Lamothe Motorcycle Accident Attorney

New Orleans Motorcycle Accident Attorneys

New Orleans Motorcycle Accident Attorneys

Crashes, collisions, and roadway mishaps are an unfortunate aspect of modern transportation. Motor vehicle accidents often result in property damage, loss, injury, and sometimes death. But when it comes to motorcycles, the likelihood of sustaining a serious, life-altering injury increases dramatically.

At Lamothe Law Firm, we understand these statistics acutely because we aren’t just lawyers looking in from the outside. Some of us are motorcyclists, too. 

Frank Lamothe, Julien Lamothe, and Richard Martin have been riding for years. With a competition-level membership in the American Motorcyclist Association, Frank has spent time on the Enduro dirt racing circuit tracks and collected placement medals in regional and national racing competitions. He enjoys long-distance riding, too, and has traveled through Canada and Nova Scotia, with many trips to North Carolina to ride the infamous “Tail of the Dragon” mountain roads. 

Frank’s passion and experience for riding give him a unique perspective on motorcycle safety standards. Armed with a deep understanding of motorcycle physics and dynamics, he has a keen eye for determining an accident’s cause and is passionate about protecting his fellow riders from harm. 

If you’ve been in a motorcycle accident, here’s what you need to know about recouping some of those losses in Louisiana and what the Lamothe team can do to help you get back on the road as soon as possible. 

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Louisiana Motorcycle Accident Statistics

Motorcycles are an efficient, economical mode of transportation. These small, compact vehicles pack a punch, easily beating congested commuter traffic and saving motorists countless commuting hours and thousands of dollars in gas each year. However, they’re also dangerous. 

According to the Louisiana Highway Safety Commission, in 2022 alone, there were 1,537 motorcycle crashes in Louisiana. Ninety-one of those accidents were fatal. 

These statistics follow national trends, where motorcyclists are overrepresented—not just in roadway crashes—but in severe injuries and fatalities, too. According to national reports, motorcyclists are 22 times more likely to die of accident-related injuries than passengers in a car.

Motorcycle Accidents Happen Because People Aren’t Paying Attention

Motorcycles are small and compact, which offers drivers many great benefits. However, their petite size also puts them at a distinct disadvantage on busy roadways, where the vast majority of motorcycle accidents happen because the driver of a car or truck simply didn’t see them. 

Here are some of the most common scenarios: 

  • Left-turning motorists who turn directly into the path of a safely-operating oncoming motorcyclist. 
  • Motorists who exit a side street without ensuring the way is clear and pull into an oncoming motorcyclist. 
  • Drivers who follow motorcyclists too closely and strike them from the rear. 
  • Poorly maintained roadways with unexpected potholes and other unsafe motorcycle conditions. 
  • Roadways with design defects that contribute to motorcyclist injuries. 

This list is inconclusive, and motorcyclists aren’t immune from fault. Sometimes, they are partially—or even entirely—to blame for their own injuries. Other times, a negligent motorcycle driver may injure the passenger riding with them.  

Motorcycle Accidents Aren’t Pretty

Motorcyclists are incredibly exposed. This means when an accident happens, it can easily lead to severe harm and physical injury, such as:  

  • Spinal cord damage. 
  • Head injury. 
  • Whiplash.
  • Traumatic brain injury. 
  • Fractures and broken bones.  
  • Internal bleeding. 
  • Road rash. 

 

  • Amputation. 
  • Burns and lacerations.
  • Biker’s arm. 
  • Facial trauma. 
  • Eye damage. 
  • Internal bleeding. 

It’s rare for a motorcyclist to walk away from an accident unscathed. Even if the physical harm is relatively minor, emotional and psychological scars can last a long time and significantly alter a person’s life. You may be entitled to compensation for these injuries, depending on the circumstances.  

Who’s Responsible for Paying the Bills?

Sometimes, accidents happen, and no one is at fault. However, many are tragic results of human error or oversight. These accidents leave victims burdened by unexpected pain, financial hardship, and mental strain. 

The good news is that if your accident was caused by someone else’s mistake, you may be able to recoup your losses from the responsible party. 

In Louisiana, motorcycle accident injuries fall under personal injury law. These rules handle situations where Person A is injured because of Person B’s mistake or negligence. However, for A to recoup losses from B, they must first prove that B was at fault. 

An individual is at fault—and thus, liable for damages—when these elements are met: 

  • Duty of Care. Person B owed Person A a duty of care. In other words, B was responsible for acting in a certain way to keep A (and other individuals) safe. For drivers, this might mean following all traffic laws and observing safe driving habits. For those in charge of maintaining highways and roads, this might mean maintaining safe road conditions.
  • Breach of Duty. Person B did not uphold their duty of care to Person A. Whether unsafe driving, failure to observe traffic laws, or letting a road go unpaved and under code, B did not act as they were supposed to. This error can either be willful (purposefully running a red light) or accidental (forgetting to check both ways before pulling into an intersection). Either way, B breached their duty to A. 
  • Causation. Person B’s breach of duty directly caused harm to Person A. The existence of injuries alone is not enough. Causation is only satisfied if A can demonstrate a clear link between B’s breach and their injuries. Outside elements (such as fog, other weather conditions, or even the actions of a third driver, Person C) could shift some of this blame off Person B and onto C or even A. 
  • Actual Damages. Person A must show they suffered actual damages. Actual damages (or compensatory damages) are tangible losses that can be proved through bills, medical documents, and expert opinion. This harm is quantifiable and is generally categorized as either economic (medical expenses, lost wages, etc.) or non-economic (pain and suffering, emotional distress, etc.). 

If all of these elements are met, then Person B is probably liable to Person A for covering their losses. If multiple parties are to blame, the responsible parties will split the cost of damages according to their percentage of fault. 

But what are damages, exactly? And how are these amounts calculated in Louisiana?

Motorcycle Accidents Damages in Louisiana

If you were injured in a Louisiana motorcycle accident—and it was someone else’s fault—then you may be entitled to damages from the responsible party. “Damages” refers to the money a defendant must pay an injured party. This money is designed to hold a defendant accountable for the harm they caused and also make things right with the injured person.

Motorcycle accident damages are calculated based on the facts of the case and who was at fault. As a result, it’s impossible to predict just how much you’ll get for your injuries—or from whom—without talking to an experienced New Orleans motorcycle accident attorney. 

In Louisiana, damages generally fall into three categories: economic, non-economic, and punitive. These expenses cover current loss and any past, current, or future harm stemming from your accident. Here’s a closer look.  

Economic Motorcycle Accident Damages

Economic damages are the monetary losses related to your accident injuries. They are financially tangible, easy to quantify, and include things like: 

  • Hospital bills and surgeries. 
  • Outpatient care and doctor visits.
  • Physical therapy. 
  • Prescription medication.
  • X-rays, MRIs, blood tests, and other diagnostic tests. 
  • Lost wages, bonuses, commissions, and overtime. 
  • The loss of future income. 
  • Reduced earning capacity. 
  • Long-term disability.
  • Vehicle repairs and other property damage. 
  • Transportation costs. 
  • Home modifications. 
  • Assistance services and medical equipment.
  • Home modifications. 
  • Other out-of-pocket expenses. 
  • Legal fees.

Economic damages are easier to calculate because they typically come with a receipt, bill, or estimate. As long as you have the proper documentation, these damages are generally pretty straightforward, which is why it’s so important to keep detailed records of your accident.

Non-economic Motorcycle Accident Damages

Unlike economic damages, non-economic damages are more difficult to quantify financially. This is because they address the abstract losses and intangible impacts of an injury on a person’s life and well-being. 

Here are some common examples of non-economic damages:

  • Physical pain stemming from the injury. 
  • Emotional distress and psychological suffering. 
  • Anxiety, depression, fears, and other mental anguish. 
  • Loss of enjoyment of life, including activities, experiences, and hobbies that are no longer feasible. 
  • Loss of companionship, affection, and support from friends and family members. 
  • The loss of intimacy from a spouse or partner. 
  • The physical and emotional strain on the marital relationship due to the injury.  
  • Emotional impact of disfigurement and changes in appearance, such as scars and amputations.  
  • Damage to reputation and social standing. 

Bills and receipts can’t measure these damages. Calculating them requires a subjective assessment of documentation from before and after the injury, along with a compelling presentation of how the injury affected their life as a whole. A skilled motorcycle accident attorney can help you paint that picture and fight for your right to the best possible outcome. 

Punitive Motorcycle Accident Damages

Punitive damages are not awarded in every case. Unlike economic and non-economic compensation, these damages go beyond the victim’s suffering and are designed to punish the wrongdoer for particularly egregious or malicious behavior. 

In a motorcycle accident case, punitive damages might be appropriate in these situations: 

  • Reckless driving. 
  • Excessive speeding. 
  • Driving under the influence. 
  • Driving that shows a blatant disregard for life. 
  • Driving in a way that disregards the safety of others on the road. 
  • Hit-and-run accidents. 
  • Acts intended to cause harm. 
  • Malicious or targeted driving, such as extreme road rage.

The goal of punitive damages is to punish the wrongdoer and deter others from repeating similar behavior. If you’re wondering whether punitive damages relate to your situation, talk to an experienced personal injury attorney today. 

Wrongful Death Motorcycle Accident Damages

Motorcycle accident injuries aren’t pretty, and sometimes, these accidents lead to catastrophic injuries or even death. 

If a close family member was killed in a motorcycle accident, you may want to speak with an experienced Louisiana attorney today about wrongful death. Wrongful death claims compensate a victim’s next of kin for the economic and non-economic losses associated with their death. This compensation covers things like: 

  • Funeral and burial costs. 
  • Medical costs leading up to death. 
  • Loss of income. 
  • Loss of economic benefits.
  • Emotional harm. 
  • Pain and suffering. 
  • Loss of companionship.  
  • Loss of guidance, especially if a child has lost that vital parental support. 

In Louisiana, the statute of limitations for filing a wrongful death claim is typically one year from the time of death, so it’s important not to wait. While money can’t bring back your loved one, it can make the grieving process easier and soften the financial burdens associated with this incredible loss.  

What To Do if You Were Injured in a Motorcycle Accident

Accidents are stressful, overwhelming, and chaotic. If you were injured in a motorcycle accident, here are some important next steps: 

  • Step 1: Seek Medical Attention. Even if your injuries seem minor, seek proper medical attention right away. Not only is this important for your long-term health, but these medical visits also establish a vital record for arguing damages. 
  • Step 2: Document Everything. If possible, take photos of the scene, vehicle damages, road conditions, and any visible injuries. Collect witness information and statements, and request a copy of your police report.
  • Step 3: Notify Your Insurance Company. Inform your motorcycle insurance provider about the accident and your injuries. Be careful not to admit fault; stick to the facts and avoid embellishment. 
  • Step 4: Consult a Personal Injury Attorney. Find an attorney who specializes in motorcycle accidents and who can advise you on the best course of action. 
  • Step 5: Start a Record. Keep all medical records, bills, and receipts. Include employment records, lost wages, and any out-of-pocket expenses related to your injuries. Photos and videos can also be helpful when proving non-economic losses. 
  • Step 6: File a Claim or Lawsuit. Your attorney may negotiate a settlement with the at-fault party’s insurance company. Remember that you may need to file a lawsuit if a fair settlement can’t be reached. 

While this process might sound daunting, the good news is you don’t have to do it alone. The right attorney can ease this stress and guide you around common legal pitfalls, helping you get back on the road as soon as possible. 

Why Hire Us

At Lamothe Law, Our Attorneys Are Motorcyclists, Too

At Lamothe Law Firm, we don’t just defend motorcyclists or pose for promotional photos. Many of us are motorcyclists. This means protecting your rights isn’t just about business but something we care about deeply on a personal level. 

If you were in a motorcycle accident and are wondering how to cope with new injuries and financial burdens, we want to hear from you. Contact Lamothe Law Firm today for a free consultation. Our team of experienced motorcycle accident attorneys can help you hold the right parties accountable and get you the compensation you deserve. 

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