Reviewed and Verified by Attorney Allan Berger — Licensed in Louisiana since 1974.
A motorcycle crash on Interstate 10 or a city street rarely leaves a rider with minor scrapes. Without a steel cage or airbags, even a low-speed collision can mean broken bones, a head injury, or months off work. When the medical bills start and the insurance adjuster calls, you should not have to figure out Louisiana law alone.
As a New Orleans motorcycle accident lawyer, Allan Berger & Associates, P.L.C. has represented injured riders across southeast Louisiana for nearly 50 years. We handle the investigation, the insurers, and the courtroom so you can focus on healing.
If you need immediate help with a claim, contact Allan Berger & Associates, P.L.C. at 504-526-2222 for a free case review.
Your New Orleans motorcycle accident claim at a glance
|
Your question |
What Louisiana law says |
| How long do I have to file? | Two years from the crash for injuries on or after July 1, 2024, under Louisiana’s two-year filing deadline. Injuries before that date have only one year. |
| Can I recover if I was partly at fault? | Yes, if you are less than 51% at fault. Louisiana now uses a modified comparative-fault rule with a 51% bar, effective January 1, 2026. |
| Do I have to wear a helmet? | Yes. Every rider and passenger must wear a DOT-approved helmet at all times. |
| What does a lawyer cost up front? | Nothing. We work on a contingency fee, so you pay legal fees only if we recover money for you. |
| What can I recover? | Medical bills, lost wages, future care, property damage, pain, and suffering. |
Common causes of motorcycle accidents in New Orleans
Most motorcycle wrecks here come down to a driver who never saw the rider. The pattern repeats across police reports. A car turns left across an oncoming motorcycle at an intersection, or it drifts into a rider sitting in a blind spot during a lane change. Other crashes happen when a driver follows too closely and rear-ends a stopped motorcycle, or when someone distracted by a phone wanders out of their lane.
Impaired driving adds to the danger, especially late at night near the French Quarter, and New Orleans road conditions do the rest. Potholes, loose gravel, and poor pavement repair can throw a rider off balance with no warning. When another driver caused the crash, that driver and their insurer are responsible for what you lost.
Injuries our motorcycle accident attorneys see most often
Riders absorb the force of a collision with their bodies, so the injuries tend to be serious and expensive to treat. Road rash can run deep enough to require skin grafts and leave permanent scars, and broken bones in the legs, wrists, collarbone, and ribs are common. Many riders suffer traumatic brain injuries even when they were wearing a helmet, along with spinal cord damage that can cause partial or full paralysis.
Internal bleeding, organ damage, and soft-tissue injuries to the neck, shoulders, and back round out the pattern. The full cost of these injuries often shows up months later, in repeat surgeries or lost earning ability. We build your claim around the complete picture, including the care you will still need years from now.
How Louisiana’s helmet and fault laws affect your claim
Two state laws shape almost every motorcycle case, and both changed recently.
Louisiana requires every operator and passenger to wear a DOT-compliant helmet whenever the motorcycle is moving under La. R.S. 32:190. If you were not wearing one, the other side may argue your injuries were worse than they should have been. They carry the burden of proving with medical evidence that the missing helmet actually caused a specific injury. A skilled attorney pushes back on that argument and keeps it from cutting your recovery.
Fault is the second issue. As of January 1, 2026, Louisiana follows a modified comparative-fault rule with a 51% bar. If you are found less than 51% responsible, you still recover, with your award reduced by your share of fault. If you are 51% or more at fault, you recover nothing. Insurers know this and will try to pin as much blame on the rider as possible. Documenting exactly how the crash happened is now more important than ever.
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How a New Orleans motorcycle accident lawyer can help
After a crash your job is to recover, and ours is to handle everything else. A motorcycle accident attorney in New Orleans starts by investigating what happened. That means securing the police report, returning to the scene, photographing skid marks and road conditions, gathering statements from witnesses, and pulling any traffic or business-camera footage before it is erased. In serious cases we bring in accident-reconstruction experts who can show a jury precisely how the other driver caused the collision.
From there we take over every conversation with the insurance company, so a careless word never gets used against you. We calculate the full value of your claim with input from your doctors and, when needed, medical and economic experts who can project the cost of future care and lost earnings. Then we negotiate hard for a fair settlement. If the insurer refuses to pay what your case is worth, your motorcycle crash attorney is ready to file suit and try it. Throughout, we manage the deadlines and paperwork so nothing slips, and you always know where your case stands.
Compensation a motorcycle crash victim can recover
Louisiana law lets you recover both economic and non-economic damages. Economic damages cover the measurable costs of the crash, including emergency treatment, surgery, hospital stays, physical therapy, and the future medical care a serious injury demands. They also include lost wages, any reduction in your ability to earn going forward, and the cost to repair or replace your motorcycle and gear.
Non-economic damages address the human side of a serious injury. These cover physical pain, emotional suffering, scarring and disfigurement, and the loss of activities and quality of life you once enjoyed. When a motorcycle crash is fatal, surviving family members can pursue a wrongful-death claim for funeral costs and the loss of their loved one’s support and companionship. We make sure every category that applies to your case is documented and pursued, not left on the table.
What to do after a motorcycle accident in New Orleans
The hours after a crash shape your case.
If you are able:
- Call 911 and get a police report started.
- Accept medical care at the scene, even if you feel alright. Adrenaline hides injuries.
- Photograph the bikes, vehicles, road, traffic signals, and your gear.
- Get names and contact details for the other driver and any witnesses.
- Say little to the other driver’s insurer, and never accept a quick settlement.
- Call a New Orleans motorcycle accident lawyer before you sign anything.
How long you have to file a motorcycle accident claim in Louisiana
Louisiana gives you two years from the date of a crash that happened on or after July 1, 2024 to file a lawsuit. Crashes before that date fall under the old one-year deadline. Miss the cutoff and the court can throw your case out no matter how strong it is. Evidence also fades fast, so the sooner we start, the better we can protect your claim.
Frequently asked questions
Do I have a case if the police report blames me?
Possibly. A police report records one officer’s opinion, not a final ruling on fault. We often gather traffic-camera footage, witness statements, and crash-scene evidence that shifts the blame picture. As long as you are under 51% at fault, you can still recover.
What if the driver who hit me had no insurance?
You may still have a path to compensation. Your own uninsured or underinsured motorist coverage can step in to pay for your injuries and losses. We review every policy that might apply to your crash, including coverage you may not realize you carry.
Will I have to go to court?
Most motorcycle cases settle without a trial. We still prepare every file as if it will go before a jury, because that readiness is what pushes insurers to offer full value. You decide whether to accept a settlement or keep fighting, and we guide you through each step.
What if I was not wearing a helmet when the crash happened?
You can still bring a claim. The other side must prove with medical evidence that the missing helmet actually worsened a specific injury before it affects your recovery. We challenge that argument and keep the focus on the driver whose negligence caused the crash.
How much is my motorcycle accident case worth?
It depends on the severity of your injuries, your lost income, the cost of future care, and the lasting effect on your life. No honest lawyer can promise a number up front. We can give you a realistic range after reviewing the facts during your free consultation.
How much does it cost to hire your firm?
Nothing up front. We handle motorcycle accident cases on a contingency fee, which means you pay legal fees only if we recover money for you. Your first consultation is always free, so you can learn where you stand without any financial risk.
Why trust Allan Berger & Associates, P.L.C.?
Founded by Allan Berger in 1975, our firm has spent nearly five decades representing injured people and families across Louisiana. Attorney Berger and attorney Andrew J. Geiger have both been named Super Lawyers, and the firm holds the AV Preeminent® rating from Martindale-Hubbell, the highest peer rating for legal skill and ethics. Gambit Weekly and Louisiana Legal Leaders have recognized our work as well.
What that record means for you is simple. Insurance carriers and corporate defendants know we prepare every case for trial, and that reputation gives our clients an advantage at the negotiating table. From our office on Canal Street, your New Orleans motorcycle lawyer treats every rider’s case with the preparation and personal attention it deserves.
You pay nothing unless we win, and your first consultation is always free.
Talk to a New Orleans personal injury lawyer today at 504-526-2222 or send us a message online to schedule your free consultation.