Motorcycle accidents happen fast, and the moments right after a crash can feel chaotic and disorienting. But what you do in those first minutes, hours, and days can have a major impact on both your health and your ability to recover compensation later. Here’s what every rider in Louisiana should know.
Our Baton Rouge motorcycle accident lawyers at Chris Corzo Injury Attorneys put together this guide to help riders across the state protect themselves after a crash.
Step 1: Get to Safety and Call 911
If you’re able to move, get yourself and your motorcycle out of the lane of traffic to avoid being struck again. Call 911 immediately, even if your injuries seem minor.
Motorcycle accidents frequently cause injuries that aren’t obvious right away. A police response also ensures an official report gets filed, which will matter later, regardless of which Louisiana city or parish you’re in.
Step 2: Seek Medical Attention Right Away
Even if you feel like you can walk away from the crash, get checked out by a medical professional as soon as possible. Adrenaline can mask pain and injury symptoms for hours or even days.
Prompt medical care not only protects your health. It also creates a documented record connecting your injuries to the accident, which insurance companies will look for when evaluating your claim.
Step 3: Document the Scene
If you’re physically able, gather as much evidence as you can before leaving the scene, including:
- Photos of vehicles involved, the road conditions, and any visible injuries
- The other driver’s contact and insurance information
- Contact information for any witnesses
- The responding officer’s name and badge number, along with the report or case number
This evidence can become difficult or impossible to gather once you’ve left the scene, so capturing it early matters.
Step 4: Do Not Admit Fault or Apologize
It’s natural to want to explain what happened, but avoid making statements about who was at fault. Even a polite “I’m sorry” can later be used against you. Stick to exchanging basic information and let the investigation determine what happened.
Step 5: Be Careful with Insurance Companies
The at-fault driver’s insurance company may reach out quickly, sometimes within days, asking for a recorded statement. You are not obligated to provide one, and it’s generally best not to until you’ve spoken with a motorcycle accident attorney.
Insurance adjusters are trained to ask questions designed to minimize what they pay, and even a casual remark can be used to reduce your claim.
Step 6: Preserve Your Gear and Evidence
Don’t repair or discard your motorcycle, helmet, or riding gear until your case is resolved. Damage to your gear and bike can serve as important evidence of the collision’s force and may help establish how the crash occurred.
Step 7: Understand Louisiana’s Comparative Fault Rules
Louisiana follows modified comparative fault under Louisiana Civil Code Article 2323. You can still recover compensation as long as you are not more than 50 percent at fault for the accident, though your percentage of responsibility will reduce your award.
Because motorcyclists are sometimes unfairly assumed to be at fault simply for being on a bike, having strong documentation and skilled legal representation matters even more in these cases.
Step 8: Know Your Filing Deadline
In Louisiana, injury victims generally have two years from the date of the accident to file a motorcycle accident lawsuit, under Louisiana Civil Code Article 3493.1. Missing this deadline can permanently bar you from recovering compensation, so it’s important not to wait too long to pursue your claim. You also want to act quickly to help preserve vital evidence that can be lost or destroyed soon after an accident.
Additionally, there are exceptions to the two-year filing deadline. You could have a shorter time to act or an extended deadline. You must promptly consult an experienced Baton Rouge motorcycle accident lawyer to understand your filing deadline.
Step 9: Talk to a Motorcycle Accident Attorney
Motorcycle accident claims often involve unique challenges, including bias against riders and more severe injuries than typical car accidents. An experienced motorcycle accident lawyer can investigate the crash, deal with insurance companies on your behalf, and fight to make sure you’re treated fairly, whether your accident happened in Baton Rouge, New Orleans, or anywhere else in the state.
Talk to an Experienced Baton Rouge Motorcycle Accident Lawyer
If you were injured in a motorcycle accident, you don’t have to navigate the aftermath alone. At Chris Corzo Injury Attorneys, our motorcycle accident lawyers understand the unique challenges riders face and are ready to fight for the compensation you deserve.
Call our motorcycle accident attorneys in Baton Rouge at (225) 999-1111 or complete the short form on our contact page to schedule your free consultation. We’re available 24/7, and you pay nothing unless we win.