Can I Sue After a Motorcycle Accident if I Wasn’t Wearing a Helmet in Louisiana?

Can I sue after a motorcycle accident if I wasn’t wearing a helmet in Louisiana? Yes, you can sue after a motorcycle accident in Louisiana, even if you weren’t wearing a helmet. A New Orleans motorcycle accident lawyer can talk with you about what a lawsuit entails and what it will take for you to secure compensation from any liable parties.

What to Know About Suing After Your Motorcycle Accident

Remember, you can sue following a motorcycle accident if you weren’t wearing a helmet in Louisiana. Yet, your case results will be largely dependent on who you choose as your legal representation for your motorcycle crash lawsuit.

Trust a personal injury attorney who has earned many positive client testimonials to help you with your case. Ideally, this lawyer will have plenty of experience with motorcycle collision cases. They will use what they know to build an argument to show a judge or jury that you should be compensated for your accident losses.

Scott Vicknair Injury Lawyers is a Louisiana personal injury law firm that consistently fights for the win. Our team has 121 years of combined experience. We can guide you through what to do after a motorcycle accident in Louisiana. If you weren’t wearing a helmet but want to sue a liable party, we’re here to help. To get started, schedule a free case review.

Comparative Fault Can Affect Your Case If You Sue After a Louisiana Motorcycle Accident

Per Louisiana Civil Code Article 2323, you may be subject to comparative fault if you want to sue after a motorcycle accident but were not wearing a helmet in Louisiana. With comparative fault, a judge or jury may find that you’re partly liable for your accident losses. This can impact the compensation that you get from other parties involved in your accident.

If your motorcycle accident took place before January 1, 2026, pure comparative negligence may apply. This means you may get money from anyone at fault for your motorcycle crash if you’re partly to blame. In this situation, your damages may be reduced by your degree of fault. For example, if you’re 20% liable, you may get 80% of the damages that you requested.

If your motorcycle accident occurred on or after January 1, 2026, you may have to account for modified comparative fault in your case. Louisiana’s modified comparative fault rule bars a judge or jury from awarding damages if you’re more than 50% liable. Or, if you’re 1-50% at fault, your damages may be reduced by your percentage of fault.

Your Injuries Can Dictate Whether You’re Able to Sue After a Motorcycle Accident If You Weren’t Wearing Your Helmet

Road rash, burns, and other injuries from your motorcycle accident may be unrelated to any head trauma that you experience due to this incident. If you want to sue after a motorcycle accident and you were not wearing a helmet, your attorney will need to understand the full medical picture.

You may wonder if your insurance will cover your motorcycle accident in Louisiana. Statewide, motorcycle insurance is at-fault. If you cause a motorcycle crash, your insurer may compensate others for their losses. However, if someone else is to blame for your accident, your insurer may engage with the insurance companies of other parties to determine who’s at fault.

If you weren’t wearing your helmet, the insurance companies of any parties liable for your motorcycle accident may try to use this fact to contest or reject your claim. Your personal injury attorney knows the tactics that insurers use to avoid having to provide compensation. They can negotiate a settlement with an insurer or, if necessary, proceed with a lawsuit for you.

Don’t Leave Anything to Chance If You Were Not Wearing a Helmet

Those who are considering suing after motorcycle accidents in Louisiana in which they weren’t wearing a helmet shouldn’t speak with the insurance companies of other parties involved in these incidents. Otherwise, what you say to an at-fault party’s insurer may hurt your chances of getting money for your accident losses.

Remember, a liable party’s insurance company is focused exclusively on the needs of their client. The business wants you to take responsibility for a motorcycle accident so it doesn’t have to pay your claim. In the same vein, if you discuss your accident with a liable party, you could compromise your case for damages from them.

Have a motorcycle crash lawyer communicate and collaborate with other parties involved in your case on your behalf. Your attorney can keep you updated about all conversations they have about your case. Plus, they can provide you with a personal injury claim guide and other legal resources as they prepare your case for trial.

It Can Be Difficult to Secure Fair Compensation If You Weren’t Wearing a Helmet in a Motorcycle Accident

You don’t have to sue after a motorcycle crash if you were not wearing a helmet in the state of Louisiana alone. Partner with a motorcycle collision attorney, as they will help you make informed decisions throughout your case proceedings.

Be open and honest with your attorney about your motorcycle accident. If you hide the fact that you weren’t wearing your helmet, this may come out on its own during your litigation. At this point, your decision not to disclose this information to your lawyer may damage your case.

Your lawyer can craft an argument designed to prove to a judge or jury that you’re not liable for your motorcycle accident, regardless of whether you were wearing a helmet when it occurred. On top of that, they can gather evidence and take other measures as they search for ways to show a judge or jury that a liable party acted negligently.

Scott Vicknair Injury Lawyers Can Help You Sue After a Motorcycle Accident If You Weren’t Wearing a Helmet in Louisiana

Scott Vicknair Injury Lawyers gives you access to experienced motorcycle collision lawyers. We can describe whether you can sue following a motorcycle collision if you were not wearing a helmet in Louisiana. If you want to file a motorcycle crash claim or lawsuit, we have you covered. Contact us today for more information.