Almost half of the highway traffic deaths in Louisiana in 2023 occurred on Interstate-10. Interstates 49 and 20 were also found to be more deadly than other routes. Additionally, research revealed that the most dangerous section of I-10 in Louisiana is on the eastbound side between exit 231A and Exit 239B. Blues Highway, I-12 West, US-190, US-61, US-165, and Walker South Road were all also found to have more than their fair share of accidents (1).
If you consider that motorcycle accidents are typically even more lethal, this makes biking the I-10 on two wheels even scarier. From determining fault to calculating damages, the unique nature of motorcycle accidents adds an additional layer of complexity. If you’ve been injured in a motorcycle accident on the I-10 or anywhere in Louisiana, the New Orleans personal injury lawyers at Egenberg Trial Lawyers are happy to answer any questions you may have.
In Louisiana, both motorcyclists and other drivers have a legal duty to exercise reasonable care while on the road. This means following traffic laws, maintaining a safe distance from other vehicles, and obeying speed limits. When a driver breaches this duty of care by acting negligently or recklessly, and a motorcycle accident results, they are legally responsible for the damages caused.
Louisiana follows a comparative fault system, which means that fault can be allocated between multiple parties involved in an accident. The comparative fault system determines the amount of compensation each party is entitled to receive, based on their percentage of fault. For example, if the court determines that a motorcyclist was 20% at fault for the accident, their compensation will be reduced by 20%. However, if a motorcyclist’s fault is determined to be 51+%, they are generally not eligible to recover any damages.
Another important law for motorcyclists to be aware of In Louisiana is our helmet requirements. The use of helmets is mandatory for all motorcycle riders and passengers. This law applies to everyone, regardless of age or experience level. Furthermore, eye protection is mandatory when aboard a motorcycle in Louisiana unless the bike has a windshield.
In Louisiana, all motorcycle owners are also required to at least carry liability insurance, which covers the damages and injuries caused to others in an accident. If you are injured though, this isn’t going to help you. The minimum coverage mandated by the state of Louisiana is $15,000 for bodily injury to one person, $30,000 for bodily injury to multiple people, and $25,000 for property damage. Lots of motorcyclists carry higher limits of liability coverage to help cover their medical expenses, lost wages, and property damage in the event that they get hit by someone who is under- or uninsured.
Moreover, the statute of limitations may be the most important state law to consider. The statute of limitations is the timeframe within which you can file a lawsuit after being injured in an accident. In Louisiana, the statute of limitations for personal injury cases, including motorcycle crashes, is one year from the date of the accident. This deadline is firm with limited exceptions. Don’t delay!
We, as New Orleans personal injury attorneys, do see a disproportionately high number of both auto and motorcycle accidents on the I-10. Research shows that there were 122 deaths in 2021 on all Louisian interstates. Interstate-10, however, was the most deadly. There were 54 fatalities on I-10 in 2021, which far exceeds Louisiana’s other freeways. If 54 seems high, consider that 57 motorists died on I-10 in 2018.
As New Orleans residents ourselves who also have to drive on I-10, here are some alternate routes we recommend:
Hiring a New Orleans personal injury lawyer can significantly benefit your case in the following ways:
Seasoned New Orleans personal injury attorneys like Egenberg Trial Lawyers have an in-depth understanding of Louisiana motorcycle accident laws and can deal with the legal minutiae on your behalf. We will ensure that you meet the necessary deadlines for filing a claim, gather the required evidence, and build an iron-clad case.
Insurance companies try to minimize their payouts and deny claims altogether. A savvy New Orleans personal injury lawyer will stand up for your rights and motivate the insurance company to cough up a proper settlement. We staunchly advocate for fair compensation, taking into account your medical expenses, lost wages, pain and suffering, and the cost of future treatments.
If a fair settlement cannot be reached through negotiation, as your attorney, we are prepared to take your case to trial. We have the know-how and background to persuasively present your case in court, ensuring that your rights are respected and you have the best chance of receiving the financial compensation you are legally entitled to.
Like most personal injury lawyers in New Orleans, we work on a contingency fee basis, which means we only get paid if we win your case. This allows you to pursue legal action and focus on recuperating from your injuries without the financial burden of paying a retainer or by the hour.
Motorcycle accidents are nothing short of horrendous. Egenberg Trial Lawyers will work with precision and care to pursue the monetary compensation you deserve for your injuries, medical bills, pain and suffering, and other damages. Our staff of hard-working New Orleans personal injury attorneys handles motorcycle cases day in and day out. We are dedicated to protecting the rights of motorcyclists. To get some help pushing back against the stingy insurance company, contact us now for a free legal consultation and case review.