Partner at AKD Lawyers
Practice Areas: Personal Injury
According to the Louisiana Department of Transportation, motorcycle crashes account for over 10% of traffic fatalities statewide, despite motorcycles representing a small percentage of vehicles on the road. The risks are high for motorcycle riders in Louisiana. Unfortunately, what happens after the crash can be just as critical as the accident itself.
If you’re involved in a Louisiana motorcycle accident, avoiding common mistakes can make the difference between a successful claim and a denied one. Many riders, especially in New Orleans, unintentionally harm their legal cases by taking the wrong steps in the hours, days, and weeks that follow. Examples include admitting fault, skipping medical treatment, or speaking to insurance adjusters without legal advice.
This blog will walk you through those avoidable errors, explain how Louisiana laws work (like the state’s comparative fault system and one-year claim deadline), and help you take the proper steps after a crash. If you’re a motorcyclist in Louisiana or know someone who rides, this guide can help you stay protected.
Mistakes to avoid in the aftermath of your Louisiana motorcycle wreck include:
Not Seeking Immediate Medical Attention
Your adrenaline may be high after a motorcycle crash. This can affect your perception of injuries.
You might feel fine at first. That doesn’t mean you haven’t been injured. Many riders skip going to the doctor because they think they’re “okay” and want to avoid the hassle. This is a mistake that can jeopardize a future claim.
Some injuries, like concussions or internal bleeding, may not show symptoms immediately. Waiting too long to get checked can impact your recovery and the outcome of your legal case. Insurance companies may argue that your injuries weren’t serious or weren’t caused by the accident if there’s no medical evidence clearly linking the accident and your injuries.
Medical records are a crucial part of proving your claim. They help link the accident to your injuries and show that you took your health seriously.
Failing to Document the Accident Scene
The scene of a motorcycle crash holds valuable evidence. Failing to document it can create serious gaps in your claim. After an accident, photograph your bike, the other vehicle, road conditions, traffic signs, and any visible injuries. Ask someone nearby to do so if you’re unable to do so yourself. Naturally, ask them to share the photos with you promptly.
Witness information is also essential. Names, phone numbers, and a quick summary of what they saw can help support your version of events.
Police reports play a significant role in these cases. They offer an objective summary and often include fault assessment, which can influence how insurers handle your claim.
Even if you are partially at fault in a motorcycle crash, Louisiana’s comparative fault system allows you to recover damages, reduced by your percentage of fault. —La. Civ. Code Art. 2323
Admitting Fault at the Scene
It’s human nature to want to apologize after a scary event. But in the aftermath of a motorcycle accident, saying “I’m sorry” or admitting fault—even casually—can seriously damage your case.
In Louisiana, the law follows a comparative fault system. This means if you’re found partially responsible for the crash, your compensation may be reduced by that percentage. For example, if you’re found 30% at fault, you can only receive 70% of your total damages.
Let law enforcement, investigators, and your lawyer handle the fault determination. Even a well-meaning comment can be twisted later. On the other hand, it’s also important not to confront the other driver in anger, even if you’re sure they caused the accident. Doing so can escalate the situation.
Not Contacting a Motorcycle Accident Attorney
One of the biggest mistakes riders make is thinking they can handle the aftermath of an accident on their own. Maybe you think the crash was minor, or you trust the other driver’s insurance company to be fair. That’s risky.
An experienced motorcycle accident attorney understands how to gather evidence, deal with insurers, and apply Louisiana laws to your advantage. They can help prevent early missteps that weaken your case.
Statements made to insurance adjusters—even casually—can be used to dispute your claim later. Always seek legal advice first.
Local knowledge also plays a significant role in New Orleans. Road conditions, traffic patterns, and even court preferences can impact how a case is handled.
Talking to Insurance Adjusters Without Legal Advice
Insurance adjusters may seem cooperative when discussing your case. It’s important to remember their goal is to minimize payouts, not protect you. Many riders make the mistake of giving recorded statements or accepting lowball offers too soon.
Once you settle or say something damaging, it’s often irreversible.
Watch out for these tactics:
- Confusing or leading questions
- Quick cash offers to avoid bigger payouts
- Twisting your words to downplay injuries
Always speak to a Louisiana motorcycle accident lawyer before talking to any insurer.
Delaying the Claims Process
Time is critical after a motorcycle accident. Louisiana gives you only one year from the date of the crash to file a personal injury claim.
Delays may cost you:
- Deleted surveillance footage
- Fading witness memories
- Lost or degraded physical evidence
Don’t wait. Start building your case as soon as possible.
Common Mistakes and Their Consequences
|
Mistake |
Why It’s Harmful |
Legal Impact |
| Delaying medical treatment | Injuries worsen and are hard to prove | Weakens damage claim |
| Admitting fault | Used against you in court or by insurers | Triggers comparative fault |
| Not gathering evidence | Lack of visual proof or witness testimony | Lowers settlement value |
| Speaking to the insurer directly | Misstatements can be twisted | Leads to claim denial or undervaluation |
Frequently Asked Questions
What should I do immediately after a motorcycle accident in Louisiana?
Call the police, get medical attention, and document everything you can—photos, witnesses, and road conditions. Don’t admit fault, and avoid talking to the other driver’s insurer until you speak with a lawyer.
Can I still file a claim if I was partially at fault in the crash?
Yes. Louisiana’s comparative fault law allows compensation even if you share some responsibility for the accident. However, your compensation will be reduced by the percentage of fault assigned to you.
What if I didn’t see a doctor right away? Can I still claim injuries?
You can still file a claim, but securing the compensation you deserve becomes more challenging. Delayed treatment weakens your case and gives insurers a reason to question the severity or cause of your injuries.
Should I speak to the insurance company after the crash?
No. Insurance companies often try to settle quickly or use your words against you. Always consult a lawyer before providing statements or signing any documents.
How long do I have to file a motorcycle accident claim in Louisiana?
You have one year from the date of the accident to file a personal injury lawsuit. Missing this deadline could permanently prevent you from recovering damages.
Get Legal Assistance After a Louisiana Motorcycle Crash
Experiencing a frightening motorcycle accident is hard enough. But making common mistakes afterward can make it even harder to recover physically, financially, and legally. From not seeking medical attention to trusting the wrong people too soon, each error can have lasting consequences.
The good news is that you can avoid most (and, potentially, all) of these mistakes by staying informed and acting quickly. Know your rights, understand Louisiana’s unique legal rules, and don’t try to go it alone.
Alvendia, Kelly & Demarest Law Firm has helped many injured riders in New Orleans protect their rights and pursue the compensation they deserve. If you’ve been in a motorcycle crash, getting trusted legal guidance is one of the smartest steps you can take next.
Contact us today for a free consultation and get the support you need to move forward with confidence.
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In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.
