of an oncoming motorcycle, often because the driver fails to accurately judge the motorcycle’s speed and distance.

By addressing these specific causes, our attorneys work to identify liability and build a strong case to secure fair compensation for your injuries and losses.

Louisiana Motorcycle Statistics

Louisiana has seen its share of motorcycle accidents in recent years, with New Orleans being one of the most heavily impacted cities. Statewide data shows that motorcycle riders are disproportionately involved in fatal and severe accidents compared to car drivers. According to recent reports from the Louisiana Highway Safety Commission (LHSC):

1,229 injury crashes involving motorcycles occurred on Louisiana roads during a recent year.
97 bikers died due to their motorcycle accident injuries.
Nationwide, motorcyclists are 22 times more likely to die in a collision than occupants of passenger vehicles.

The high traffic density, combined with driver inattention and road hazards in New Orleans, creates an environment where motorcyclists are particularly vulnerable. These statistics highlight the dangers bikers face on the road and emphasize the importance of having quality legal representation when preventable crashes occur.

Common Motorcycle Accident Injuries

Motorcycle accidents often result in severe injuries due to the lack of physical protection for riders. Unlike cars, motorcycles don’t have seat belts, airbags, or a protective frame, leaving riders exposed to significant harm. Below are some of the most common injuries motorcyclists experience:

Traumatic Brain Injuries (TBIs): Helmets can help reduce the severity of injuries, but bikers can still suffer head injuries during a collision even with a helmet. TBIs can range from mild concussions to severe brain damage, potentially causing memory loss, cognitive issues, and long-term disability.
Spinal Cord Injuries: Injuries to the spinal cord can lead to partial or complete paralysis, affecting mobility and independence. These injuries often require lifelong medical care and rehabilitation.
Fractures and Broken Bones: The impact of a crash often causes fractures in the arms, legs, ribs, or pelvis. Wrist and collarbone fractures are also common as riders instinctively try to break their fall.
Road Rash: Sliding along the pavement can cause severe abrasions and skin injuries. In severe cases, road rash can lead to infections, permanent scarring, and the need for skin grafts.
Internal Injuries: The force of a crash can damage internal organs or cause internal bleeding. These injuries may not be immediately visible but can be life-threatening if untreated.
Limb Amputations: In severe collisions, limbs may be crushed or damaged beyond repair, leading to surgical amputation. This can profoundly impact a rider’s quality of life and ability to perform daily tasks.
Facial and Dental Injuries: Accidents can result in disfigurement, broken jaws, and damaged teeth, requiring reconstructive surgery and extensive dental care.
Burns: In crashes where the motorcycle catches fire, riders may suffer serious burns, which can lead to permanent scarring, nerve damage, and lengthy recovery periods.
Soft Tissue Injuries: Torn ligaments, tendons, and muscles are common in motorcycle accidents, often requiring physical therapy or surgery to regain strength and mobility.
Psychological Injuries: Beyond physical harm, many motorcyclists experience emotional trauma, including anxiety, depression, and post-traumatic stress disorder (PTSD), following an accident.

Each of these injuries comes with unique challenges, from physical recovery to the financial strain of medical bills and lost income. Our attorneys work to ensure that you receive fair compensation to address the full impact of your injuries and help you move forward.

Proving Negligence Against the Liable Party

To hold the at-fault party responsible for your motorcycle accident, you must work with an attorney to establish negligence. Proving negligence involves demonstrating that the other party failed to uphold their duty of care on the road, leading to the accident and your injuries. Our personal injury lawyers build strong cases by thoroughly investigating the circumstances of the crash and collecting critical evidence to support your claim.

Police Reports: Official reports often contain crucial details about the accident, including who was cited or deemed responsible at the scene.
Eyewitness Testimony: Statements from people who saw the accident can provide valuable perspectives on how the crash happened.
Surveillance and Traffic Camera Footage: Cameras near intersections or along major roads like St. Charles Avenue or Canal Street can capture the moment of impact or the events leading up to it.
Accident Reconstruction: Experts can analyze the crash scene, vehicle damage, and skid marks to recreate how the collision occurred.
Medical Records: Documentation of your injuries helps link them directly to the accident.
Photos and Videos: Pictures of the accident scene, your motorcycle, and your injuries provide visual evidence of the crash’s impact.

Addressing Potential Defenses

Insurance companies and the at-fault party may try to shift blame onto you to reduce or deny your claim. For instance, they might argue that you were speeding or riding unsafely. Our lawyers work to counter these tactics by presenting clear evidence of the other party’s negligence and challenging unfounded claims.

Increasing Your Motorcycle Collision Settlement

Even if they are unable to deny your claim outright, insurance companies often try to undervalue motorcycle accident claims. There are steps you can take, however, to strengthen your case.

Document your injuries
Attend all medical appointments
Keep detailed records of expenses
Work closely with your attorney

The motorcycle accident lawyers at Smiley Law Firm work to present a compelling case to maximize your compensation. When necessary, we’re prepared to push back against lowball offers and bring the matter to court.

The Types of Compensation We Can Help You Receive

Motorcycle accidents can leave you dealing with more than just physical pain. The financial and emotional burdens add up quickly. At Smiley Law Firm, we help clients seek compensation for:

Medical bills: Both past and future treatment costs, including surgeries, therapy, and medications
Lost income: Compensation for missed work and reduced earning capacity
Property damage: Repairs or replacement of your motorcycle
Pain and suffering: The toll on your mental health and quality of life
Wrongful death: For families who lost a loved one, damages may include funeral costs and the loss of companionship

Every case is unique, and we tailor our approach to ensure you receive what you’re owed.

Dealing with the Reckless Motorcyclist Stereotype

One of the biggest obstacles motorcyclists face is the unfair assumption that they are reckless by nature. This stereotype often leads insurance companies and juries to place undue blame on the rider. At Smiley Law Firm, we counteract this bias by presenting clear evidence and humanizing your story. Your actions as a rider should not be overshadowed by prejudices that have no place in the legal process.

Dealing with the Insurance Company

Insurance companies often prioritize their bottom line over your recovery. Adjusters may downplay your injuries or pressure you into accepting a quick, low settlement. At Smiley Law Firm, we handle all communication with the insurance company, so you don’t have to. If an insurer refuses to offer fair compensation, we’ll pursue the legal avenues necessary to hold them accountable.

New Orleans Motorcycle Accident FAQ

Is there a time limit on filing my motorcycle accident claim in New Orleans?

Yes, Louisiana law sets a one-year statute of limitations for filing personal injury claims. This means if you fail to have a lawyer file your claim within one year of the accident date, you lose your right to compensation. That’s why you must act now. Also, acting quickly ensures your attorney has time to collect evidence and witness accounts.

What if I wasn’t wearing a helmet during my motorcycle accident?

Louisiana law requires all motorcyclists to wear helmets. However, not wearing one doesn’t automatically prevent you from recovering compensation. The at-fault party can still be held responsible for injuries especially those unrelated to head trauma.

What if I was partially at fault for causing my motorcycle accident?

Louisiana follows a comparative fault system, meaning you can still recover compensation even if you were partially to blame. Your total award will be reduced by the percentage of fault assigned to you. For example, if you’re 20% at fault, your recovery will be reduced by 20%.

Will I have to go to court?

Many motorcycle accident cases settle out of court. However, if the responsible party or their insurer refuses to offer a fair settlement, filing a lawsuit may be necessary. Smiley Law Firm is prepared to represent your interests in court if that’s what it takes to secure just compensation.

What if the at-fault driver didn’t have insurance or fled the scene?

If the driver who caused your accident is uninsured or can’t be located, you may still recover damages through your uninsured/underinsured motorist coverage. Our firm can help you explore all available options to ensure you’re not left footing the bill for someone else’s negligence.

Seth Smiley – New Orleans Motorcycle Accident Attorney

Contact Our New Orleans Motorcycle Accident Lawyer Today

If you’ve been injured in a motorcycle accident in New Orleans, you don’t have to face the aftermath alone. Smiley Law Firm is here to provide the guidance, support, and advocacy you need to move forward. We understand what you’re going through, and we’re committed to helping you secure the compensation you deserve.

Call Smiley Law Firm today at (504) 822-2222 to schedule your free case evaluation. Let us help you take the next step toward justice and peace of mind.