Motorcycle Accident Claims in Louisiana
The Louisiana helmet law, whether lane splitting is legal, how fault is shared after a motorcycle crash, and the deadline to sue.
Short answer: Every person operating or riding on a motorcycle, motor-driven cycle or motorized bicycle must wear a safety helmet secured with a chin strap, regardless of age. La. R.S. 32:190(A), (C), (D), (F)
| Motorcycle helmet law | Every person operating or riding on a motorcycle, motor-driven cycle or motorized bicycle must wear a safety helmet secured with a chin strap, regardless of age. Exceptions include parade participants with a local permit and autocycles equipped with qualifying supports or a roll cage. Violating the law is punishable by a $50 fine. The helmet statute does not say that not wearing a helmet reduces damages in a lawsuit. |
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| Lane splitting | Lane splitting is banned in Louisiana. No one may ride a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles, and a motorcyclist may not pass in the same lane as the vehicle being passed. Motorcycles may ride no more than two abreast in one lane, and drivers may not deprive a motorcycle of the full use of a lane. Police officers on official duty are exempt from the passing and between-lanes rules. Source: La. R.S. 32:191.1 |
| Fault rule (comparative negligence) | Modified comparative fault with a 51% bar, effective January 1, 2026. An injured person who is 51% or more at fault cannot recover damages; a person who is less than 51% at fault has damages reduced by his or her percentage of fault. Fault is assigned to everyone who contributed, including non-parties. Damages are not reduced when the other party was an intentional wrongdoer. Before Acts 2025, No. 15 (effective Jan. 1, 2026), Louisiana used pure comparative fault; check which version applies to an older claim. Source: La. Civ. Code art. 2323 |
| Minimum car insurance | Minimum liability coverage is $15,000 per person and $30,000 per accident for bodily injury and $25,000 for property damage. Under the "no pay, no play" rule, an owner or driver who did not carry required coverage cannot recover the first $100,000 of bodily injury damages or the first $100,000 of property damage from an accident, with exceptions (for example, if the other driver is convicted of DWI, caused the crash intentionally, or fled the scene). No pay, no play: https://legis.la.gov/legis/Law.aspx?d=88612 Source: La. R.S. 32:900(B)(2), 32:866 |
| Deadline to sue for an injury | Two years. Delictual (tort) actions, including personal injury claims, are subject to a two-year prescriptive period that begins on the day the injury or damage is sustained. This two-year rule took effect July 1, 2024, when the former one-year rule (Civil Code art. 3492) was repealed. Injuries that occurred before July 1, 2024 may be governed by the former one-year period; check the effective-date provisions of Acts 2024, No. 423 for older claims. Source: La. Civ. Code art. 3493.1 |
More Louisiana personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Louisiana
- Wrongful Death Lawsuits in Louisiana
- Medical Malpractice Rules in Louisiana
- Car Accident Claims in Louisiana
- Dog Bite Liability in Louisiana
- Slip, Trip and Fall Injuries in Louisiana
- Sidewalk and Public Property Falls in Louisiana
- Pedestrian Accident Claims in Louisiana
- Bicycle Accident Claims in Louisiana
- Uber and Lyft Accident Claims in Louisiana
- Truck Accident Claims in Louisiana
- Construction Site Injuries in Louisiana
- All Louisiana personal injury & wrongful death rules
FAQ
Do you have to wear a motorcycle helmet in Louisiana?
Every person operating or riding on a motorcycle, motor-driven cycle or motorized bicycle must wear a safety helmet secured with a chin strap, regardless of age. Exceptions include parade participants with a local permit and autocycles equipped with qualifying supports or a roll cage. Violating the law is punishable by a $50 fine. The helmet statute does not say that not wearing a helmet reduces damages in a lawsuit.
Is lane splitting legal in Louisiana?
Lane splitting is banned in Louisiana. No one may ride a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles, and a motorcyclist may not pass in the same lane as the vehicle being passed. Motorcycles may ride no more than two abreast in one lane, and drivers may not deprive a motorcycle of the full use of a lane. Police officers on official duty are exempt from the passing and between-lanes rules.
Can you recover damages if you were partly at fault in Louisiana?
Modified comparative fault with a 51% bar, effective January 1, 2026. An injured person who is 51% or more at fault cannot recover damages; a person who is less than 51% at fault has damages reduced by his or her percentage of fault. Fault is assigned to everyone who contributed, including non-parties. Damages are not reduced when the other party was an intentional wrongdoer.
What is the minimum car insurance required in Louisiana?
Minimum liability coverage is $15,000 per person and $30,000 per accident for bodily injury and $25,000 for property damage. Under the "no pay, no play" rule, an owner or driver who did not carry required coverage cannot recover the first $100,000 of bodily injury damages or the first $100,000 of property damage from an accident, with exceptions (for example, if the other driver is convicted of DWI, caused the crash intentionally, or fled the scene).
What is the statute of limitations for personal injury in Louisiana?
Two years. Delictual (tort) actions, including personal injury claims, are subject to a two-year prescriptive period that begins on the day the injury or damage is sustained. This two-year rule took effect July 1, 2024, when the former one-year rule (Civil Code art. 3492) was repealed.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.