A Kenner motorcyclist injured in a serious crash often faces a genuinely uphill legal battle that a car accident victim simply never encounters at all, since jurors and insurance adjusters frequently assume the rider was speeding or acting recklessly without any evidence whatsoever supporting that belief. Understanding this bias changes considerably how a motorcycle accident claim should actually be built from the very beginning of the case.
Louisiana Requires Every Motorcyclist to Wear a Helmet
Louisiana law requires all motorcycle operators and passengers riding on public roads to wear a proper helmet meeting federal safety standards established by regulation, regardless of the rider’s age or riding experience level. A Kenner motorcycle accident lawyer addresses helmet use directly and proactively in every case taken on, since insurers often raise it even when it had no genuine bearing at all on how the underlying crash occurred in the first place.
Helmet Use Can Still Reduce Recovery Under Comparative Fault
Under Louisiana’s pure comparative fault system, failing to wear a legally required helmet can potentially reduce a rider’s overall financial recovery if that failure contributed meaningfully to the severity of their injuries sustained in the crash. Common ways this issue plays out in a real case include:
- Insurers arguing that head injuries sustained would have been considerably less severe with a proper approved helmet
- Physicians disputing carefully and thoroughly whether a helmet would have genuinely changed the ultimate outcome
- Riders wearing a fully approved and properly fastened helmet still facing baseless assumptions about fault entirely
- Juries sometimes assuming reckless and dangerous behavior based solely on the type of vehicle involved alone
Each of these particular scenarios requires careful and thorough evidence to counter effectively in front of a jury during trial proceedings.
Jurors Bring Real Bias Into Motorcycle Accident Cases
Studies and considerable litigation experience consistently show that jurors often assume a motorcyclist was speeding or riding aggressively without any real cause, even when the evidence points clearly to the other driver’s negligence instead. A Kenner motorcycle accident lawyer works diligently and consistently to counter this bias directly in every single case taken on, using objective evidence rather than unfounded assumptions to establish exactly what happened at the scene.
Objective Evidence Overcomes Bias Far Better Than Testimony Alone
Traffic camera footage, professional accident reconstruction analysis, and precise skid mark measurements taken carefully at the scene all help establish an accurate speed and complete sequence of events entirely independent of any preconceived assumptions about motorcyclists generally. This type of objective evidence often proves genuinely decisive in cases where bias might otherwise unfairly shape a jury’s initial impression of the injured rider involved in the case.
Motorcycle Crashes Tend to Produce Far Worse Injuries
Motorcyclists entirely lack the substantial structural protection a passenger car actually provides its occupants during a collision, meaning even relatively minor impacts can produce serious road rash, painful fractures, or traumatic brain injuries requiring extensive and lengthy medical treatment afterward. This severity often results in considerably and meaningfully higher damages awarded than a comparable car accident claim would generally produce for similar injuries sustained.
The Filing Deadline for Motorcycle Claims Recently Changed
Louisiana’s prescriptive period for motorcycle accidents runs two full years from the actual date of the underlying crash for incidents occurring on or after July 1, 2024, with the older one-full-year rule applying instead to earlier accidents that occurred beforehand under prior law.
Getting Help After a Kenner Motorcycle Accident
Understanding how deep-seated bias against riders affects a claim changes considerably how a motorcycle accident case should be approached and built from the very start of the process. Kiefer & Kiefer has proudly represented injured motorcyclists across Kenner and the entire surrounding area for many years now, handling cases at every single stage of litigation. If you were hurt while riding recently, reach out today to discuss how to counter unfair assumptions in your case and the specific situation you are facing.
