New Orleans Motorcycle Accident Lawyer | Alvendia, Kelly & Demarest

Since 2003, the firm has represented injured riders across Orleans Parish. The attorneys overcome jury assumptions about motorcyclists and work through Louisiana’s four major law changes since July 2024.

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Navigate Our New Orleans Motorcycle Accident Guide

Why Hire a New Orleans Motorcycle Accident Lawyer

Motorcycle accidents differ from car crashes. The questions that follow are not just legal but about visibility, evidence, and jury belief.

Helmet non-use is now admissible as evidence. Starting January 1, 2026, Louisiana also applied a 51% comparative fault rule. If a rider is found 51% or more at fault, they recover nothing. That makes fault disputes more serious, especially when insurers point to helmet use, visibility, speed, or rider bias.

Crashes after July 1, 2024, have a two-year filing deadline. Earlier crashes still follow the one-year deadline. Evidence preservation, witness statements, and early fault arguments can shape the entire claim.

A motorcycle accident lawyer does more than file paperwork. Our attorneys at Alvendia, Kelly & Demarest build cases that answer bias with evidence and hold up under cross-examination. The firm has represented injured riders across Orleans Parish for more than twenty years.

Four Louisiana Law Changes That Can Affect Your Claim

Louisiana motorcycle claims changed sharply in a short period. Four updates now affect filing deadlines, who gets named in a lawsuit, how fault is measured, and how helmet evidence may be used. The crash date determines which rule applies.

Act 423 (HB 315): Prescription extended from 1 year to 2 years. Effective July 1, 2024. Motorcycle crashes on or after that date fall under La. Civ. Code art. 3493.11. Earlier crashes follow the one-year deadline. This extension is one of the most significant changes for injured riders.
Act 275 (HB 337): Direct Action Statute restricted. Effective August 1, 2024. You name the at-fault driver, not the insurer, in most cases. Rideshare and commercial vehicle accidents are affected.
Act 15 (HB 431): Modified comparative fault, 51% bar. Effective January 1, 2026. Riders 51% or more at fault recover nothing. Below 51%, recovery is reduced by the percentage of your fault.
Helmet non-use is now admissible as evidence. Louisiana requires DOT-compliant helmets. Helmet non-use became admissible in court in 2020. Combined with the 51% bar, this creates exposure. But helmet non-use alone is not negligence, and our firm knows how to defend against this argument.

Deadline check. Before July 1, 2024: one-year filing deadline. After July 1, 2024: two years. Contact us if within sixty days of either deadline.

What You Can Recover After a Motorcycle Accident

Louisiana law allows recovery for economic and non-economic damages. Economic damages may include past and future medical bills, lost income, reduced earning ability, property damage, and prosthetics. Non-economic damages may include pain, distress, scarring, loss of enjoyment, and loss of consortium.

Motorcycle injuries often lead to catastrophic outcomes. Road rash requires skin grafting and wound care. Traumatic brain injury affects cognitive function for years. Spinal cord injuries cause paralysis. Amputations demand lifelong prosthetics and rehabilitation. These losses often carry more serious non-economic damages than soft-tissue claims, as the impact is permanent and visible.

A motorcycle claim should look beyond the first hospital bill. Ongoing treatment, future care, physical limitations, and the injury’s effect on work and daily life all matter. If the driver was intoxicated, exemplary damages under Article 2315.4 may also be available.

Helmet law and the 51% bar change motorcycle claims. Understand how they affect your case before your deadline passes.

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Motorcycle Accident Cases That Reached Resolution

$17 Million
Negligence: Settlement After Mediation
$10 Million
Faulty Vehicle Repair: Settlement
$1.2 Million
Inattentive Driving: Jury Verdict
$Multi-million
Car Insurance Claim: Settlement After Mediation

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Helpful Resources For Motorcycle Accident Victims In New Orleans

Basics & procedures

Injuries & outcomes

Strategy & law

Meet Your Motorcycle Accident Attorneys

When you hire Alvendia, Kelly & Demarest, you work directly with an attorney. Not a call center or a rotating case manager. Your case is handled by the lawyers who started it.

Roderick “Rico” Alvendia, Founding Partner

Rico founded the firm in 2003 and has handled New Orleans motorcycle and motor vehicle injury cases for more than twenty years. He is a Loyola Law graduate, a U.S. Army veteran, and has extensive experience in Orleans Parish courtrooms. (Bar admission year to confirm.)

J. Bart Kelly, III, Partner

Bart is a Tulane Law graduate and former Assistant District Attorney with more than thirty years of trial experience. He has handled complex motorcycle and motor vehicle injury cases and secured significant jury verdicts and settlements for injured clients. (Bar admission year to confirm.)

Together, Rico and Bart handle serious and catastrophic injury claims across Louisiana motor vehicle cases. That includes motorcycle accidents, car accidents, truck accidents, rideshare incidents, and uninsured motorist claims.

They focus on building cases that hold up under scrutiny. That means preparing each claim with the expectation that it may be challenged, negotiated aggressively, or litigated.

This approach guides how they work with injured motorcycle riders and their families. Clients are kept informed throughout the process, and each step is handled with care and focus, whether the case resolves through negotiation or requires litigation. The goal is to provide reliable guidance and strong representation while helping clients navigate a difficult and often overwhelming situation.

What to Expect: Consultation to Resolution

A motorcycle claim starts with the crash facts, but the early focus is on evidence. Our attorneys review the police report, medical records, the motorcycle’s condition, insurance coverage, and any statements already given to an adjuster.

New Orleans Motorcycle Accident Case Process

The scene is often the case. Skid marks, impact points, debris fields, road defects, weather, lighting, and nearby camera footage can answer fault questions before the insurer controls the story. The motorcycle may need inspection for mechanical failure or crash damage. The helmet should be preserved, not cleaned, repaired, or discarded, because it may become evidence.

Once the record is developed, AKD prepares the demand. Since August 2024, most demands have been directed to the driver. If negotiation does not resolve the claim, the case moves into litigation, discovery, continued settlement talks, and trial preparation.

You are kept informed before each major step. No settlement or litigation decision is made without your approval.

Mistakes That Can Hurt Your Claim

Do not guess, apologize, or accept blame at the scene. A casual statement can later become a fault argument, especially in a motorcycle case involving helmet use, speed, visibility, or lane position.

Medical delays also create problems. Missed treatment, undocumented pain, or gaps in follow-up care give insurers room to argue the injuries were minor or unrelated. Witness names, photos, helmet condition, motorcycle damage, and roadway evidence should be preserved early.

Avoid speaking with the other driver’s adjuster without legal guidance. Recorded statements are often reviewed for inconsistencies. Social media posts can also be used to challenge injury claims.

Do not settle before the injury picture is clear. Road rash may later require skin grafting. Neck, back, or spinal symptoms may worsen after the initial shock fades. With Louisiana’s 51% bar and helmet evidence now admissible, early mistakes can carry serious consequences.

What Affects the Value of Your Case

There is no fixed value for a motorcycle accident claim. The number depends on the injury, treatment history, fault, proof, and insurance coverage.

Minor injuries may resolve for $20,000–$100,000.
Moderate injuries with impairment, scarring, or disfigurement may reach $100,000–$400,000.
Serious injuries involving surgery, permanent limitations, or rehabilitation may range from $400,000 to $1.2M.
Catastrophic claims can exceed $1.5M when the rider faces lifetime care, mobility loss, or permanent disability.

Fault analysis is just as important as the injury itself. Helmet evidence, visibility disputes, witness testimony, and crash investigation can raise or reduce the claim’s value. If a rider is found 51% or more at fault under Louisiana’s modified comparative fault rule, there is no recovery.

Recognized By Louisiana Legal Directories And National Peer-Review Organizations.

Helmet law and the 51% bar change motorcycle claims. Understand how they affect your case before your deadline passes.

Talk Now

What Clients Say About Working With AKD Law

After my motorcycle accident, I wasn’t sure what steps to take or how insurance would handle everything. The team at Alvendia, Kelly & Demarest explained the process clearly and stayed in touch throughout. Having someone guide me through the legal side made a stressful situation much more manageable.

– Michael R., New Orleans, LA
I felt like the insurance company was already assuming I was at fault. Working with this firm helped me understand my rights and what Louisiana law actually says. They were professional, responsive, and made sure I knew what was happening at each stage.

– Andre B., Metairie, LA
What I appreciated most was the honesty and communication. I didn’t feel rushed or pressured, and my questions were always answered in a way I could understand. Knowing the legal side was being handled allowed me to focus on my recovery.

– Danielle T., Uptown New Orleans, LA

New Orleans Motorcycle Accident Statistics

orcycle crashes remain high-risk, even with fewer Louisiana rider deaths in 2024.

2024, Louisiana: 69 motorcyclists killed, down 28.9% from 97 in 2023 and an all-time state low. (Source: Louisiana Highway Safety Commission/LSU CARTS, March 2025.)
2023, Louisiana: 97 motorcyclists were killed, and 1,229 were involved in injury crashes statewide. (Source: Louisiana Highway Safety Commission, 2024.)
2024, U.S.: 6,228 motorcyclists killed, 15% of all traffic fatalities. (Source: NHTSA, 2025.)
National risk: Motorcyclists are 27 times more likely to die and 5 times more likely to be injured per vehicle-mile than passenger car occupants. (Source: NHTSA, 2025.)
Helmet law: Louisiana requires all riders and passengers to wear helmets.
2024, Orleans Parish: 55 fatal crashes, 4,850 injury crashes, and 12,000+ property-damage crashes. (Source: LSU CARTS, March 2025.)

These numbers affect how insurers evaluate rider visibility, injury severity, helmet evidence, and fault.

https://www.lahighwaysafety.org/our-programs/motorcycle-safety/?utm_source=chatgpt.com

Answers to Common New Orleans Motorcycle Accident Questions

How long do I have to file a motorcycle accident claim in Louisiana?

For incidents on or after July 1, 2024, you have two years from the date of injury under Louisiana Civil Code Article 3493.11, enacted by Act 423 (HB 315). For incidents on or before June 30, 2024, the older one-year deadline still applies. Wrongful death and medical malpractice claims follow their own one-year deadlines and were not extended by Act 423. If you are unsure which rule applies to your case, or you are within months of either deadline, contact us today.

Can I still recover compensation if I was partly at fault?

The answer changed on January 1, 2026. For incidents on or after that date, Louisiana uses a modified comparative fault system with a 51% bar under Article 2323, as amended by Act 15 (HB 431). If you are 51% or more at fault, you cannot recover anything. If your fault is below 51%, your recovery is reduced by your percentage of negligence. Worked example: under the old pure-comparative rule, a rider 75% at fault still recovered 25% of damages. Under the new rule, that same rider recovers nothing. For pre-2026 incidents, the older pure-comparative rule still applies.

If I weren’t wearing a helmet, could the insurance company use that against me?

Yes. Helmet non-use can now be used as evidence in a comparative fault argument. That does not mean you were negligent. The insurer still has to connect the helmet issue to the injuries being claimed. Many motorcycle crashes are caused by drivers who fail to see, yield to, or avoid a rider. We review the helmet, injury pattern, crash facts, and driver conduct before letting that argument control the case.

Is lane splitting legal in Louisiana?

Lane splitting, or riding between cars or lanes, is not legal in Louisiana. But that does not automatically make the rider fully at fault. The other driver still has a duty to keep a proper lookout and avoid a collision. The key questions are where the vehicles were, what each driver could see, and whether the crash could have been avoided.

What if the driver who hit me was a rideshare or delivery driver?

Rideshare cases may involve higher insurance limits, including up to one million dollars in liability coverage when an Uber or Lyft driver is working. Delivery and commercial vehicle cases may also involve business policies. Louisiana’s Direct Action Statute changed in August 2024, which affects how these claims are pursued. It does not remove the need to identify every available policy and build the claim against the responsible driver or company.

Can I sue the helmet manufacturer if my helmet failed?

Yes. If the helmet’s visor, padding, strap, or shell failed in the crash, you have a separate product-liability claim against the manufacturer. This claim runs parallel to your claim against the at-fault driver. We investigate both and work to maximize your recovery from all sources.

I crashed into a pothole or an unrepaired road. Can I sue the City or DOTD?

Yes, but notice deadlines are shorter than for claims against private drivers. Claims against the City of New Orleans, parish entities, or the Louisiana Department of Transportation and Development must be reported within a set timeframe. We send notice immediately upon learning of any road defect involvement and work to preserve your right to recover.

Will my motorcycle accident case go to trial?

Many motorcycle accident cases resolve through settlement or mediation. However, we prepare every case as if it will go to trial because juries need to see we are ready to fight. We know how to counter jury bias, preserve evidence effectively, and present the facts clearly so jurors understand your injuries and the other driver’s liability.