motorcycle accidents
OVERVIEW OF LOUISIANA motorcycle ACCIDENTS
Those persons traveling by motorcycle are much more likely to incur severe injuries or be fatally injured than occupants of passenger cars. Older riders are particularly susceptible to serious injuries. Most fatal or catastrophic motorcycle injuries involve an initial collision from the front. Recent Government Accounting Office data shows that the annual costs associated with motorcycle crashes are roughly $16 billion. These costs accumulate as a result of emergency response, medical and rehabilitative expenses, damage to property, lost wages, insurance claims, and more.
In addition, the National Highway Transportation Safety Administration (NHTSA) reported 5,286 motorcyclist fatalities in 2016. This fatality rate was 28 times greater than that in passenger cars. There were 88 motorcycle fatalities in Louisiana alone in 2016.
| U.S. Motorcyclists | Killed | Injured |
| 2014 | 4,594 | 92,000 |
| 2015 | 5,029 | 88,000 |
| 2016 | 5,286 | N/A |
OVERVIEW OF INJURY CLAIMS PROCESS IN LOUISIANA
Generally, the statute of limitations for bringing a claim for traffic injuries and/or property damage in Louisiana is one-year. This concept has traditionally been referred to as “liberative prescription” in the state, yet still describes the maximum amount of time that may pass before a plaintiff is barred from pursuing civil action.
When initiating the process with your attorney, gather relevant information, like the police report, medical records, contact information, and/or statements from witnesses.
The majority of motorcycle accident cases are concluded with a settlement agreement before reaching a trial.
LOUISIANA MOTORCYCLE OPERATOR LICENSING & INSURANCE REQUIREMENTS
Louisiana motorcycle operators must obtain an “M” endorsement that requires passing (1) a rules test, and (2) a skills test. This requirement, however, is waived if the operator completes a safety and training class approved by the Department of Public Safety.
Motorcycles must be inspected to receive a registration sticker and obtain a license plate. Liability insurance is also required. The current minimum liability insurance requirements are 15/20/25:
$15,000 for bodily injury for one person,
$30,000 for more than one person,
$25,000 for property damage
Data from the Insurance Research Council shows that an estimated 13% of drivers operating in Louisiana are doing so without the state-mandated liability coverage.
BRINGING A CLAIM IN ASCENSION PARISH LA FOR MOTORCYCLE ACCIDENT INJURIES
Louisiana employs an “at-fault” system of insurance where the party responsible may be liable for injuries and property damage incurred. Examples of damages that may be recovered include:
- Costs to repair or replace a vehicle
- Medical expenses
- Lost wages
- Pain and suffering
In a lawsuit, the plaintiff’s burden of proof is a “preponderance of the evidence.” In cases where there are moderate or severe injuries or property damage, it is best to promptly seek assistance from an experienced Ascension Parish personal injury attorney.
ALCOHOL INVOLVEMENT IN ASCENSION PARISH MOTORCYCLE ACCIDENTS
The consumption of alcohol is a major contributor to motorcycle accidents in Louisiana and throughout the United States. Among those motorcyclists killed in 2016, roughly 25% were over the legal limit for alcohol consumption with a blood alcohol concentration (BAC) of at least .08%. Another 7% of these individuals had a BAC between .01% and .07% at the time. Approximately 37% of motorcyclists that were killed in single-vehicle accidents were found to be impaired.
HELMET USAGE
Helmet usage is especially important for safety among those riding “Supersport” model bikes that are popular among riders under the age of 30. These riders have a fatality rate that is four times higher than other non-racing style bikes.
HELMET USAGE IN ASCENSION PARISH LA
If you live in Ascension Parish, Louisiana, you must wear a helmet when riding a motorcycle. Fewer than half of U.S. states have mandatory (universal) helmet laws. Louisiana is among those that require all motorcycle riders to wear them.
ADDITIONAL INFORMATION ON HELMETS
One problem reported by the Motorcycle Safety Foundation has been the rise in usage of helmets that do not actually meet U.S. Department of Transportation safety standards. Many riders like the appearance and fit of these non-compliant helmets, and by wearing them, these riders “appear” to be in compliance with universal helmet laws. These helmets have been shown to provide insufficient levels of protection from potential injuries to the skull and brain
MEDICAL TREATMENT
Injuries that are not life-threatening may be treated in an emergency room. This treatment can include:
- Prescription pain or anti-inflammatory medication
- A cervical collar for whiplash
- Surgery to realign bones or splints and casts for broken bones
- Diagnostic procedures, like a CT-scan or MRI to diagnose brain injuries
- Velocity testing to detect nerve damage
- Specialists, including but not limited to those in pain management, orthopedics, and physical and occupational therapy.
TREATMENT COSTS
The Centers for Disease Control have studied motorcycle accidents and found that costs of treatment from a crash vary widely. The NHTSA reported the median charges for lower extremity injuries were $21,000 for single injuries or $39,000 for multiple injuries. Medical expenses among motorcycle injury victims were paid as follows:
- Commercial health insurance: 40%
- Patient self-pay: 20%
- Automobile insurance: 19%
- Medicaid: 4%
- Medicare: 3%
- Other: 14%
Causes and Injuries from Motorcycle Accident
MOST COMMON LOUISIANA MOTORCYCLE INJURIES: LOWER EXTREMITIES
Injuries occurring in the lower extremities are the most common; fortunately, these are unlikely to be fatal. Roughly 81% of motorcycle riders with injuries to the lower extremities are released from short-term (acute) care in the hospital to their homes.
Injuries to the feet typically involve fractures to the structures, especially to the tarsal and metatarsal bones.
Over 90% of injuries to the leg and ankle involve the tibia or fibula, which are in the lower legs extending to the ankles.
There are several common knee injuries, including to the tibial plateau and patella.
Injuries of the thigh are largely fractures of the femur shaft.
MOST COMMON LOUISIANA 41pxMOTORCYCLE FATAL INJURIES: HEAD & NECK
The most deadly injuries are those where there is an impact (trauma) to the head, neck, or spine. Those who survive a traumatic brain injury may have long-term problems, including:
- cognitive impairments
- loss of coordination
- paralysis
Severe trauma to the neck or spine may also lead to neurological damage and other problems with communication, sight, hearing, emotional well-being, and more. The U.S. Department of Transportation estimates wearing a helmet will reduce accident fatalities by 29 to 35 percent.
MOTORCYCLE-SPECIFIC INJURIES: “BIKER’S ARM” & “ROAD RASH”
There are two specific injuries that occur to motorcyclists, and they include the arms and skin.
In a motorcycle collision, the rider may use his or her arms to protect him or herself. When doing so, this causes significant problems to the arms, including nerve damage and losses of feeling or movement in the arm.
Road rash occurs when the rider’s skin scrapes along the ground. The abrasion or laceration may resemble a burn and require wound care.
How can we help you
Our team is ready
We, at the Law Offices of Scott Dupaquier, LLC, choose to practice personal injury law in Ascension Parish, Baton Rouge, and New Orleans because we want to give accident victims a voice. Insurance companies will do everything in their power to minimize the amount they have to pay after an accident. Although an offer may sound attractive, you should keep in mind that the tactics employed by these companies are designed to trick you into accepting less than what you are owed.
We want to help protect you.
Give us a call
225-627-3636