Motorcycle accident
Motorcycle Accident Attorneys in New Orleans, Louisiana
The firms in this guide
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.
Damages, Divided Liability and Survival Actions for New Orleans Motorcycle Crashes
A New Orleans motorcycle crash claim rests on Louisiana’s general rule that fault obliges repair, with damages that can include loss of consortium for listed family members. Louisiana divides liability among several tortfeasors by each one’s degree of fault, sets the other driver’s liability minimums, and keeps a rider’s own claim alive for listed survivors after a fatal crash.
The Basic Rule and Its Damages
Under Louisiana Civil Code article 2315(A), every act of a person that causes damage to another obliges the one at fault to repair it. Under (B), damages may include loss of consortium, service and society, recoverable by the same categories of persons who could bring a wrongful death action, but do not include future medical treatment unless it is directly related to a manifest physical or mental injury or disease.
More Than One Tortfeasor
Under Civil Code article 2324(A), a person who conspires with another to commit an intentional or willful act is answerable in solido for the damage. Otherwise, under (B), liability is a joint and divisible obligation, and a joint tortfeasor is not liable for more than that tortfeasor’s degree of fault, regardless of another person’s insolvency or immunity.
The Other Driver’s Liability Minimums
Under Louisiana Revised Statutes 32:900(B)(2), a motor vehicle liability policy must cover at least $15,000 for bodily injury to or death of one person, $30,000 for two or more persons and $25,000 for damage to property of others in one accident.
When an Injured Rider Dies
Under Civil Code article 2315.1(A), the right to recover all damages for the injured person’s injury survives for one year from the death or two years from the day the injury was sustained, whichever is longer, in favor of the surviving spouse and children first, then the parents, then the siblings, then the grandparents.
New Orleans Motorcycle Accident Questions
How long do I have to sue?
Under Civil Code article 3493.1, delictual actions prescribe in two years from the day injury or damage is sustained. For an injury sustained before July 1, 2024, confirm with counsel whether the earlier one-year period applies. Against the State or a political subdivision, Revised Statutes 13:5106(B) caps general damages for one person’s injury at $500,000.
Can I recover if I was partly at fault?
Yes, if your negligence is below 51 percent. Under Civil Code article 2323(A)(2), as amended effective January 1, 2026, a person 51 percent or more negligent recovers nothing, and below that damages are reduced in proportion. For example, imagine $80,000 in damages and 25 percent of the negligence on the rider: the recovery would be $60,000. Which version of the article governs a crash before January 1, 2026 is a question to confirm with counsel.
What if I was riding without insurance?
Under Revised Statutes 32:866(A)(1), an owner or operator without compulsory liability security cannot recover the first $100,000 of bodily injury or the first $100,000 of property damage, unless an exception in (A)(3) applies, such as the other driver fleeing the scene or being convicted of operating while intoxicated.