1. The Womac Law Firm
Practice Focus: Motorcycle accidents, car accidents, 18-wheeler accidents, catastrophic personal injury, slip and fall accidents, maritime personal injury, wrongful death claims, company vehicle accidents
Case Types Handled: Left-turn motorcycle accidents, rear-end collisions involving motorcycles, drunk driver motorcycle accidents, distracted driver accidents, multi-vehicle motorcycle accidents, uninsured motorist claims, underinsured motorist claims, wrongful death motorcycle cases, motorcycle passenger injury claims
Legal Services: Negligence investigation, accident reconstruction, witness interviews, police report analysis, insurance claim negotiation, personal injury protection claims, litigation, trial representation, settlement negotiations, medical lien resolution, property damage claims, lost wage recovery, pain and suffering claims, wrongful death claims
Background: Edward J. Womac, Jr. founded the firm in 1983. Graduate of Louisiana State University Law School. Member of the Louisiana State Bar Association, American Bar Association, American Association for Justice, Jefferson Bar Association, and Louisiana Association for Justice. Trustee Emeritus of the LSU Law Center Alumni Board of Trustees. Member of the Visiting Committee for Loyola New Orleans College of Law. The firm has represented over 40,000 personal injury victims. Licensed 41+ years. In good standing with the Louisiana State Bar.
Location: 4902 Canal Street, New Orleans, LA 70119
Contact: (504) 470-3935 | https://www.edwardwomac.com
Consultation: Free consultations available. Contingency fee arrangement (no fee unless recovery is obtained).
2. Law Office of Glenn C. McGovern
Practice Focus: Motorcycle accidents, personal injury, civil rights litigation, product liability involving motorcycles, defective motorcycle parts claims, brain injuries from motorcycle crashes, wrongful death motorcycle cases
Case Types Handled: Motorcycle vs. car collisions, motorcycle vs. truck collisions, defective motorcycle accidents, uninsured motorist motorcycle accidents, underinsured motorist motorcycle accidents, single-vehicle motorcycle accidents, road hazard motorcycle accidents, wrongful death motorcycle cases
Legal Services: Negligence investigation, motorcycle accident reconstruction, focus group case evaluation, insurance claim negotiation, uninsured/underinsured motorist claims, litigation, trial representation, settlement negotiations, product liability claims, defective parts analysis, medical expense recovery, lost wage claims, pain and suffering damages
Background: Glenn C. McGovern has practiced law since 1977. Graduate of Loyola University New Orleans School of Law (J.D. 1977). Martindale-Hubbell AV Rated (highest rating for legal ability and ethics). Super Lawyers selection. All attorneys in the firm are licensed motorcyclists. Glenn McGovern is a competitive motorcycle racer who has raced in AMA national competitions and NMA national competitions. First American to enter the FIM World Veterans Motocross 50+ class in Europe (2007). Head of Advocacy and Legislation for ABATE of Louisiana, representing motorcycle clubs before the state legislature (pro bono). Admitted to U.S. District Court Eastern, Middle, and Western Districts of Louisiana and U.S. Court of Appeals 4th Circuit. Member of Million Dollar Advocates Forum.
Location: 2901 Division Street, Suite 201, Metairie, LA 70002
Contact: (504) 456-3610 | [email protected] | https://glennmcgovern.com
Consultation: Free consultations available. Will travel to client location if injured. Contingency fee arrangement.
3. Wright Gray Trial Lawyers
Practice Focus: Motorcycle accidents, car accidents, truck accidents, wrongful death, brain injuries, pedestrian accidents, boating accidents, premises liability, nursing home abuse
Case Types Handled: Left-turn motorcycle accidents, lane switching accidents, rear-end motorcycle collisions, no-contact motorcycle accidents, motorcycle collisions with stationary objects, single-bike motorcycle accidents, drunk driver motorcycle accidents, distracted driver motorcycle accidents, wrongful death motorcycle cases
Legal Services: Negligence investigation, accident reconstruction, witness interviews, police report analysis, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical expense recovery, lost wage claims, pain and suffering damages, loss of consortium claims, wrongful death claims, property damage claims
Background: Eric A. Wright has over 20 years of litigation experience. Graduate of Tulane University Law School. Member of the Louisiana State Bar Association, National Bar Association, American Association for Justice, Lawyers of Distinction, Louisiana Association for Justice, and Federal Bar Association. Admitted to practice in Louisiana and Louisiana Eastern, Middle, and Western Federal District Courts. Daryl A. Gray is also a partner with extensive trial experience. The firm has recovered tens of millions in settlements, judgments, and verdicts for clients.
Location: 201 St. Charles Avenue, Suite 2710, New Orleans, LA 70170
Contact: (504) 500-0000 | https://wrightgray.com
Consultation: Free consultations available. Contingency fee arrangement.
4. Mike Brandner Law
Practice Focus: Motorcycle accidents, car accidents, truck accidents, wrongful death, traumatic brain injuries, offshore injuries, hurricane insurance claims
Case Types Handled: Motorcycle vs. car collisions, motorcycle vs. truck collisions, drunk driver motorcycle accidents, distracted driver motorcycle accidents, defective motorcycle accidents, product liability claims, uninsured motorist motorcycle accidents, underinsured motorist motorcycle accidents, wrongful death motorcycle cases
Legal Services: Negligence investigation, accident reconstruction, witness interviews, police report analysis, insurance claim negotiation, bad faith insurance claims, litigation, trial representation, settlement negotiations, medical expense recovery, lost wage claims, pain and suffering damages, mental anguish claims, loss of consortium claims, wrongful death claims
Background: Michael S. Brandner Jr. founded the firm with over two decades of litigation experience. Graduate of Loyola University New Orleans School of Law (J.D. 2002) and Louisiana State University (B.A. 1999). Also holds LL.M. in Tax Law from Boston University. Graduate of Gerry Spence’s Trial Lawyers College. Mr. Brandner was personally injured in a car accident and underwent multiple surgical procedures, giving him firsthand experience with the insurance claim process. Member of plaintiff steering committee in Hard Rock Hotel collapse litigation. Represented clients in BP Oil Spill claims and major hurricane insurance claims. In good standing with Louisiana State Bar.
Location: 3632 N Interstate 10 Service Rd W, Metairie, LA 70002
Contact: (504) 345-1111 | https://mikebrandner.com
Consultation: Free consultations available 24/7. Contingency fee arrangement (no fee unless case is won).
5. Charbonnet Law Firm
Practice Focus: Motorcycle accidents, car accidents, truck accidents, wrongful death, premises liability, personal injury
Case Types Handled: Left-turn motorcycle accidents, intersection motorcycle accidents, highway motorcycle accidents, drunk driver motorcycle accidents, distracted driver motorcycle accidents, uninsured motorist motorcycle accidents, underinsured motorist motorcycle accidents, wrongful death motorcycle cases
Legal Services: Negligence investigation, accident reconstruction, evidence collection, insurance claim negotiation, uninsured/underinsured motorist claims, litigation, trial representation, settlement negotiations, medical expense recovery, lost wage claims, pain and suffering damages, wrongful death claims, property damage claims
Background: The firm has over 50 years of combined legal experience serving families in New Orleans and surrounding areas. Deep roots in the New Orleans community with extensive knowledge of Louisiana motorcycle laws. Handles cases throughout the Greater New Orleans area. Licensed and in good standing with the Louisiana State Bar.
Location: New Orleans, Louisiana (Greater New Orleans Area)
Contact: https://www.charbonnetlawfirm.com
Consultation: Free consultations available. Contingency fee arrangement.
Motorcycle Accident Laws and Regulations in Louisiana
Statute of Limitations for Personal Injury Claims: Louisiana has one of the shortest statutes of limitations in the nation. Injured motorcyclists have only ONE YEAR from the date of the accident to file a personal injury claim. This applies to both injury and property damage claims. Louisiana Civil Code Article 3492 governs delictual (tort) actions.
Statute of Limitations for Wrongful Death Claims: One year from the date of death.
Fault vs. No-Fault State: Louisiana is a fault-based (tort) state. The at-fault party and their insurance company are responsible for compensating the injured victim.
Comparative Negligence Rules: Louisiana follows a pure comparative fault system under Louisiana Civil Code Article 2323. If you are found partially at fault, your compensation will be reduced by your percentage of fault. You can still recover damages even if you are more than 50% at fault, though your recovery will be reduced proportionally.
Minimum Motorcycle Insurance Requirements:
Bodily Injury: $15,000 per person / $30,000 per accident
Property Damage: $25,000 per accident
Helmet Laws: Louisiana has a universal helmet law (R.S. 32:190). ALL motorcycle operators and passengers must wear DOT-approved helmets regardless of age. Helmets must include lining, padding, visor, and chin strap, and must be secured with a chin strap while the motorcycle is in motion. Violation results in a $50 fine. The law has been in place since 2004.
Eye Protection Requirements: Required by law unless the motorcycle is equipped with a windscreen. Eye protection must adequately cover the eyes. Tinted eyewear is prohibited for night riding.
Lane Splitting/Lane Filtering: Illegal in Louisiana. Motorcyclists may not maneuver between cars or lanes regardless of speed.
Motorcycle Licensing Requirements: Louisiana requires a motorcycle endorsement (“M”) on your driver’s license. You must pass a knowledge and skills test with at least 80% score, or complete a Department of Public Safety Motorcycle Safety, Awareness, and Operators Training Program.
Motorcycle Equipment Requirements: Handlebars cannot be at a height requiring the motorcyclist to hold hands above shoulder level. Both hands must remain on handlebars at all times while motorcycle is in motion.
Uninsured/Underinsured Motorist Coverage: UM/UIM coverage is automatically included in Louisiana auto policies unless you specifically reject it in writing. This coverage protects you when at-fault drivers lack adequate insurance.
Passenger Restrictions: Passengers must sit in a permanent seat attached to the motorcycle. Children required to be in child safety seats in cars are prohibited from riding on motorcycles.
Helmet Use as Evidence: Not wearing a helmet generally cannot be considered comparative fault. The at-fault driver typically cannot blame your injuries on helmet non-compliance.
Damage Caps: Louisiana does not have caps on compensatory damages in personal injury cases. Punitive damages are available in cases involving egregious conduct.
Dram Shop Liability: Louisiana has dram shop laws allowing injured parties to potentially recover from establishments that served alcohol to intoxicated drivers who cause accidents.
Frequently Asked Questions
Q: How long do I have to file a motorcycle accident lawsuit in Louisiana?
A: Louisiana has a one-year statute of limitations for personal injury claims, which is among the shortest in the United States. This deadline begins on the date of the accident. If you miss this deadline, courts will likely dismiss your case and you will be barred from recovery. The same one-year deadline applies to wrongful death claims. There are very limited exceptions where courts may extend this period, such as when the plaintiff was a minor at the time of the accident or when the injury was discovered after the accident date.
Q: Can I still recover damages if I was partially at fault for my motorcycle accident in Louisiana?
A: Yes. Louisiana follows a pure comparative fault system under Civil Code Article 2323. This means you can still recover compensation even if you were partially at fault, but your recovery will be reduced by your percentage of fault. For example, if you are found 30% at fault and your damages total $100,000, you would receive $70,000. Unlike some states, Louisiana does not have a threshold that bars recovery if you exceed a certain percentage of fault.
Q: What happens if I was not wearing a helmet when injured in a motorcycle accident in Louisiana?
A: While failing to wear a helmet violates Louisiana law (R.S. 32:190) and can result in a $50 fine, not wearing a helmet generally cannot be used as evidence of comparative fault to reduce your recovery. The at-fault driver’s negligence caused the accident regardless of your helmet use. However, defense attorneys may attempt to argue that your head or brain injuries would have been less severe had you worn a helmet. An experienced motorcycle accident attorney can help counter these arguments.
Q: Is lane splitting legal in Louisiana, and how does it affect accident claims?
A: Lane splitting is illegal in Louisiana. Motorcyclists are prohibited from riding between rows of cars or passing vehicles in the same lane. If you are involved in an accident while lane splitting, this could be used as evidence of comparative negligence on your part, potentially reducing your compensation. However, even if you were lane splitting, you may still be entitled to some recovery if the other driver was also negligent.
Q: What compensation can I recover in a Louisiana motorcycle accident case?
A: Louisiana motorcycle accident victims may recover economic damages including medical expenses (past, present, and future), lost wages, loss of earning capacity, property damage, and rehabilitation costs. Non-economic damages include pain and suffering, mental anguish, loss of enjoyment of life, and disfigurement. Surviving family members may recover wrongful death damages including loss of consortium, funeral expenses, and loss of financial support. In cases involving particularly egregious conduct, punitive damages may also be available.