From Esplanade Avenue to the winding stretches of Highway 90, motorcyclists in New Orleans and Southeast Louisiana face unique risks every time they ride. Without the protection of a car frame, airbags, or seatbelts, even a minor collision can result in life-changing injuries. In recent years, Orleans Parish and Jefferson Parish have reported rising numbers of motorcycle accidents, many involving inattentive or careless drivers who fail to share the road safely.
At the Gertler Law Firm, we represent injured riders and their families throughout Louisiana. Since 1975, our attorneys have been fighting for accident victims facing catastrophic injuries and wrongful deaths, and we understand the challenges motorcyclists face both on the road and in the courtroom.
Why Motorcycle Accidents Are So Dangerous
Motorcycles are smaller and less visible than cars or trucks, and riders lack the physical protection afforded to other motorists. As a result, motorcycle accidents often lead to:
- Severe head and brain injuries, even when helmets are worn
- Spinal cord damage and paralysis from high-impact crashes
- Fractures and orthopedic trauma from being thrown from the bike
- Road rash and burns from skidding across pavement or fuel-related fires
- Fatal injuries resulting in wrongful death claims
Medical treatment is often extensive, requiring surgeries, rehabilitation, and lifelong care. These injuries can impact not just health but also financial stability and quality of life.
Common Causes of Motorcycle Accidents in Louisiana
While some accidents stem from poor road conditions, many are the result of driver negligence. Our firm handles cases involving:
- Drivers failing to yield when motorcycles have the right of way
- Distracted driving: phones, GPS use, and other distractions that prevent drivers from noticing motorcyclists
- Unsafe lane changes and blind spot collisions on I-10 and I-610
- Speeding or reckless driving in heavy traffic corridors like Claiborne Avenue
- Alcohol-impaired drivers cause catastrophic collisions
These crashes are rarely “minor.” When a passenger vehicle collides with a motorcycle, the rider almost always suffers the greatest harm.
Louisiana’s Hands Free Rule
As of August 1, 2025, handheld phone use while driving is illegal in Louisiana (limited hands-free exceptions). If the at-fault driver was using a device unlawfully, that can be powerful evidence for you.
Louisiana Law and Motorcycle Accident Claims
Understanding Louisiana law is critical for protecting your rights after a motorcycle crash:
- One-Year Statute of Limitations: Victims generally have just one year from the date of the accident to file a lawsuit.
- Comparative Fault: Even if a motorcyclist is found partially at fault, they may still recover compensation, though reduced by their percentage of responsibility.
- Helmet Requirements: Louisiana law requires riders to wear helmets. Failure to do so may cause damages, but it does not bar recovery.
The Gertler Law Firm is experienced in navigating these challenges, ensuring that riders are not unfairly blamed or undercompensated.
Updated Louisiana Rules That Affect Your Claim
- Two-Year Filing Window (most crashes on/after July 1, 2024): For recent crashes, you generally have two years to file; earlier crashes typically keep the former one-year deadline. We calculate your exact date on day one.
- Comparative Fault (Changing Jan. 1, 2026): Louisiana will move to a 51% bar; if you are 51% or more at fault, you cannot recover. Until then, you can recover even if you share fault (your award is reduced by your percentage).
- Helmet Law (still required): Riders and passengers must wear compliant helmets (strap/lining/visor). Not wearing one doesn’t bar your claim, but it can be argued to reduce damages if it worsens injuries.
- Lane Splitting Prohibited: Passing between lanes or sharing a lane with a car is illegal; two motorcycles may ride abreast in a single lane.
- “No Pay, No Play” Tougher (Aug. 1, 2025): Uninsured owners/operators are barred from the first $100,000 of bodily injury and first $100,000 of property damage (limited exceptions).
- Rideshare Coverage Layers (Uber/Lyft): During a trip, Louisiana requires at least $1,000,000 in liability coverage; when the app is on but no trip accepted, lower statutory limits apply. We identify the proper “period” and all available policies, including UM/UIM where applicable.
- UM/UIM Basics: By default, Louisiana policies include UM/UIM equal to liability limits unless properly rejected in writing; you may have more coverage than you think.
Damages You May Recover
Every case is different, but we routinely pursue:
- Medical care (ER, surgery, hospitalization, rehab, therapy, medications)
- Future medical needs and life care planning
- Lost wages and diminished earning capacity
- Pain, suffering, and emotional distress
- Property damage (your bike and gear)
- Wrongful death losses (funeral costs, loss of support/companionship)
How We Build Strong Motorcycle Accident Cases
Motorcycle crashes often involve biases, juries, and insurers may assume riders are reckless. We counter these assumptions by:
- Gathering police reports, witness statements, and traffic camera footage
- Using accident reconstruction experts to prove how the crash occurred
- Demonstrating the rider’s safe conduct, training, and compliance with laws
- Documenting the long-term financial and medical impact of injuries
The Evidence We Move Fast to Secure
- Police files: We help you obtain NOPD crash reports (and Louisiana State Police reports when applicable).
- Video & data: Body cam/dash cam, traffic cameras, nearby business/residential footage, and event data recorder (EDR) downloads
- Digital proof: Phone/app logs (hands-free compliance), rideshare trip data
- Medical & economic: Prognoses, impairment ratings, life care plans, and wage-loss/vocational analyses
What To Do After a Motorcycle Crash
- Call 911 and get medical care immediately.
- Photograph the scene, vehicles, skid marks, your gear/helmet, and visible injuries.
- Exchange info and collect witness contacts.
- Ask for the item number for your NOPD or State Police report so we can retrieve it quickly.
- Don’t give a recorded statement to the other insurer before you talk to us.
- Save all bills, estimates, prescriptions, and correspondence.
- Call us early; critical video/EDR data can be overwritten in days.
Protecting Riders Across Louisiana
For decades, the Gertler Law Firm has been standing up for the rights of vulnerable road users, including motorcyclists, bicyclists, and pedestrians. We understand the stigma riders often face, and we work tirelessly to ensure juries and insurers see past stereotypes to the real facts of the case.
We have represented clients injured in Orleans Parish, Jefferson Parish, St. Bernard Parish, and Plaquemines Parish, as well as in surrounding communities like Metairie, Kenner, Gretna, and Chalmette. No matter where your crash occurred, our team is ready to fight for you.
Areas We Serve
You’ll find us helping riders across Southeast Louisiana, including:
- Parishes: Orleans, Jefferson, St. Bernard, Plaquemines, St. Charles, St. Tammany, St. John the Baptist, St. James, Tangipahoa
- Cities & communities: New Orleans, Metairie, Kenner, Gretna, Harvey, Marrero, Chalmette, Meraux, Slidell, Mandeville, Covington, LaPlace, Destrehan, Luling, Hahnville, Belle Chasse, Arabi
FAQs
How long do I have to file?
For crashes on/after July 1, 2024, most injury claims must be filed within two years; earlier crashes typically followed the one-year rule. There are exceptions; let us confirm your exact date.
What if I weren’t wearing a helmet?
Helmets are required. Not wearing one doesn’t bar your claim, but the defense may argue it worsened injuries and try to reduce damages. We counter with medical and biomechanical evidence.
Is lane splitting legal here?
No, passing between lanes is prohibited. Two motorcycles may ride abreast in a single lane.
The driver who hit me was on Uber/Lyft. Does that change anything?
Yes. Coverage depends on app status; during a trip, at least $1,000,000 in liability coverage applies by statute. We identify all applicable layers (and whether UM/UIM applies).
Do hands-free/phone rules help my case?
They can. Unlawful handheld use supports negligence, and we can seek phone records when appropriate.
How do I get my crash report?
For NOPD, request it online via the City of New Orleans; for Louisiana State Police, use the statewide crash report portal. We can do this for you.