Many Louisiana residents enjoy riding their motorcycles on our scenic highways. But when an accident occurs, motorcyclists often suffer devastating injuries. If you were injured or lost a loved one in a motorcycle accident caused by another party’s negligence, you may be entitled to recover significant compensation.
However, insurance companies will work to shift blame to avoid liability. If you were not wearing a helmet, they will likely attempt to deny your claim. You need the help of an experienced Baton Rouge motorcycle accident lawyer to protect your rights and help you secure maximum compensation for your damages.
At Chris Corzo Injury Attorneys, our motorcycle accident attorneys have decades of experience protecting the rights of injury victims and their families. We have helped recover billions of dollars in client compensation, and we are committed to helping you obtain the justice and compensation you deserve.
Call (225) 999-1111 or visit our contact page and schedule a free consultation to discuss your claim.
Motorcycle Helmets Are Required in Louisiana
Wearing a helmet reduces your chances of significant injury and death in a motorcycle crash. According to the National Safety Council, helmets are 37% effective in preventing fatal injuries for operators and 41% effective in preventing fatal injuries to passengers.
All motorcycle operators and passengers must wear a helmet under Louisiana motorcycle laws.
Louisiana Revised Statute §32:190(A) provides:
“No person shall operate or ride upon any motorcycle, motor-driven cycle, or motorized bicycle unless the person is equipped with and is wearing on the head a safety helmet of the type and design manufactured for use by operators of such vehicles, which shall be secured properly with a chin strap while the vehicle is in motion. All such safety helmets shall consist of lining, padding, visor, and chin strap and shall meet such other specifications as shall be established by the commissioner.”
Louisiana Comparative Negligence Law
Effective January 1, 2026, Louisiana moved from a pure comparative fault model to a modified comparative fault model with a 51% bar to recovery.
As outlined in Louisiana Civil Code Article 2323, Louisiana now follows a modified comparative negligence model, in which each party’s fault is determined by percentages that add up to 100%. If an injured person is deemed to be 51% or more at fault for their injuries, they will be barred from recovering any compensation for their damages.
If the injured person is less than 51% at fault, they can recover compensation, but it will be reduced in proportion to their fault. For example, if your damages total $100,000 and you are determined to be 40% at fault in the accident, you could recover only $60,000 after your percentage of fault is deducted.
Insurance companies now work harder than ever to shift blame to the injury victim, hoping to avoid liability entirely. Every percentage point of fault assigned to the victim reduces the amount they must pay. You need the assistance of an experienced motorcycle accident attorney in Baton Rouge with a proven record of success to help you obtain the full value of your damages.
Contact an Experienced Baton Rouge Motorcycle Accident Lawyer
Our motorcycle accident attorneys have the experience, skills, and resources to build your strongest case and help you recover maximum compensation for your damages. Call (225) 999-1111 or complete the short form on our contact page to schedule a free consultation with a motorcycle accident lawyer in Baton Rouge to discuss your claim.
Frequently Asked Questions:
Can I File a Claim If I Wasn’t Wearing a Helmet in Louisiana?
Yes, you can file a claim if you were not wearing a helmet in Louisiana. However, not wearing a helmet may reduce the amount of compensation you can recover.
An experienced motorcycle accident attorney in Baton Rouge, LA, can help you navigate these complexities and build the strongest possible case despite not wearing a helmet.
How Will Not Wearing a Helmet Affect My Injury Claim?
Not wearing a helmet could reduce the compensation you can recover. If your injuries are caused or worsened because you did not wear a helmet, fault may be attributed to you.
If you are deemed to be 51% or more at fault, you will not be able to recover any compensation. If you are less than 51% at fault, you can recover compensation, but your percentage of fault will reduce it.
Are Helmets Required in Louisiana?
Yes, Louisiana law requires operators and their passengers to wear helmets that meet Department of Transportation safety standards.
Are Adult Passengers Required to Wear a Helmet in Louisiana?
Yes, all motorcycle operators and passengers must wear a helmet in Louisiana, regardless of age.
Does Wearing a Helmet Guarantee I Will Recover Full Compensation For My Damages?
No, wearing a helmet does not guarantee that you will recover full compensation for your damages. It still matters whether you were partially at fault in the accident.
If you are 50% or less at fault, you can recover compensation, but it will be reduced by the percentage of fault assigned to you. If you are more than 50% at fault, you will not be able to recover any compensation, even if you were wearing a helmet.
If the Other Driver is At Fault, Why Does It Matter Whether I Was Wearing a Helmet?
It matters because if your injuries are more severe because you were not wearing a helmet, your compensation can be reduced or barred.
Consulting with an experienced motorcycle accident attorney can help you understand how helmet use may impact your specific case and what compensation you may be entitled to recover.
Can I Recover Compensation For a Head Injury If I Was Not Wearing a Helmet?
Yes, it is possible to recover compensation for a head injury even if you were not wearing a helmet. But it depends on the specific facts of your case. If your fault in the accident that caused your head injury is equal to or greater than 51%, you will not be able to recover compensation.
How Long Do I Have to File a Motorcycle Accident Claim?
You typically have two years from the date of your motorcycle accident to file a claim. However, there are some exceptions to the two-year filing deadline. So, you must promptly consult an experienced motorcycle accident lawyer in Baton Rouge to help ensure you file your claim on time.