Motorcycle Accidents In Louisiana: What You Need To Know.

South Louisiana has a high amount of motorcycle accidents. Are the accident caused by road conditions, unsafe drivers, or is that motorcycles are inherently dangerous?

The rate of automobile accidents and motorcycle accidents are about the same. However, people involved in motorcycle accidents die or sustain severe injuries at a significantly higher rate than people in car accidents.

Motorcycle riders like the freedom of the road, but it the pleasure worth the risks? Compared to cars, motorcycles make up a small percentage of road travel, is this because of the perceived dangers of motorcycle accidents? There is a lot of concerning information about motorcycle riding in the United States.

Is Riding a Motorcycle Dangerous?

It goes without argument that motorcycles are inherently more dangerous than cars. The National Highway Traffic Safety Administration (NHTSA), provides that motorcycles made up only 3 percent of vehicles registered in the United States in 2017.

However, the fatality rate for motorcyclists in 2017 was six times the death rate for passengers of cars. Fatalities on motorcyclist occurred nearly 27 times more frequently than passengers in cars in traffic crashes.

A look at 2017 numbers shows there were 5,172 motorcyclists killed, a three percent decrease from the previous year. Let’s look at some of the key findings in the NHTSA report:

Twenty-nine percent of motorcycle fatality crashes in 2017 were riding without valid motorcycle licenses;
Impaired drivers by vehicle type (27% for motorcycles, 21% for passenger cars, 20% for light trucks, and 3% for large trucks);
Forty-three percent of motorcycle riders who lost their lives in single-vehicle crashes in 2017 were alcohol-impaired
Motorcycle riders killed in crashes at night were three times more frequently alcohol-impaired than those killed during the day in 2017
NHTSA estimates that helmets saved 1,872 motorcyclists’ lives in 2017 and that 749 more people could’ve have been saved if all motorcyclists had worn helmets.
In States without universal helmet laws, 57 percent of motorcyclists killed in 2017 weren’t wearing helmets and only eight percent in States with universal helmet laws

These numbers illustrate the dangers of riding motorcycles on the road. I encourage you to check the NHTSA website to view the most current numbers.

What is the Most Common Cause of Motorcycle Accidents?

Cars have to share the road with motorcycles. However, they frequently seem to forget, but there are many causes by motorcycle drivers that could be prevented. The following is a list of some causes of motorcycle accidents:

Speeding: Speeding is dangerous in any vehicle, but more so on a motorcycle. Speed limits establish a safe rate of travel on a particular roadway. It takes into consideration reaction times, curves, and general road conditions. Death in a crash is more likely to occur at a higher rate of speed;
Driving under the influence. The number of fatal motorcycle crashes illustrated in the NHTSA numbers proves that motorcycle drivers influenced by drugs or alcohol are at increased risk of an accident;
Lane splitting is the maneuvering of a motorcycle between vehicles on a roadway. Lane splitting causes a substantial amount of accidents, cars are often not aware of a motorcycle and will unexpectedly shift lanes hitting the bike;
Sudden stops: A vehicle that stops quickly creates a dangerous condition. Tailgating results in rear-end accidents. When riding a motorcycle, always follow a safe distance behind traffic. A sudden stop could result in severe injury or death to a motorcyclist;
Inexperienced drivers: Inexperienced motorcyclists likely are also unsafe drivers. They lack the experience to avoid wrecks and create dangerous conditions not only to themselves but other motorists as well;
Left-turn accidents: Misjudgments of distance while making a left turn are causes of injury and death to motorcycle riders.
Dangerous road conditions: Driving a motorcycle on broken concrete or roads with potholes, and debris, causes bikers to lose control of their motorcycle and crash;
Motorcycle defects: Motorcycle manufacturer just like with any other product sometimes have a poor design or faulty part which creates a condition that leads to an accident.

If You Ride Reduce the Risks of an Accident.

The first thing you should realize when riding a motorcycle, you are in a vulnerable position, so be alert and be visible. Some other steps you can take are:

Wear a helmet: Helmets save lives. NHTSA estimates helmets saved 1,872 motorcyclists’ lives in 2017 and that 749 more lives would’ve been saved if all motorcyclists wore helmets. Nineteen states require motorcyclists to wear helmets, while three states-Illinois, Iowa and New Hampshire-have no helmet use laws at all.
Older riders: If you are over 40, you may need to consider getting off your motorcycle. Motorcycling requires more brain function and focus than driving a car. 54% of motorcyclists killed in crashes were age 40 or older, and older riders sustain more severe injuries from accidents. Why does this occur? It could be declining vision and reduced reaction time in older riders or fragility.
Anti-lock brakes (ABS): Anti-lock brakes provide a better and safer stop for a motorcycle. Motorcycles with ABS are 37% less likely to be involved in a fatal crash.
Avoid cafe-style racing motorcycles: Cafe-style motorcycles require unique skill sets and can go fast. Motorcyclists on cafe-style bikes are four times more likely to die in a crash than riders of other styles of motorcycles.
Training: Most states offer motorcycle safety classes. The classes teach how to maneuver a motorcycle in different weather conditions and during specific traffic conditions.
Clothing: Wear protective clothing that is visible. Leather helps to prevent road rash. The brighter you are, the easier for others to see you.

Louisiana State Police Motorcycle Safety Program

Louisiana has an unusually high motorcycle accident rate. The high instances of wrecks could be caused by several reasons, poor road conditions, inattentive drivers, or lack of motorcycle driver training. The state police are taking steps to reduce motorcycle accidents.

The Louisiana State Police established a program designed to save motorcyclist lives. It is the Louisiana Motorcycle Safety, Awareness and Operator Training Program.

The basic course is 15 hours and its designed for beginners. It teaches the physical skills, proper attitude, and knowledge for navigating safely in traffic. It is an excellent program if you are interested or want more information click the link above to register.

Do I Need A Motorcycle Lawyer?

If you or someone you know has been in a motorcycle accident, you need to contact an attorney. Injured parties are entitled to recover for their losses, pain and suffering, medical expenses, lost wages, and any other damages they suffered.

One of the risks you shouldn’t face is going without the compensation you are owed. Sonja Bradley has offices in Hammond and Livingston Louisiana

To read about “Important Steps to Take if You’ve Neen in a Car Accident,” or learn about “Negligence Law in Louisiana,” click the highlighted links.

No Pay No Play Law in Louisiana

What is Louisiana No Pay No Play Law?

No Pay, No Play, refers to a Louisiana law restricting the rights of a victim of an automobile accident to recover full damages. It a person is driving an automobile without the legally required insurance coverage his right to recover damages is limited.

To legally drive on the roads and highways in Louisiana you must have a valid drivers license and have automobile insurance coverage.

Under Louisiana’s “no pay” “no play” insurance laws you may lose the right to recover for your losses suffered in an accident if you didn’t carry automobile insurance on the vehicle you were driving, even if you were not at fault for the accident.

Under this statute (No Pay, No Play) victims of an accident without insurance can not recover the first $15,000 of bodily injury damages and the first $25,000 of property damages.

There are some important exceptions you need to be aware of:

You are only required to carry a minimum liability insurance;

Drivers from other states are not covered by the statute;

The law doesn’t apply if the at fault driver broke certain laws before the crash, such as driving under the influence, fleeing the scene, or it tha at fault driver is in the commission of a felony.

if the car was legally parked

A passenger may recover for his damages, so long as he was not a co-owner of the uninsured vehicle.

Purpose of No Pay No Play Law

The purpose of the law is to reduce the cost of insurance rates in the state. The theory is the limitation on recovery will encourage more driver to buy insurance coverage.

More insured drivers results in a lower number of uninsured drivers on the roads. The less uninsured drivers reduce the cost automobile insurance companies spend covering accidents caused by uninsured drivers. The lawmakers hope the savings for the insurance companies “trickle down” to consumers.

Currently, Louisiana has the second highest insurance premium rates in the country. To check the current statute La. R.S. 32:866, the statute governing No Pay, No Play in Louisiana click here

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The statute reads, in part:

“[t]here shall be no recovery for the first fifteen thousand dollars of bodily injury and no recovery for the first twenty-five thousand dollars of property damage based on any cause or right of action arising out of a motor vehicle accident, for such injury or damages occasioned by an owner or operator of a motor vehicle involved in such accident who fails to own or maintain compulsory motor vehicle liability security.”

If you are involved in an Automobile Accident Contact Sonja Bradley your attorney in Hammond Louisiana, Denham Springs, Louisiana, Ponchatoula Louisiana, Livingston Louisiana, Albany Louisiana, Amite Louisiana, Walker Louisiana and surrounding areas to ensure your personal injury case is handled right.

Check out our article on steps to follow when you have been in a car accident.

The following is the Louisiana Revised Statute 32:866. It is essential to visit the website to check the current status of the law for any updates.

§866. Compulsory motor vehicle liability security; failure to comply; limitation of damages

A.(1) There shall be no recovery for the first fifteen thousand dollars of bodily injury and no recovery for the first twenty-five thousand dollars of property damage based on any cause or right of action arising out of a motor vehicle accident, for such injury or damages occasioned by an owner or operator of a motor vehicle involved in such accident who fails to own or maintain compulsory motor vehicle liability security.

(2) For purposes of this Section, the meaning of “bodily injury” and “property damage” is governed by the applicable motor vehicle liability insurance policy or, in the event of security other than an insurance policy, the meaning of such terms is that which is commonly ascribed thereto.

(3)(a) The limitation of recovery provisions of this Subsection do not apply if the driver of the other vehicle:

(i) Is cited for a violation of R.S. 14:98 as a result of the accident and is subsequently convicted of or pleads nolo contendere to such offense.

(ii) Intentionally causes the accident.

(iii) Flees from the scene of the accident.

(iv) At the time of the accident, is in furtherance of the commission of a felony offense under the law.

(b) The limitation of recovery provisions of this Subsection do not apply if at the time of the accident, the other vehicle is not being operated and the vehicle is not in violation of the provisions of Chapter 1 of this Title.

B. Each person who is involved in an accident in which the other motor vehicle was not covered by compulsory motor vehicle liability security and who is found to be liable for damages to the owner or operator of the other motor vehicle may assert as an affirmative defense the limitation of recovery provisions of Subsection A of this Section.

C. If the owner of a motor vehicle, who fails to own or maintain compulsory motor vehicle liability security, institutes an action to recover damages in any amount, regardless of whether such owner or operator is at fault, and is awarded an amount equal to or less than the minimum amount of compulsory motor vehicle liability security, then such owner or operator shall be assessed and held liable for all court costs incurred by all parties to the action.

D. Each person who applies for a driver’s license, registers a motor vehicle, or operates or owns a motor vehicle in this state is deemed to have given his consent to be subject to and governed by the provisions of this Section. All persons who apply for the issuance or renewal of a driver’s license, motor vehicle title, or motor vehicle registration shall sign a declaration on a form developed by the Department of Public Safety and Corrections pursuant to rule and regulation that the person acknowledges and gives consent to the requirements and provisions of this Section and that the person will comply with all provisions of this Section and the Motor Vehicle Safety Responsibility Law. Proof of whether the person obtained or signed such declaration is irrelevant to the application of this Section.

E. Nothing in this Section shall preclude a passenger in a vehicle from asserting a claim to recover damages for injury, death, or loss which he occasioned, in whole or in part, by the negligence of another person arising out of the operation or use of a motor vehicle. This Subsection shall not apply to a passenger who is also the owner of the uninsured motor vehicle involved in the accident.

F.(1) Notwithstanding any provision of law to the contrary, no insurer shall lose any rights of subrogation for claims paid under the applicable insurance policy for the recovery of any sum in excess of the first fifteen thousand dollars of bodily injury and the first twenty-five thousand dollars of property damages.

(2) In claims where no suit is filed, the claimant’s insurer shall have all rights to recover any amount paid by the claimant’s insurer on behalf of the insured for the recovery of any sum in excess of the first fifteen thousand dollars of bodily injury and the first twenty-five thousand dollars of property damages.

G.(1) Except for newly acquired vehicles added to a policy subject to the policy terms, the issuance, change, or adjustment of any motor vehicle liability security or insurance policy subsequent to a motor vehicle accident, without proof of coverage having been bound prior to such motor vehicle accident, shall not effectuate any of the following:

(a) The recovery for injury or damages that are otherwise prohibited under this Section.

(b) The defeat of any affirmative defense otherwise allowed under this Section.

(2) Reinstatement provisions of a policy during the premium payment grace period specified in the policy shall not be invalidated by the provisions of this Section.

H. The provisions of this Part shall not apply to any vehicle which is legally parked at the time of the accident.

Acts 1997, No. 1476, §4, eff. Sept. 6, 1998; Acts 1999, No. 1085, §1, eff. Jan. 1, 2000; Acts 2003, No. 532, §1; Acts 2008, No. 921, §1, eff. Jan. 1, 2010; Acts 2014, No. 149, §1.

NOTE: See Acts 1997, No. 1476, §5(D)(2). The rate reduction day was the date on which the judgment in the lawsuit became final, May 8, 1998. Sections 2 through 4 became effective 120 days thereafter, Sept. 6, 1998.

IMPORTANT STEPS YOU NEED TO TAKE IF YOU’VE BEEN IN A CAR WRECK

You’ve just been in a car wreck, so what do you do next? Know this, insurance companies are in business make money, they collect premiums and fight, so they don’t have to pay claims, especially for personal injury. To help protect yourself, you need to follow these necessary steps and then call Sonja Bradley your lawyer for personal injury claims.

STAY WHERE YOU ARE, DON’T LEAVE THE ACCIDENT SITE.

You may feel you are alright, but sometimes severe injuries can occur in even a minor accident. You need to stay at the scene until emergency personnel arrives.

CHECK FOR INJURIES.

If you or anyone else involved in the accident has been hurt immediately call emergency personnel and request an ambulance.

CALL THE POLICE.

Notify the police of your accident, and this must be done right away and give them the location where the accident occurred. They will send an officer to the scene to gather information, investigate the crash, and make a fault determination. They will write this information in a report and file with their agency. You need to ask the officer for the report number and request his name and contact information. The more information you have, the better protected you are.

GATHER AS MUCH INFORMATION AS YOU CAN.

Most people have smartphones today, so take advantage of this technology and take pictures. Take pictures of the vehicles, the accident site, the other driver and passengers, the license plate of the other driver, the damage to the cars and the investigating officer. If there are witnesses, ask for their names and contact information and take a picture of them as well. If you don’t have a smartphone, take out a pen and paper and record this information. Information is vital.

When You Have Been a Car Wreck Contact Sonja Bradley Your Personal Injury Attorney in Hammond, Louisiana, Livingston Louisiana, Denham Springs Louisiana, Ponchatoula Louisiana, Albany Louisiana, Amite Louisiana and surrounding areas.

Negligence Law in Louisiana,

Have you been injured a car wreck in Louisiana? If so then, Louisiana’s laws on negligence are used to determine who’s responsible for the damages you suffered.

Louisiana’s negligence law, codified in Civil Code Article 2315 (A), states: Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it.

This statute is the basis for recovery in personal injury cases. Article 2315 is a broad statute and encompasses a wide range of negligent acts, and some actions are not so obvious.

Negligence and Duty Risk Analysis in Louisiana Law

For a person to establish a claim against another for negligence, a five-prong analysis was established by the courts.

Was the conduct a cause in fact of the harm? This is the “but for” question. If the plaintiff would not have been injured but for the defendant’s conduct, such conduct is a cause in fact.
Was a duty owed to the plaintiff by the defendant? Did the defendant owe a duty to the plaintiff, either by statute, regulation, or custom?
Did the defendant breach this duty? Did the defendant conform to the duty owed to the plaintiff?
What was the scope of duty breached? Was the obligation breached intended to protect this plaintiff from this type of harm? Although this is a legal question, the answer depends on case-specific facts to determine foreseeability and ease of association.
What damages were suffered by the plaintiff? Was the harm suffered caused by the breach of duty?

Is Louisiana a Comparative Negligence State?

Yes, Louisiana has a comparative negligence rule. If a party has some responsibility for the accident then comparative negligence rules apply.

In Louisiana, an injured party has the right to recover for injuries sustained in an accident. The right of recovery exists even if the injured party is over 50% at fault for causing the wreck.

Louisiana Civil Code 2323 is the Louisiana statute that established the basis for comparative negligence. Application of La. C.C. Art. 2323 reduces plaintiff’s claim in proportionate to the percentage of his or her fault.

In other words, you can recover damages for the percentage you were not at fault in causing. If you have a personal injury claim wherein you sustained $200,000.00 in damages, but you were 50% at fault, your recovery would be $100,000.00.

Having an attorney experienced in accident reconstruction, and fault determination are crucial to getting a fair outcome for you.

What is Negligence Per Se in a Personal Injury Case?

Negligence per se is a determination by a court that a party is guilty of negligence without the need to put the issue before a jury. In a personal injury case, the only remaining question is the amount of damages.

Negligence per se commonly occurs when a violation of law is involved in causing the injury. For example, a car is seen speeding through a red traffic signal, in a school zone, and smashing into a car with you inside.

You hire an attorney to file suit to recover the damages you suffered in the accident. His actions violated traffic laws against speeding in a school zone and failure to stop for a red traffic signal.

Because the traffic violations were a proximate cause of the damages, the judge can rule that the driver was negligent without wasting judicial resources.

Negligence per se applies does not apply to all violations of the law, but only violations that lead to the cause of the accident or injury. In other words, the offense must have a casual relationship to the crash.

For example, driving on the roads in Louisiana without a valid drivers license is a violation of state statute. This violation had no impact on the cause of the accident, and the doctrine of negligence per se would not be applicable.

What are the Two Types of Damages Allowed in Louisiana Tort Law?

Compensatory and punitive damages are the two types of damages a party can seek to recovery under Louisiana tort law.

Compensatory damages are the classification of losses suffered because of the negligence of another party.

The purpose of compensatory damages is to put you in the position you were in before the accident. On the other hand, punitive damages are designed to punish the party who caused your injuries.

Compensatory Damages

Within compensatory damages, there are two categories of damages, general and special damages. Louisiana civil code article 2315 (A) is the foundation for Louisiana negligence law and provides in section (B) the damages an aggrieved party can recover.

Art. 2315. Liability for acts causing damages

A. Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it.

B. Damages may include loss of consortium, service, and society, and shall be recoverable by the same respective categories of persons who would have had a cause of action for wrongful death of an injured person. Damages do not include costs for future medical treatment, services, surveillance, or procedures of any kind unless such treatment, services, surveillance, or procedures are directly related to a manifest physical or mental injury or disease. Damages shall include any sales taxes paid by the owner on the repair or replacement of the property damaged

Special damages are usually easier to determine. They are the actual hard dollars lost because of the accident. The following are some examples of special damages:

Past medical expenses
Past lost wages
Future lost wages
Automobile repair costs
Personal expenses for items lost or replaced
Future Medical expenses
Funeral and burial expenses

General damages are not as easy to quantify; they include personal losses such as:

Past pain and suffering
Future pain and suffering
Mental anguish
Loss of enjoyment of life
Consortium (loss of service, society or spousal/family relationships)

Punitive Damages

Louisiana allows recovery for punitive damages in limited situations. La. LA Civ Code 3546 provides as follows:

Punitive damages may not be awarded by a court of this state unless authorized:

(1) By the law of the state where the injurious conduct occurred and by either the law of the state where the resulting injury occurred or the law of the place where the person whose conduct caused the injury was domiciled; or

(2) By the law of the state in which the injury occurred and by the law of the state where the person whose conduct caused the injury was domiciled. LA Civ Code 3546

The following list is situations allowing recovery of punitive damages:

If you have suffered an injury as the result of domestic violence;
If you have sustained an injury in an accident with a drunk driver or other instance of gross negligence;
If you have sustained an injury by a product that has injured many people;
If you have sustained an injury because of a dangerous situation which was known but ignored;
If you have sustained an injury in a physical attack;
If a defendant engaged in criminal sexual activity with a person less than 17 years old.

If you have been involved in an accident, you need an attorney working for you that knows Louisiana negligence laws. The right attorney knows all aspects of the damages you are entitled to recover and how to maximize your recovery.

Sonja Bradley has helped many victims throughout south Louisiana obtain settlements and verdicts against defendants and their insurance companies.

If you want someone by your side, with experience and knowledge to ensure you receive the compensation you deserve, contact our offices in either Hammond or Livingston, Louisiana. Interested in reading more on Louisiana law visit our blog posts or click here to read about Louisiana’s No Pay, No Play laws.