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Riding a motorcycle through New Orleans offers an unparalleled sense of freedom, with the vibrant cityscape on one side and the sprawling Mississippi River on the other. However, navigating the streets of our city can be challenging due to sudden summer downpours and crowded events like Mardi Gras. This poses specific risks even for experienced riders. 

May is Motorcycle Safety Awareness Month. It's a good time to focus on important safety tips for motorcyclists in the Crescent City and beyond. 

At Huber Thomas Law, our commitment to the New Orleans community goes beyond legal representation. Our goal is to ensure that your travels in our city are both exciting and safe. You can navigate through the diverse landscape with confidence. We have gathered important motorcycle safety tips based on our knowledge and experience in New Orleans. 

Huber Thomas Law Motorcycle Accident Lawyers New Orleans

By sharing this knowledge, we aim to cultivate safer roadways for everyone—motorcyclists, drivers, and pedestrians alike. Join us in making every motorcycle ride safe and joyful in our city. Let's work together to ensure the safety and happiness of all riders. If you require help from motorcycle accident attorneys, contact us for a free legal consultation.

Evolving Motorcycle Safety: Navigating the Road Ahead

The joy of riding a motorcycle on open roads during the sun-drenched summer months is unmatched. With more flexible schedules and the allure of long vacations, it's a season many riders eagerly anticipate. However, this increased activity also brings a heightened risk. 

Motorcycles account for only 3% of registered vehicles and 0.6% of vehicle miles traveled in the US. However, riders of motorcycles face a higher risk on the road. 

In 2021, motorcyclists accounted for 14% of all traffic fatalities. They also made up 17% of deaths of people in vehicles. Additionally, motorcyclists suffered 3% of all injuries to people in vehicles. 

Recent statistics reveal a concerning trend: fatalities among motorcycle riders and passengers rose by 8% from 2020 to 2021. This uptick in deaths is alarming, with the total number of motorcycle fatalities reaching 5,932. 

It's important to note that the number of deaths per 100 million miles driven went down by 2% during that time. Over the past decade, deaths have surged by 19%, underlining a persistent challenge in motorcycle safety. 

The dynamics of motorcycle use have seen significant shifts from 2007 to 2021. While the number of registered motorcycles has increased by 38%, the total miles driven have decreased by 8%. 

The decrease in miles traveled is causing the fatality rate per 100 million vehicle miles traveled to increase. This shows a complex relationship between how often people travel and the safety of their trips.  

In 2021, a closer look at the circumstances surrounding motorcycle fatalities highlights several key factors: 

  • The majority (67%) of motorcyclist fatalities occurred on urban roads. 
  • 83% of accidents occurred in good weather, challenging the belief that bad weather is a main risk factor. 
  • Half of these fatalities occurred during nighttime hours, stressing the importance of visibility and caution during these times. 
  • Over half (53%) involved two-vehicle collisions, pointing to the need for increased awareness among all motorists. 
  • It is interesting to note that 59% of the riders who died were wearing helmets. This shows that helmets are important for safety, but there are other factors that also contribute to fatal outcomes. 
  • Encouragingly, 72% of motorcycle operators involved in fatal crashes were not impaired by alcohol, indicating a high level of responsibility among the majority of riders. 

In 2021, injuries increased by 5% among motorcyclists. However, the injury rate per mile traveled decreased by 4%. This indicates a slight improvement in safety. 

These evolving statistics serve as a critical reminder of the ongoing need for awareness, education, and proactive safety measures among motorcyclists and the driving public alike. They underscore the importance of helmet use, sober riding, adherence to traffic laws, and the development of skills that can mitigate risks. As we navigate the roads, it's imperative to foster an environment of mutual respect and caution, ensuring that the freedom of riding can be safely enjoyed by all. 

1. Follow Louisiana Motorcycle Laws

Motorcycle laws in the U.S. vary by state. Many states require helmets for all riders, but some only for those under a certain age. Other states, like Illinois and Iowa, have no helmet requirements at all. 

We're thankful that Louisiana is a state that requires helmets for all motorcyclists and passengers. Even if you live in a state without this law, you should absolutely wear a DOT-compliant helmet as they're the best way to protect yourself from a traumatic head injury or death. Between 2022 and 2017, helmets saved more than 25,000 lives 

Other Louisiana motorcycle laws stipulate that you must: 

  • Complete a road rules and skills test to receive a motorcycle endorsement 
  • Make sure to wear the right eye protection when driving, like goggles or safety glasses. If you have a proper windshield or full helmet, you may not need to wear them 
  • Never overtake or pass other vehicles in the same lane (a practice known as lane-splitting) 
  • Keep both hands on your handlebars while driving 

Further, you can only carry passengers if your motorcycle was made for multiple people. Children must be five years or older, in an appropriate seat. 

2. Be Alert to the Most Common Causes of Crashes

Motorcycle crashes most commonly occur when: 

  • Another vehicle turns left in front of you 
  • You hit an unsafe or slippery patch of road 
  • Another vehicle changes lanes into you 
  • Someone opens a car door into your oncoming bike 
  • You were traveling too fast 
  • Another driver stops suddenly, or rear-ends you 
  • Anyone is driving under the influence of drugs or alcohol 

RideApart provides helpful information and videos on how to prevent and handle the most common motorcycle accidents. We recommend reading and watching these videos in full, whether you're a new or experienced driver. 

Huber Thomas Motorcycle Accident attorneys in New Orleans

3. Never Drive Under the Influence

We're noting this twice because it's that important. 

At night, 29% of motorcyclist fatalities happen when the motorcyclist had a BAC above the legal limit of 0.08%. Never drink and drive. Make it a rule to avoid driving if you've had even one drink. 

Likewise, avoid driving after any use of prescription sedatives, pain medications, or other drugs. For example, while marijuana may be legal in some states, it can still lead to a change in your driving skills. 

4. Know Your Risks

Before you ever step up to your bike, be aware of and proactive about your specific risks. 

If you're an inexperienced driver, plan to ride in slower, safer conditions until you build your skills. If you are on a newer bike, practice riding off-road and in safer conditions until you build confidence. 

Age also plays a role in motorcycle accidents. Those 50 years and older made up 35% of all motorcycle fatalities in 2021. The reasons for this are many. 

Often, older drivers are "re-entry riders." They rode when they were younger and assume that they still know how to handle a bike. With more traffic, more powerful bikes, and diminished physical skills, this simply isn't the case. 

If you're an older adult who hasn't ridden in a while, it pays to take a safety class to refresh your skills. Follow the other safety tips too, like getting used to your bike and practicing in safer areas before hitting the open road. 

Finally, know that riding with a passenger takes much more skill. You can learn how to ride safely with a passenger here. 

5. Wear Appropriate Safety Gear

We already discussed how DOT-compliant helmets can save lives. These helmets provide appropriate shock-absorption and peripheral vision capabilities. Look for a DOT sticker on the inside or outside of your helmet to ensure it meets safety standards. You can learn more about choosing a helmet here. 

To protect yourself in the case of an accident, you should also wear: 

  • Clothing that fully covers your arms and legs in a thick material, like leather 
  • Boots or shoes that cover up to your ankles or higher 
  • Gloves for a better grip and to protect your hands 
  • Eye protection, such as a full helmet or goggles 
  • Reflective materials for better visibility 

6. Do a Safety Check Before Each Ride

You've received your motorcycle endorsement, practiced in a secure area, and found the right safety gear. Even so, you should still do a quick safety check before each ride. At the very least check: 

  • The weather to ensure there won't be any slippery or unsafe conditions 
  • Your tire pressure 
  • Your bike's brakes, headlights, and signal indicators 
  • For any signs of oil or gas leaks 
  • That any cargo is properly secured and balanced 
  • That your protective gear is in good shape and worn correctly 

7. Practice Active Awareness During Every Ride

Finally, if you drive a motorcycle, always ride responsibly and as actively aware as possible. This means: 

  • Watching ahead for any potholes, gravel, or puddles 
  • Proceeding cautiously at intersections, where most accidents take place 
  • Keeping your headlights on at all times to increase your visibility 
  • Leaving plenty of braking distance between yourself and other vehicles 
  • Using extra caution in heavy traffic or inclement weather 

Not sure if you're aware of the best ways to protect yourself out there? We highly recommend taking a safety class. Louisiana State Police provide different motorcycle training programs, including basic rider courses and advanced lessons. There are a variety of other high-quality safety programs as well. 

8. Practice Motorcycle Awareness on the Road

Motorcycle Safety Awareness Month is about reducing accidents and raising awareness about motorcycles with all drivers. Even if you don't drive a motorcycle, you can do your part to help all people on the road arrive at their destination safely. 

Here's how: 

  • Practice caution when approaching a left turn, ensuring you use your turn signal and the road is clear of motorcyclists or allowing them to pass before turning 
  • Become aware of motorcycle turning and braking patterns 
  • Give motorcyclists the same (or more) space as you do other vehicles, allowing them a full lane width 
  • Yield to motorcyclists and give them plenty of space—even the smallest nudge can lead to a crash 
  • Check your mirrors and blind spots for motorcyclists before changing lanes or making turns 
  • Avoiding any and all distractions while driving, such as texting, eating, or playing with your car radio 

Huber Thomas Motorcycle Safety on the Road

Get Help from Motorcycle Accident Lawyers After a Motorcycle Accident

Even if you practice all of these safety guidelines, you could still be in an accident. Unfortunately, an earlier report notes that in two-thirds of passenger car and motorcycle collisions, the car violated the motorcyclist's right-of-way. 

If the worst happens, there is help. 

At Huber Thomas Law, we're dedicated to helping victims recover after an accident. We’re tireless advocates for our clients, helping you secure the compensation you need to cover any long-term costs after an accident. We also help you make sense of the insurance claims process. You can learn more about our approach to motorcycle accidents here. 

If you've recently been in a motorcycle accident, contact us today for a free consultation. We can walk you through your legal options. 

In Louisiana, the prevalence of car accidents leading to severe outcomes, such as traumatic brain injuries (TBIs), underscores the critical need for specialized legal assistance. The year 2022 witnessed a significant number of traffic incidents, with fatal and injury crashes highlighting the risks on our roads. These accidents have a big impact on the community and individuals, causing economic and personal hardships. 

Traumatic brain injuries caused by car accidents

At Huber Thomas Law, we understand the profound effects a TBI can have on a person's life and the lives of their loved ones. We have experience assisting people with TBI. We believe in advocating for victims. We make sure they receive the necessary help and financial support.  

Our legal team assists clients after car accidents by guiding them through the legal process. We provide hope and a clear path to recovery. Our approach is thoughtful and tailored to each individual case.

What is a Truamatic Brain Injury?

A traumatic brain injury is a complex injury with a broad spectrum of symptoms and disabilities. It occurs when an external force, such as a sudden blow or jolt to the head, disrupts the normal function of the brain. TBIs can vary from mild (like concussions) to severe, causing long periods of unconsciousness or memory loss. 

How TBIs Occur in Car Accidents 

  • Direct Impact: When the head strikes the steering wheel, dashboard, or windows. 
  • Rapid Acceleration/Deceleration: The brain moves violently within the skull, causing brain tissues to stretch and tear. 
  • Penetration Injuries: Objects penetrating the skull and brain tissue, though less common, can result in severe TBIs. 

The Importance of Recognizing and Treating TBIs 

  • Early Detection: Prompt recognition of TBI symptoms can significantly influence the outcome. Early symptoms may include confusion, blurred vision, headache, and difficulty concentrating. 
  • Medical Evaluation: Seeking immediate medical attention after a car accident ensures that TBIs, even those that might initially appear minor, are properly diagnosed and treated. 
  • Long-term Care: Some TBIs require long-term treatment plans, including rehabilitation and therapy, to address physical, cognitive, and emotional changes. 

Understanding the nature and impact of traumatic brain injuries is crucial, especially following car accidents. Recognizing the signs and ensuring timely treatment can make a significant difference in recovery and quality of life. 

Recognizing Symptoms of Traumatic Brain Injury

Traumatic brain injury manifests through a variety of symptoms that can affect physical, sensory, and cognitive functions. Understanding TBI symptoms is crucial, especially following a car accident, where TBIs are not uncommon. 

  • Physical Symptoms often include headaches, nausea or vomiting, fatigue, speech problems, and dizziness. These can signal the immediate impact of a TBI. 
  • Sensory Symptoms may involve blurred vision, ringing in the ears, a bad taste in the mouth, changes in the ability to smell, and sensitivity to light or sound. These symptoms highlight the sensory disruptions that a TBI can cause. 
  • Cognitive or Mental Symptoms are particularly concerning as they affect the individual's mental state and abilities. Memory issues, mood changes, sleep problems, and confusion are signs of cognitive effects from a TBI. 

The importance of monitoring these symptoms cannot be overstated. While some symptoms appear right after the accident, others may take days or weeks to manifest.  

Early detection and medical assessment are key to managing the injury effectively and preventing long-term complications. A comprehensive medical examination is essential after any head injury to ensure that any TBI is accurately diagnosed and treated, paving the way for a healthier recovery. Recognizing and addressing these symptoms promptly can significantly influence the recovery trajectory and quality of life post-accident. 

Types of Traumatic Brain Injuries Caused by Car Accidents

Car accidents can lead to a range of traumatic brain injuries, each varying in severity and impact. It's crucial to know about these injuries, as the state has high rates of accidents resulting in severe injuries and deaths. 


Perhaps the most common type of TBI, concussions can occur even in minor accidents. The brain shakes inside the skull, causing temporary loss of normal brain function. Symptoms can include headaches, confusion, dizziness, and temporary loss of consciousness. 


Bruises or bleeding on the brain can happen where the impact occurred or on the other side in severe cases. Contusions may require surgical intervention if they lead to increased pressure on the brain. 

Coup-Contrecoup Injuries 

Coup-contrecoup injuries involve contusions at both the site of the impact and on the opposite side of the brain. This occurs when the force is enough to cause the brain to slam into the opposite side of the skull, causing a second contusion. 

Diffuse Axonal Injuries (DAI) 

High-speed accidents can cause DAI, where the long connecting fibers of the brain (axons) are sheared as the brain rapidly shifts and rotates inside the skull. DAIs can lead to coma or persistent vegetative state and are one of the more devastating types of brain injuries. 

Penetrating Injuries 

These are less common in car accidents but can occur in severe cases involving shattered glass or metal debris. Such injuries happen when an object penetrates the skull, causing direct damage to the brain tissues. Penetrating injuries are often life-threatening and require immediate medical attention. 

If you or a loved one has suffered these or other brain injuries in a car accident, contact Huber Thomas Law for a free consultation 

What to Do If You’ve Suffered a Traumatic Brain Injury

Suffering a traumatic brain injury (TBI) in a car accident can be a pivotal moment, demanding immediate and strategic actions not only for health recovery but also for potential legal considerations. Here's how to navigate the aftermath effectively. 

  • Seek Medical Attention Immediately: Even if symptoms seem mild, a thorough medical evaluation is crucial. Early diagnosis can significantly influence recovery outcomes. 
  • Document Everything: Keep a detailed record of all medical visits, treatments received, and symptoms experienced. This documentation can be vital for legal claims. 
  • Monitor Symptoms: TBIs can have delayed symptoms. Regular monitoring helps in identifying any changes or deteriorations in condition. 
  • Consult a Specialist: For a complete evaluation, it is recommended to visit a neurologist or brain injury specialist. They can provide an accurate diagnosis and create a treatment plan. 
  • Legal Consultation: Considering the complexities surrounding TBI claims, consulting with a law firm experienced in handling such cases is crucial. Legal experts can offer guidance on protecting your rights and ensuring fair compensation. 

What to do if you've suffered a Traumatic Brain Injuries

The importance of medical documentation cannot be overstated. It serves as a foundational element in the legal process, substantiating the extent of injuries and the impact on your life. This meticulous approach not only aids in your recovery journey but also strengthens your legal position, ensuring you are rightfully compensated for your losses and suffering.

The Role of a Personal Injury Attorney in TBI Cases

For victims of traumatic brain injuries resulting from car accidents, navigating the aftermath can be overwhelming. Legal representation plays a pivotal role in not only seeking justice but also ensuring financial stability through compensation. Here's how a personal injury attorney can be instrumental. 

  • Expertise in TBI Claims: Specialized attorneys understand the complexities of TBI cases, from medical terminology to the nuances of legal claims, ensuring a thorough and effective representation. 
  • Maximizing Compensation: Attorneys adept in TBI cases work diligently to secure compensation covering medical bills, ongoing treatment costs, lost wages due to time off work, and even future earnings lost due to the injury's impact. Moreover, compensation for pain and suffering, both physical and emotional, acknowledges the profound personal impact of a TBI. 
  • Navigating Insurance Negotiations: Experienced legal representation is crucial in dealing with insurance companies, often resulting in significantly higher settlements for the injured party. Attorneys can navigate the intricate processes and negotiations, ensuring that they do not shortchange victims. 
  • Litigation Support: If a fair settlement cannot be reached through negotiations, a skilled attorney is prepared to take the case to court, advocating passionately on the victim's behalf. 

Our team in Louisiana has successfully handled cases of traumatic brain injury. They have won large settlements and verdicts that demonstrate the severity of the injuries and their impact on the victims' lives. Our commitment is to not only achieve the compensation our clients deserve but also to support them through their recovery journey, providing a foundation for rebuilding their lives post-accident. 

Exploring the Range of Traumatic Brain Injuries Beyond Car Accidents

Traumatic Brain Injuries (TBIs) can occur in a wide variety of situations beyond car accidents, affecting individuals in environments ranging from the workplace to recreational activities. At Huber Thomas Law, we extend our expertise across a spectrum of personal injury cases where TBIs are a significant concern.  

Trucking Accidents 

The massive size and weight of semi-trucks pose a heightened risk of TBIs in collisions. Navigating the complex web of parties involved—from trucking companies to manufacturers—requires seasoned legal expertise to ensure victims receive the compensation they deserve after a trucking accident 

Rideshare Accidents 

With the rise of Uber and Lyft, rideshare accidents present unique legal challenges. Our experience in tackling these cases head-on ensures that our clients are well-compensated for their injuries, including TBIs. 

Motorcycle Accidents 

Motorcyclists are particularly vulnerable to TBIs due to the lack of protective barriers. Our firm specializes in reconstructing motorcycle accidents to establish fault and secure rightful compensation for our clients. 

Bicycle and Pedestrian Accidents 

Bicyclists and pedestrians share the road with vehicles, making them susceptible to TBIs in the event of a bike or pedestrian accident. We are adept at navigating the complexities of these cases, ensuring that the rights of the injured are fully protected. 

Boats, Vessels, and Maritime Injuries 

TBIs can also occur on or near water, where maritime laws come into play. Our Louisiana-based firm is well-versed in the nuances of maritime injuries, offering specialized representation for those injured on the job or in recreational boating accidents. 

Premises Liability 

TBIs can happen on properties due to slips and falls, inadequate maintenance, or insufficient security. Our legal team is skilled in proving fault and securing compensation under premises liability law. 

At Huber Thomas Law, we understand that TBIs can have life-altering consequences, regardless of the cause. Our extensive experience across these practice areas ensures that we offer comprehensive legal representation tailored to the specific needs of TBI victims, advocating for their rights and securing the compensation they need to recover and rebuild. 

Call Today for a Free Consultation

A traumatic brain injury can change a person's life, affecting their health, job, and future in significant ways. The path to recovery is often long and challenging. Recognizing the extensive impact of TBIs and the complexity of legal matters surrounding them underscores the necessity of skilled legal representation. 

At Huber Thomas Law, we are committed to providing compassionate and comprehensive legal services to individuals affected by TBIs. Our team can help with personal injury cases. We have the knowledge and tools needed. Our goal is to ensure our clients receive the maximum compensation for their injuries. 

We understand the nuances of each case, whether it involves negotiating with large trucking companies, challenging rideshare corporations, or proving fault in accidents involving motorcycles, bicycles, and pedestrians. 

Our goal is to alleviate the burden on our clients so they can focus on their recovery. By handling the legal intricacies, we strive to secure the financial support necessary for medical bills, lost wages, and pain and suffering, thereby enabling our clients to rebuild their lives with dignity and security. 

If you or a loved one has suffered a TBI, know that you are not alone. Huber Thomas Law stands ready to advocate on your behalf, ensuring that your rights are protected and your future is secured. Let us help you navigate this challenging journey towards recovery and justice. 

Road debris-related accidents are very common on roads across the country. From country roads to highways to city streets, debris can create unpredictable and dangerous situations for motorists in our state. Every year, debris causes an estimated 50,000 crashes.

These accidents can cause a range of outcomes, from minor inconveniences to severe injuries or even fatalities. ABC News reported that road debris causes 440 deaths per year. With these facts in mind, Louisiana drivers need to recognize the impact road debris has on their safety.

Huber Thomas car accident liability and what to do if you've been involved in a car accident with debris

If you're in a debris accident, it's important to understand the legal implications. Huber Thomas Law has helped Louisiana victims of debris-related accidents navigate the legal processes. Our first step? Equipping you with what you need to know.

Types and Causes of Road Debris

Driving around Louisiana streets, you’ve probably seen various types of debris on the roads. Tree limbs after major storms, trash and litter in high-traffic areas, and rogue construction materials are all common sights to see.

Causes and types of debris can vary. Knowing each of them allows your legal team to determine the best course of action in seeking compensation.

Types of Road Debris

Road debris refers to any foreign objects or materials that have unintentionally found their way onto roadways. These objects pose hazards to vehicles, drivers, and passengers. These can include items such as:

  • Rocks
  • Tree branches
  • Tire shreds
  • Construction materials
  • Trash and litter

Debris can also include other objects that can obstruct traffic flow and lead to accidents.

Factors Contributing to Road Debris

Negligence of Individuals or Companies

Road debris incidents are frequently linked to negligence on the part of individuals or companies. This can involve:

  • Improperly secured loads: Cargo, equipment, or materials that are not adequately secured on vehicles, leading to spillage on the road.
  • Littering: Individuals discarding trash or objects from their vehicles negligently.
  • Failure to maintain vehicles: Inadequate maintenance of vehicles can result in parts or debris falling off.
  • Construction site oversight: Construction companies failing to adequately manage their worksites, allowing materials to spill onto roadways.

Poor Road Maintenance

Inadequate road maintenance is another common contributor of road debris. This may involve:

  • Crumbling road surfaces: Deteriorating asphalt or concrete that generates loose stones or potholes.
  • Lack of regular cleaning: Failure by local authorities to clean and clear debris from roadways.
  • Overgrown vegetation: Trees and shrubs that overhang roads can shed branches and foliage, particularly in adverse weather conditions.

Responsibility in Maintaining Safe Roads

Everyone plays a part in ensuring the safety of themselves and others on the road. Understanding these legal responsibilities is essential for all parties involved in road debris accidents.

Knowing these responsibilities helps determine liability if an accident occurs. It also highlights the importance of proactive measures in preventing road debris-related accidents.

General Road Users

All road users must practice reasonable caution to prevent accidents. In accidents caused by road debris, it's important to avoid making or adding to dangerous situations.

Government Agencies

Government agencies, such as state and local departments of transportation, have a critical role in maintaining safe roads. Their responsibilities include:

  • Regular road maintenance: Ensuring that roads are free from hazards like potholes, loose gravel, and overgrown vegetation.
  • Prompt debris removal: Clearing road debris and litter to prevent accidents.
  • Monitoring construction sites: Overseeing construction projects to ensure materials and debris do not pose a risk to road users.
  • Signage and warnings: Providing appropriate signage to warn drivers of potential hazards.

When government agencies fail to fulfill these responsibilities, they can potentially be held liable for accidents resulting from their negligence.


Drivers have a legal obligation to operate their vehicles safely and with due regard for the road conditions. This includes:

  • Maintaining proper following distance: Ensure there is enough space between vehicles to react and maneuver safely if you encounter road debris.
  • Staying within speed limits: Adhering to posted speed limits to have adequate time to respond to unexpected road hazards.
  • Avoiding distractions: Staying focused on driving and not engaging in activities that divert attention from the road.

If a driver fails to exercise these responsibilities and causes an accident due to road debris, they may be held liable for their negligent actions.

Establishing Liability in a Road Debris Accident

How is negligence proven in a road debris related accident?

Evidence at the Scene of Accident

The first step is collecting and reviewing all evidence at the accident scene. This documentation can help prove negligence. Evidence includes:

  • Photographs and videos of scene, road conditions, and position of debris
  • Police reports and accident records that may detail the cause of accident
  • Vehicle damage assessments to determine the cause of collision
  • Road debris samples

Eyewitness Testimony and Expert Opinion

Eyewitness testimony can be invaluable in confirming the circumstances of the accident. Expert opinions can also provide a professional assessment of the events leading to the accident.

Who may be responsible for the debris-related accident?

Negligent Drivers

Sometimes, the driver may be partly or fully blamed for the accident if they couldn't avoid road debris or react properly. Proving their negligence often involves:

  • Demonstrating a lack of reasonable care: Establishing that the driver did not exercise due caution when encountering road debris.
  • Establishing causation: Showing that the driver's actions or inactions directly contributed to the accident.

Government Agencies or Contractors

If poor road maintenance or inadequate construction site oversight is identified as a factor in the accident, government agencies or contractors may be liable. To establish their liability, we may consider:

  • Demonstrating negligence: Proving that the government agency or contractor failed in their responsibilities, such as maintaining safe roads or controlling construction site debris.
  • Complying with legal requirements: Ensuring that they adhere to laws and regulations related to road maintenance and construction safety.

Companies Transporting Materials

Companies involved in transporting materials can also be held accountable if their actions contributed to the presence of road debris. To establish their liability, we may need to:

  • Examine load securing practices: Determine whether the company properly secured materials on their vehicles to prevent spillage.
  • Review safety protocols: Assess whether the company followed safety regulations and guidelines for transporting materials.

How is liability determined in a debris-related accident?

Liability in a debris-related accident depends on how the accident occurred. Below we’ll review the typical scenarios.

Liability of the Driver Who Hit the Debris

When a driver hits road debris, their liability may depend on factors such as:

  • The driver's ability to avoid the debris safely.
  • Whether they were driving at a safe speed and maintaining an appropriate following distance.
  • Their responsiveness to the sudden appearance of debris.

Liability When Road Debris Causes a Chain Reaction

In cases where road debris triggers a chain reaction of accidents involving multiple vehicles, liability can be complex. Determining liability often involves:

  • Analyzing each driver's actions leading up to the accident.
  • Identifying which drivers could have reasonably avoided the initial debris collision.
  • Considering whether the drivers behind the initial collision were following at a safe distance.

Liability When Debris Falls from a Vehicle or Construction Site

When debris falls from a vehicle or a construction site, liability may rest on the responsible parties, including:

  • The driver of the vehicle responsible for the debris.
  • The construction company or site manager overseeing safety protocols and debris containment.

Compensation Available for Victims of Debris-Related Accidents

Like other types of vehicle accidents, compensation is available for victims. Compensation can cover a range of needs, depending on the physical injury or property damage that occurred. Below are the options available if you’ve been involved in a debris-related accident.

Medical Expenses

Victims of road debris accidents often incur medical expenses, including:

  • Emergency medical treatment
  • Hospitalization and surgery
  • Rehabilitation and therapy
  • Medications and ongoing medical care

Property Damage

Road debris accidents can cause significant property damage, including:

  • Vehicle repair or replacement
  • Repairing or replacing personal belongings inside the vehicle
  • Damage to other property such as homes or businesses in the vicinity

Lost Income and Future Earnings

Injuries can cause victims to lose income and may also impact their ability to earn money in the future. Compensation may include:

  • Lost wages and benefits
  • Diminished earning capacity
  • Compensation for time away from work for medical appointments

Pain and Suffering

Road debris accidents can cause pain and suffering, and people may seek compensation for the following damages:

  • Physical pain
  • Emotional distress
  • Reduced quality of life
  • Psychological trauma

Legal Challenges in Debris Accidents

As with any legal case, there are extenuating circumstances that may affect the level of liability and compensation. Below are circumstances you should be aware of regarding your debris-related accident.

Statute of Limitations

Victims must be aware of the statute of limitations, which sets a time limit for filing a legal claim. Failing to meet this deadline may result in the loss of the right to seek compensation.

Comparative Negligence

In some cases, multiple parties may share liability for an accident. Understanding comparative negligence laws is crucial as it determines the distribution of responsibility and compensation.

What to Do After a Road Debris Accident

Taking the following steps after a road debris accident will help protect your rights and interests. Adhering to these steps may also increase the likelihood of a successful legal outcome.

Report Accident to Authorities

If you've been involved in a road debris accident, it's crucial to report the incident to the appropriate authorities, such as the police or highway patrol. This action creates a formal record of the accident, which insurance claims and legal matters may require.

Seek Medical Attention

After a road debris accident, the well-being of all involved parties is paramount. Even if you feel fine immediately after the incident, it's advisable to seek medical attention. Injuries may not show symptoms immediately, so a medical check-up can find and treat any hidden injuries quickly.

Collect Evidence and Documentation

Gathering evidence and documentation is vital for building a strong case if you decide to pursue legal action. This may include:

  • Photographs and videos of the accident scene, debris, and vehicle damage
  • Eyewitness contact information and statements
  • Police reports and accident records
  • Medical records and bills related to injuries
  • Repair estimates or invoices for vehicle damage
  • Any correspondence with insurance companies

Consult with a Personal Injury Attorney

Consulting with a qualified personal injury attorney like Huber Thomas Law is an essential step in seeking compensation and navigating the legal process. An experienced attorney can:

  • Assess the strength of your case and potential liability
  • Provide legal guidance and expertise throughout the claims process
  • Help negotiate with insurance companies or represent you in legal proceedings
  • Ensure that you receive fair and just compensation for your injuries and losses

Seek Guidance from Huber Thomas Law

In the wake of a road debris accident, the guidance and expertise of a personal injury attorney are invaluable. Our team at Huber Thomas Law helps victims of complex cases seek the compensation they deserve.

We will assess liability, gather evidence, negotiate with insurance companies, and represent you in legal proceedings. Get started on your journey to justice by contacting Huber Thomas Law today.

Motorcycle ownership has been “revving” up in recent years. During the COVID-19 pandemic, motorcycle sales spiked—and the popularity is still growing. More enthusiasts are enjoying the freedom motorcycling offers on the open road. 

Whether you are a prospective or seasoned motorcycle owner, it’s important to follow Louisiana laws in your ownership and operation. Obtaining a Louisiana motorcycle endorsement is your first step. It’s essentially your green light to ride.  

huber thomas motorcycle laws in louisiana

As a law firm dedicated to protecting victims in vehicle accidents, we see motorcycle cases often. Riding a motorcycle presents its own set of dangers. To better safeguard yourself if an accident occurs, you must follow all Louisiana requirements for motorcycle ownership.  

Read on for our breakdown of everything you need to know. 

How to Get a Motorcycle Endorsement in Louisiana 

 In the state of Louisiana, motorcycle endorsements must be indicated on a license in order to drive the following: 

  • Motorcycles 
  • Motor-driven cycles 
  • Motorized bicycles/mopeds 

You must have this endorsement for motorized cycles with more than 5 horsepower, regardless of the speed or size. It’s essentially your green light for navigating Louisiana streets, highways, and roadways on your motorcycle.  

To receive an endorsement, you must have: 

  • A valid Louisiana driver’s license or learner’s permit 
  • A score of 80% or higher on the Motorcycle Knowledge Test and Skills Test 
  • Skills Test: Your intended motorcycle and helmet, as well as your current license plate, insurance, and inspection sticker. 
  • Alternate: Completion of the Department of Public Safety, Motorcycle Safety, Awareness and Operators Training Program. 

Below we’ve provided more information on your motorcycle endorsement requirements and options.  

For First-Time Endorsement Seekers

Are you wondering if you need a specific license to drive a motorcycle in the state of Louisiana? In fact, a separate license for motorcycle use is not needed. 

If you already have a Louisiana driver's license, you will only get a motorcycle endorsement added to it. Of course, you will first need to prove that you are qualified for such endorsement.  

Below we’ve broken down your options.  

Option #1: Take the Required Motorcycle Skills Tests

To get a motorcycle endorsement, you must schedule two tests at the nearest Louisiana Office of Motor Vehicle location. 

  • Motorcycle Knowledge Test 
  • Road Skills Test 

You can prepare for the Motorcycle Knowledge Test by reading and understanding the Motorcycle Operator Manual. You will need to demonstrate your understanding of the information provided in this guide during the test. This guide covers everything you need to know about Louisiana regulations for motorcycles.  

To take the Road Skills Test, bring the motorcycle you plan to ride, a helmet and eye protection. Your motorcycle needs to be fitted with a Louisiana license plate. You need to fit your motorcycle with a Louisiana license plate. You must also bring your current driver’s license, proof of insurance, and a current inspection sticker. You must demonstrate your ability to safely operate a motorcycle. 

The tests cost approximately $18 with a local fee of up to $6.  

Option #2: Enroll in a Motorcycle Training Course 

For those seeking motorcycle endorsements, there exists another option in the state of Louisiana. You may also take the Basic Rider Course through the Department of Public Safety. You can do this course instead of the written Motorcycle Endorsement Test and Road Skills Test listed in Option #1. The Basic Rider Course includes: 

  • Online e-course (5 hours) 
  • Riding sessions (5 ½ hours on a Saturday and Sunday) 

This course will teach you the basics of motorcycle operation, including maneuvering and risk management. These skills are essential for ensuring safety for both you and other drivers on the road. We recommend taking the Basic Rider Course if you're new to motorcycles or haven't bought one yet. In this course, you will be provided with a motorcycle for training.  

Apply for Your Motorcycle Endorsement

After finishing your tests or the Basic Riders Course, you can now request your Class M Motorcycle Endorsement. You can make an appointment at your nearest OMV to obtain this endorsement. You will need to bring: 

  • Your driver’s license or photo ID 
  • Proof of residency 
  • Motorcycle insurance cards 
  • Certificate of completion from your motorcycle training course 

At your appointment, you will fill out an application, take a vision test, and pay the necessary fees for the application. Once you receive your class M motorcycle endorsement, you may operate under this endorsement for up to 6 years. 

For New Louisiana Residents

The process is simple for new Louisiana residents who already have a motorcycle endorsement from another state.  

  1. Book an appointment at your nearest OMV. 
  2. Bring the following documentation:  
    1. A valid driver’s license
    2. Social security card
    3. Proof of insurance  

You must do this within the first 30 days of residency. You do not have to take any exams. Once approved, the OMV will provide you with a Louisiana driver’s license with a class M motorcycle endorsement.  

The cost for the Basic Rider Course depends on whether or not you have your own motorcycle. The Basic Course is $100 for those borrowing a Department of Public Safety motorcycle. For those with their own motorcycle, the course is $25.  

Louisiana Motorcycle Laws You Need to Know

As a motorcycle endorsement holder, there are other motorcycle laws in Louisiana that you need to follow. These laws ensure that you’re able to enjoy your new ride safely and securely, being mindful of other drivers and passengers on the road. 

Insurance Requirements for Motorcyclists in Louisiana 

As mentioned previously, you will need to show proof of insurance when you apply for your motorcycle endorsement. The OMV will not issue you a motorcycle endorsement without coverage.  

As with any other driver on the road, you will also be asked to show proof of insurance if you were to be stopped or involved in an accident. Your insurance coverage is your protection in the event of property damage or bodily harm. Trust us, you do not want to ride your motorcycle without it.  

In Louisiana, motorcyclists are required to have a liability policy. Minimum policy amounts include:  

  • Bodily injury liability for one person: $15,000 
  • Bodily injury liability for 2+ people: $30,000 
  • Property damage liability: $25,000 

You may want to consider adding other coverages in the event of motorcycle damage and need of repair and replacement. 

  • Collision: Covers your motorcycle if it becomes damaged and needs repair. 
  • Comprehensive: Protects your motorcycle in the event of fire, wind, or water damage, as well as theft or vandalism. 
  • Custom Parts and Equipment: Covers custom upgrades, parts, and modifications.  
  • Uninsured/Underinsured Motorist Coverage: safeguards you when you crash into someone without insurance or insufficient funds to cover the costs. 

Yearly Motorcycle Inspections for Louisiana Drivers

If it is your first time purchasing a motorcycle, you need to have your motorcycle inspected at a repair shop. You have 40 days from the purchase of your motorcycle to do so. Furthermore, you must complete the inspection at a shop approved by the Louisiana Department of Public Safety and Corrections.  

Those who have moved to Louisiana with a motorcycle will also need to conduct a Louisiana DPS-approved inspection. Motorcycle owners must inspect their motorcycles yearly. 

Required Protective Gear for Louisiana Motorcyclists

Eye Protection

When driving a car, your windshield protects you from flying objects, including bugs and debris. A motorcycle may not have this layer of protection. To protect your eyes from objects that could cause an accident, you must wear eye protection 

Approved eye protection includes: 

  • Goggles 
  • Face shields 
  • Safety glasses 

During the day, motorcyclists may enjoy wearing tinted eye protection to also shield their eyes from the sun. You are allowed to do so. However, you are not allowed to wear tinted eye protection at night.  

If your motorcycle has a tall windshield, you might not need to wear eye protection. At Huber Thomas Law, we recommend you still do so.  


Riding a motorcycle is a thrilling, yet dangerous, experience. There is a risk of serious injury, including head trauma, when a collision occurs. If you’re wondering whether or not you need to wear a helmet in Louisiana, we’ve got your answer.  

Yes, you—and any passenger—will need to wear a helmet on the bike. The helmet must meet the requirements as outlined by Louisiana law: 

  • Must be manufactured for use on a motorcycle 
  • Must be secured properly with a chin strap while in motion 
  • Must also be outfitted with lining, padding, visor, and chip strap 

Wearing helmets while riding a motorcycle can protect you and your passenger from brain damage and head trauma. 

Requirements for Riding Motorcycles in Louisiana

When operating your motorcycle, there are other laws you need to keep in mind. Below are the regulations as outlined in Louisiana Revised Statutes 32:191. 


  • You must only ride on the “permanent or regular” seat attached to your motorcycle.  
  • Your passengers must also only ride on the “permanent or regular” seat as long as: 
    • The seat is designed for two riders. 
    • Another seat is securely adhered to the motorcycle’s rear or side. 


  • You can only ride with a passenger if the motorcycle is designed for more than one rider. 
  • You must sit astraddle on your motorcycle (facing forward with one leg on each side). 
  • Your passengers must not be carried in a way that distracts from safe operation. 


  • You must not carry any items that keep you from a firm two-hand grasp on your handlebars. 


  • A child who would normally be required to sit in a rear-facing or forward-facing car seat is not allowed to ride in a motorcycle.  
  • Children 5+ years old may only ride on a motorcycle if they are seated properly and wearing a helmet.  

Additionally, Louisiana Revised Statutes 32:191.3 outlines your requirements for footrests and handlebars.  


  • A motorcycle must be equipped with footrests for passengers. 


  • Handlebars must not require the driver to reach above their shoulder height while sitting astraddle and gripping the handlebars. 

Laws on Motorcycle Traffic Lane Use in Louisiana

Motorcyclists enjoy riding city streets and country roads without the bulkiness of a car. The open air circling around you can be a freeing feeling. However, safe lane use is a requirement when riding a motorcycle around the state of Louisiana. 

Louisiana Revised Statutes 32:191.1 allow motorcycles to have full use of a lane. This means that another vehicle, such as a car, cannot overtake you while you are riding a motorcycle. You are also not allowed to overtake another vehicle in the same lane.  

It is often a very dangerous occurrence when motorcycles weave in between lanes of traffic. For this reason, motorcyclists are not allowed to do so. There is a high probability that a moving vehicle will not see you and crash into you, causing a potentially dangerous accident. 

The exception to this is if you are riding alongside another motorcycle. Up to two motorcycles can ride next to each other in one traffic lane. Any more than two is not allowed.  

When the Unexpected Occurs, Choose Huber Thomas 

At Huber Thomas Law, we believe in equipping motorists with information to keep them safe. We compiled the motorcycle laws listed above to protect both new and seasoned motorcyclists in the state of Louisiana. 

By following these laws, you can mitigate the risks that motorcycles can bring. However, the unimaginable and unexpected can still occur. In these cases, you have a team on your side.  

When you, your passenger, and/or your motorcycle has been injured in an accident, we can help. Our motorcycle accident lawyers can help you navigate insurance claims, hospital bills, and more—keeping you informed at every step. 

Contact us today for a free consultation. 

In the city of New Orleans, we have no shortage of spectacle. From parades to costumes to street performers, there are many moments that captivate our attention. We crane our necks to get a better view of the fun and exciting sights that occur day-to-day in our city.

On a more serious note, New Orleans is experiencing a rise in traffic accidents. When these accidents occur on busy thoroughfares, it is common for other drivers to take a peek at what occurred. Curiosity and concern for safety makes it enticing to look at the accident.

However, these distractions have the risk of becoming dangerous, especially if we are driving past them. They are just as dangerous as looking at our phones, falling asleep at the wheel, and other similar disruptions. When other events on the road distract you, many people call these instances "rubbernecking."

huber thomas law rubberneckingAt Huber Thomas Law, we help drivers, pedestrians, and cyclists all over New Orleans navigate their claims after a traffic accident. We protect their interests, ensuring they receive the maximum compensation they deserve. Here's some advice on rubbernecking cases and what to do if you're in this kind of accident.

Overview of Rubbernecking

What is rubbernecking?

Rubbernecking is the act of diverting your attention away from the road and towards something of interest. It is a common yet dangerous behavior on the road. It is most often done when people slowly pass by an accident, emergency, or some other unusual or captivating event.

What is the origin of the term “rubbernecking?”

After reading the definition, you can probably guess why it is called “rubbernecking.” When people engage in rubbernecking, they typically crane their necks to get a better view. They stretch and strain to catch the details in front of them. It may seem harmless, but this diversion of attention can then lead to traffic hazard or traffic disruption.

What are the hazards of rubbernecking?

Rubbernecking may seem benign, but it is very dangerous. Rubbernecking can be dangerous as it diverts attention and may cause accidents for those involved.

It can also lead to a ripple effect of accidents and traffic congestion. This is especially problematic on highways and busy roads.

What is the law enforcement stance on rubbernecking?

Law enforcement strongly advises people to keep their attention on the road. There are so many sights that could catch our eye when we’re on the road, but it takes us away from the task at hand.

In some cases, law enforcement may take action. They may issue fines for those who egregiously slow down and stare at accidents or events on the road.

While rubbernecking can sound benign, the consequences are far reaching. It is another reminder that safe and attentive driving is important for our own wellbeing –and the safety of others.

How a rubbernecking lawyer can help if you've been involved in an accident

Is rubbernecking illegal?

In most jurisdictions, the simple act of rubbernecking is not typically illegal. Law enforcement strongly advises drivers to stay focused on the road to avoid the problems that result from rubbernecking.

In fact, rubbernecking can lead to serious illegal offenses or violations of traffic laws. Below are a few incidents than can occur from rubbernecking:

Distracted Driving

Rubbernecking is distracted activity. People divert their attention away from the road and towards something of interest. This distraction can lead to traffic accidents and violations.

Following Too Closely

Slowing down to view an accident on the side of the road may cause issues. Abrupt slowdowns can cause vehicles behind to crash or pile up.

Impeding Traffic Flow

If a driver unnecessarily slows down, it can cause a disruption to the flow of traffic. Disrupting the flow of traffic is a violation of traffic laws.

Obstructing Emergency Responders

Emergency responders will need to navigate through traffic to assist the collision of interest. Rubbernecking can cause them delays and disruptions in accessing the scene of the accident or emergency. Obstructing emergency responders can lead to legal consequences.

What should you do if you’ve been in a rubbernecking accident?

A rubbernecking accident may look like other types of vehicle accidents. Therefore, the procedures you should follow are the same. If rubbernecking caused your involvement in an accident, you must ensure your safety. You will want to comply with all necessary legal and insurance procedures.

Here's what you should do:

1. Check for Injuries: Your top priority is to check yourself and any passengers for injuries. If anyone is hurt, call emergency services immediately. If it's safe to do so, remove your vehicle out of the flow of traffic. This will help you mitigate additional accidents and injuries.

2. Share Information with Others Involved: No matter who is at fault, you will want to exchange information with all others involved. This involves exchanging names, contact information, insurance details, and vehicle registration information.

3. Document the Accident: If it safe for you to take photos, document the accident scene. You will want to use your smartphone or camera to capture vehicle damage, license plates, road conditions, and any visible injuries. This documentation can be helpful for insurance claims and legal purposes.

4. Contact Authorities: Report the accident to the police. Even if the accident is minor, you will want an official police report. This will come in handy later when conducting insurance claims and legal proceedings.

5. Collect Witness Information: If there were any witnesses to the accident, ask for their contact information in case their statements are needed later.

6. Call Your Insurance: Get in touch with your insurance company ASAP. When you report the accident to them, be sure to provide accurate and detailed information about what happened. Follow their instructions for filing a claim.

7. Seek Medical Attention: Even if you don't believe you're seriously injured, it's a good idea to seek medical attention after an accident. Not all injuries are obvious right away. Getting a medical check-up can make sure you get the right treatment and have a record of your injuries.

8. Cooperate with Authorities: Follow any instructions given by law enforcement officers at the scene. Be truthful and provide accurate information.

9. Avoid Blame and Apologies: Do not admit fault or apologize for the accident, as this could be used against you in insurance claims or legal proceedings.

10. Consult an Attorney: If the accident resulted in significant injuries, property damage, or disputes with insurance companies, consider consulting with a personal injury attorney. A team like Huber Thomas Law can help protect your rights and navigate the legal process.

Every accident is different, so the actions you should take can vary based on the situation and laws in your area. Always prioritize safety and follow the guidance of law enforcement and your insurance company.

Consulting a rubbernecking lawyer if you've been involved in an accident

Who is liable in a rubbernecking accident?

Liability in a rubbernecking accident is determined similar to other types of accidents. It depends on the unique circumstances of the incident. Liability will not be determined until all actions and behaviors of those involved are reviewed.

Common situations may include:

The Rubbernecker is At Fault

If the rubbernecker was distracted and driving without caution, they may be found at fault. They will have to work with their liability insurance to cover vehicle damage and passenger or driver injuries.

The Other Driver is At Fault

There may be cases where the rubbernecker shares responsibility with another driver. If another driver follows too closely, speeds, or makes an unsafe maneuver, it may contribute to an accident with the rubbernecker.

A Third Party is Involved

Liability is complex, and situations may involve other parties. Pedestrians or cyclists may also find themselves in these rubbernecking accidents. Liability will be determined based on the specific actions of all who were involved.

Comparative Negligence

There may be some instances where multiple drivers share liability. A rubbernecker and another driver or third party may be at fault. If this is determined, damages will be apportioned according to their degree of fault.

Determining liability is always a complex matter. Your insurance company and legal team will weigh all evidence in order to determine who was at fault in the accident. Sometimes, this isn’t enough. Battles may ensue as a result of disputes or disagreements of liability.

If you find yourself involved in a rubbernecking accident, you need to protect your interests. This begins by following all proper procedures: contacting the police, exchanging information with other drivers, and documenting the scene.

Even further, you will want a legal team on your side. Huber Thomas Law team will guide you, reduce stress, and make sure you get the compensation you deserve.

Why is it important to seek legal help after a rubbernecking incident?

No matter the type of vehicle accident, legal representation is paramount. In a rubbernecking case, finding a reputable attorney to handle your case is important for several reasons:

1. Determining Liability: Determining fault in a rubbernecking-related accident is not easy. Facts of the case must be reviewed in order to determine liability. Our legal team at Huber Thomas Law investigates circumstances thoroughly, gathers evidence, and interviews witnesses to determine liability. It is how we begin relentlessly pursuing compensation for injuries and damages.

2. Navigating Insurance Claims: Insurance companies notoriously undercut compensation. Attorneys, like those at Huber Thomas Law, can negotiate with insurance adjusters to ensure you receive fair compensation. We can also help you understand your insurance policy and any potential limitations.

3. Understanding Your Rights: When you are involved in a legal matter, you need to be aware of your rights and options. Our legal professionals can provide guidance on the best course of action. We'll give you advice on whether to make a personal injury claim, settle, or go to court.

4. Maximizing Compensation: An attorney can help you seek maximum compensation for medical bills, property damage, lost wages, pain and suffering, and other damages resulting from the accident. They can calculate the true value of your claim and ensure you don't settle for less than you deserve.

5. Dealing with Legal Complexities: Legal processes can be complex, with various deadlines, paperwork, and legal procedures to follow. Huber Thomas Law can handle complex tasks for you, ensuring correct document filing and meeting important deadlines.

6. Fighting for Justice: If your case goes to court, our attorneys can represent your interests. We’ll present a strong legal argument on your behalf. We will tirelessly advocate for your rights and ensure that we hold the responsible parties accountable for their actions.

7. Reducing Stress: Dealing with the aftermath of an accident, including injuries and property damage, can be incredibly stressful. We will shoulder the legal burden, allowing you to focus on your recovery and well-being.

8. Access to Resources: You don’t need to handle this on your own. We have access to resources, such as accident reconstruction experts and medical experts. This access allows us to provide you with valuable insights and testimony to strengthen your case.

In short, seeking legal help after a rubbernecking incident is essential. A legal team can assist you with your rights. They can also increase your chances of fair compensation. Additionally, they can help reduce the stress of legal processes.

Our rubbernecking lawyers at Huber Thomas Law are skilled and will guide you through the entire process. They will work diligently to ensure that you receive the justice and compensation you deserve.

Choose Huber Thomas Law to Protect Your Interests

With Huber Thomas Law, you have a formidable ally in your corner. We understand that dealing with the aftermath of rubbernecking accident can be a challenging and overwhelming experience. Having a seasoned car accident lawyer in New Orleans by your side can truly make all the difference.

At Huber Thomas Law, we believe in putting our clients first. That's why we offer free consultations to discuss the specifics of your case. It's an opportunity for you to get to know us, and for us to understand your unique situation. We'll provide you with insights, answer your questions, and help you chart the path forward. Don't carry the burden alone – let us stand by your side. Schedule your free consultation today, and let's take the first step toward achieving the resolution you seek.

Rideshare services, like Uber and Lyft, have provided a convenient form of travel for millions of people around the country. In the U.S., Uber alone accounts for 14 million trips taken every day. Rideshare services have made trips to and from airports, restaurants, bars, and concerts faster and safer for travelers in New Orleans – saving time on parking and reducing the risk of drunk driving.

Much like other forms of travel, rideshare services carry potential risks. University of Chicago researchers found that ridesharing services in a city were associated "with an increase of approximately 3% in the number of motor vehicle fatalities and fatal accidents."

Whether you are a passenger, driver, or third party involved in a rideshare accident, it’s important to understand your rights.

What to Know About Rideshare Accidents

In a rideshare service, a passenger is transported in the driver’s personal vehicle in exchange for payment. Think of all of the potential risks of driving your own personal vehicle. You could collide with another car, bicycle, or pedestrian. These accidents also have the potential of occurring when a service like Uber or Lyft is involved.

However, there are additional legal stipulations due to the involvement of the rideshare company, Uber or Lyft, in providing this service. At Huber Thomas Law, we are experienced in handling rideshare accident claims, and we want to empower you with the knowledge below.

Common Causes of Rideshare Accidents

Knowing that accidents can occur in your own vehicle, you can quickly understand that these risks also apply to rideshare services. Below are a few of the common causes of rideshare accidents.

Distracted Driving

An accident can occur between a rideshare driver and another driver as a result of distracted driving. Distractions like phone calls, texting, navigation adjustments, or rideshare app interactions can keep a driver from maintaining focus on the road.


Reckless behavior like aggressive driving and disobeying traffic laws can cause harm on the road. An accident may occur as a result of a rideshare driver or another driver exhibiting aggressive or illegal behavior.


Some Uber and Lyft drivers, and other drivers on the road, may work long days and into the night hours. An accident has the potential of occurring if fatigue has impaired driving abilities.

Improper or Inadequate Maintenance

Rideshare drivers must keep their vehicles maintained and up to date in order to keep themselves and their passengers safe. If brakes, taillights, tires, or other vehicle components become worn, they have the potential to cause an accident.

Unsafe Weather

Adverse conditions, such as rain or fog, can cause risks on the road. If a driver is unequipped to handle such weather, they may be at fault for any accidents that occur when driving during these conditions.


Uber and Lyft require that all drivers maintain the minimal requirements to operate an automobile. However, a rideshare driver or another driver on the road may lack experience or qualifications which can lead to an accident.

Many factors are usually at play when a rideshare accident occurs. An experienced legal team like Huber Thomas Law can evaluate the facts of the case and determine whether negligence was at play.

Potential Harm Resulting from Rideshare Accidents

Rideshare accidents can lead to physical, emotional, and financial harm. Below are a few of the impacts of a rideshare accident.

Physical Injury

A physical injury from a car accident may be minor, including cuts and bruises, to major, such as broken bones, head injuries, or internal injuries.

Emotional Distress

An accident is a very traumatic experience. Those who have been involved in major vehicle accidents often experience emotional impacts afterward, including post-traumatic stress disorder (PTSD), anxiety, and depression.

Property Damage

Accidents can occur that not only cause damage to one or more vehicles but also to surrounding structures, such as fences or poles. These may require replacements or repairs.

Lost Wages

If an injury occurs that keeps an individual from working, lost wages are considered damages resulting from an accident. These lost wages can cause financial strain and impact a person’s livelihood.

Medical Expenses

The cost of ER visits, hospitalization, surgeries, and other medical treatments can add up. Medical expenses can be considered in a rideshare accident claim, as they impact the financial health of an individual involved.

After an accident, your safety should be your number one priority. Not only is it important to seek qualified medical evaluations, but also legal evaluations. A dedicated team like Huber Thomas Law can assess the damages that occurred as a result of the accident and determine the right compensation for you.

What to Do After a Rideshare Accident

two motorists contacting authorities after car accident As more people use rideshare services, accidents are more likely to occur. The legal field is quickly acclimating to this new area of law, and Huber Thomas Law has been at the forefront of representation in these cases. We bring our specialization in personal injury to these unique cases, helping our clients recover emotionally, physically, and financially.

Whether you are a passenger, driver, or third party involved in the accident, it’s important to know the proper steps to take.

Seek Medical Attention

Safety is the number one priority after an accident. Call for medical assistance if you or anyone involved has been injured as a result of an accident. Even if you do not feel injured at the moment, medical evaluation is essential. Some injuries may have delayed symptoms.

Call Law Enforcement

It’s necessary to contact the police and file a report that details the incident. This will be a vital document when submitting a claim for damages. Be sure to provide detailed information about the incident, including parties involved, location, and injuries sustained.

Report the Incident to the Rideshare Company

Rideshare companies have a process for reporting incidents. You will need to report the accident within your rideshare app, following their guidelines for doing so. The only information you need to provide is the date, time, and location of the accident, as well as any injuries or property damage incurred.

Gather Photos and Videos

Be sure to take photos and videos of the accident scene. Documenting the scene is important for both insurance and legal claims.

Exchange Information

Make sure to gather all parties involved in the incident's names, contacts, insurance, and license plate information. In a rideshare accident, be sure to document who is who between the driver, passenger, and third-party involved – and identify the name of the rideshare company.

Get Witness Information

If there are any observers of the accident, obtain the name and contact information of these witnesses. Their stories may be valuable in legal testimony determining liability in a rideshare accident.

Do Not Admit Fault

Whatever you do, do not admit to any fault in the rideshare accident. This may be interpreted as an admission of guilt. If you believe you are at fault, withholding this sentiment is still important. An accident is complex, and it’s important to not make any assumptions.

Report the Accident to Your Insurance

Be sure to call your insurance company to report the accident, even if you were a passenger. Provide information and details about the accident and follow the directions your insurance company provides. Do not talk to the rideshare company’s insurance or representatives without legal counsel. 

Find Legal Counsel

Your next step is to get a legal team in your corner. Huber Thomas Law will help you understand your rights and navigate the complexities of the incident and resulting claims.

Keep All Documents

As you navigate reporting the incident and recovering from injury, keep all documentation safe and secure. Documents like medical records, police reports, insurance correspondence, and other information may be used as evidence in legal proceedings.

Follow All Medical Treatment and Expenses

Be sure to keep up with your prescribed medical treatments and document all medical expenses related to the accident. These records will be useful in establishing damages and pursuing compensation.

How an Attorney Can Help After a Rideshare Accident

When dealing with insurance claims, medical bills, and lost wages after a rideshare accident, it’s important to find legal support. Rideshare accidents can be devastating, whether you were the passenger, rideshare driver, or even someone else on the road.

Our experienced team at Huber Thomas Law can walk you through the process of getting the compensation you deserve. We have helped bring numerous cases to trial, securing millions for our clients. We’ll help you navigate the complexities of rideshare accidents, deal with insurance companies, determine liability, and understand legal procedures.

Frequently Asked Questions

What should I do if I’m a passenger in a rideshare accident?

If you were the passenger in a rideshare accident, follow the steps outlined above and summarized below.

  1. Seek medical attention.
  2. Contact local authorities to file a police report.
  3. Call your own insurance company, even though you were the passenger.
  4. Report the incident to the rideshare company; however, do not talk to the rideshare company’s insurance or representatives without legal counsel. 
  5. Document the scene and gather contact information of all parties involved, including witnesses.
  6. Keep all medical, insurance, and police records.
  7. Seek legal counsel.

What should I do if the rideshare driver is at fault?

If you believe the rideshare driver was at fault, follow the steps outlined above. It’s important that you fully document the scene, including photos of the rideshare signage within their vehicle.

Remain calm and do not assume fault. Bring all evidence and a description of the incident to a legal representative. An attorney will be able to review the facts of the case and determine the responsible party's liability.

How can I determine liability in a rideshare accident?

Determining liability in a rideshare accident is a complex issue. It requires reviewing all evidence, including photos and videos taken at the scene and police reports. To determine liability, you must also understand local laws and regulations, as well as rideshare company policies.

A legal representative with experience in rideshare accidents can take this stressful analysis off your shoulders. At Huber Thomas Law, we fully understand the complexities of navigating rideshare accident cases. We’ll review all of the facts of the case and help you determine liability.

What damages can I recover in a rideshare claim?

The full amount of damages that one can receive in a rideshare claim depends on local laws and regulations, the extent of the harm, and facts regarding the incident. A few of the damages that one could seek compensation for include:

  1. Medical bills
  2. Property damage
  3. Lost wages
  4. Emotional distress
  5. Disability
  6. Loss of consortium
  7. Punitive damages

By working with Huber Thomas Law, we’ll take into consideration all of the harm done and ensure you receive the maximum compensation you deserve.

How long do I have to file a rideshare accident claim?

For the state of Louisiana, the statute of limitations for all vehicle claims is one year from the date of the accident. Do not hesitate if you have been injured in any way following a rideshare accident.

Seek Legal Support from Huber Thomas

lawyer shaking hands with clientA rideshare accident is a stressful experience. We seek to resolve your case and help you recover through clear communication, informed guidance, and personal attention. Choose Huber Thomas Law to represent your best interests in a rideshare accident case.

We know how personal, business, and property damage can disrupt your world. You suddenly have to handle the physical, emotional, mental, and financial stressors resulting from the incidentAnd, if you were wronged or harmed by another party, there may be legal ramifications to sort through.

Finding an attorney to be in your corner is valuable, as long as they are the right advocate for you. If you don’t know where or how to begin, follow our 10 steps below. We at Huber Thomas Law want to help simplify this overwhelming process for you.

1. Determine if it’s the right time to hire an attorney. 

Hiring an attorney for your case.

If you have recently been harmed by the negligence or carelessness of another, it may be time to seek the support of an attorney. It’s important to begin the process of hiring an attorney as soon as possible, giving your legal team ample time to protect your best interests.

When the following events occur, be sure to get your search started immediately.  

  • Physical injury due to negligence, including vehicle accidents or slip and fall 
  • Wrongful actions against your business 
  • Injury due to a product’s design, manufacturing, or label defect 
  • Property damage following a natural disaster 

2. Decide what type of attorney you need. 

Many attorneys specialize in a specific type of law, whether through a certification or a long history in a specific practice area. Deep knowledge and experience set clients up for better case success. There are many attorney specialties, including estate planning, intellectual property, and personal injury, to name a few. Below are a few specific cases and the type of attorney needed for each. 

Physical Injury Due to Negligence 

If you were injured in an automobile, rideshare, trucking, motorcycle, bicycle, pedestrian, or boating accident, you need a personal injury attorney. You will also need to seek a personal injury attorney if you’ve experienced a slip and fall on someone else’s property. 

Wrongful Actions Against Your Business 

If you and your business have been financially harmed through the negligent or fraudulent acts of an individual or another business, you must hire an attorney who deals with business torts. These actions could include contract interference, restraint of trade, theft of trade secrets, misrepresentation, trade libel, or defamation.  

Injury Due to a Product’s Design, Manufacturing, or Label Defect 

When a product has caused you harm, you must hire a product liability attorney quickly. Injury caused by a product could be due to a design, manufacturing, or label defect. A product liability attorney will help you navigate the complexities of these cases and hold companies accountable for any damage.  

Property Damage Following a Natural Disaster 

In the Gulf South, we are all too familiar with the profound losses natural disasters can cause. There are ways to recover if you have a property damage attorney in your corner. A property damage attorney can help you navigate insurance claims after the flood, hurricane, fire, and tornado damage. Hiring a property damage attorney can also be advantageous in the event of willful damage, including graffiti and arson.  

3. Research attorneys in New Orleans.

Once you understand what type of attorney you need, it’s time to do your due diligence before hiring one. By searching “personal injury attorneys near me” or “property damage attorney New Orleans” online via Google, you’ll find listings and websites that match your search. Take a glimpse at the websites of the firms and attorneys listed to get an idea of whether they match the type of assistance you need.

4. Evaluate attorney experience. 

Many attorneys and firms include their “resumé” of experience on their websites. However, experience is about more than where the attorneys went to law school. Review each firm's history and success stories to get an idea of their level of experience in your specific area of need.

5. Read attorney reviews and ask around.

A firm’s reputation is an important factor to consider when choosing an attorney to hire. By asking personal connections, such as family and friends, and reading online reviews, you can get a good idea of their trustworthiness, integrity, and success rate. Community reviews can be found in places like Facebook business pages and Google listings.  

6. Schedule more than one attorney consultation.

To be your best advocate, and find the best advocate for you, scheduling more than one consultation with a list of attorneys is key. This is a time when you can ask your potential attorney all of your most pressing questions before hiring them. Many firms provide free consultations for this reason, allowing potential clients to fully evaluate their firm’s approach, fee structure, and compatibility. 

7. Prepare a list of questions to ask each attorney.

Before your consultations, prepare a list of questions that you would like to ask each attorney. Asking each firm the same set of questions will give you an idea of their comfortability with your type of case, compatibility with you as a client, and communication style in educating you about your case. Common questions include:  

  • What is your experience with my type of case? 
  • How many cases have you handled in [insert type of law]? 
  • What have been some of your case outcomes? 
  • What is your typical approach or process? 
  • Do you have trial experience? 
  • Can you send me references from past clients? 
  • What is your current assessment of my case? 
  • How will you keep me updated on my case? 
  • What outcome do you expect for my case? 
  • When do you expect this case to be resolved? 
  • What is your fee structure? 
  • Are there any additional costs I should be mindful of? 

No question is off the table when it comes to finding the right attorney for you. A trustworthy attorney will want to make sure you are equipped with knowledge regarding your case.

8. Compare attorney fee structures and affordability.

Financial affordability should be considered before hiring an attorney. Fee structures differ depending on the attorney or firm. Some may charge a flat fee or by the hour, and some will charge a fee based on a percentage of the winnings in your case.  

Payment By the Hour 

Some attorneys charge their clients based on the number of hours worked. These hours accumulate through client meetings, case research, document drafting and reviewing, and time spent in court. The hours spent on these activities will then be multiplied by the attorney’s hourly rate and billed to you on a predetermined schedule. Some attorneys may even charge a retainer fee that can be withdrawn as they bill you for services.  

When working with an attorney who has an hourly fee, be sure to review the itemized bill carefully for any discrepancies. This bill will contain a total of the hours spent, a description of the work done, and the hourly rate charge.   

Payment Through Flat Fee 

For uncomplicated matters, some attorneys charge a flat fee. This flat fee will cover the service and the specific activities it requires, no matter how long the case takes. You’ll receive an agreement with all service and flat fee details and be expected to pay this flat fee upfront. You will not be charged additional fees unless you request additional services, the scope of work shifts, or unexpected issues arise. In the event of these circumstances, your attorney will revise the agreement and require your approval before pursuing additional services. 

Payment Through Contingency  

Of all fee structures, contingency is the most cost-effective for the client. The attorney will not charge you an hourly or flat fee, but they will charge you based on the case outcome. This means your attorney will only get paid if they are successful in recovering money for you. If the case is not successful, you are not responsible for paying your attorney. 

Typical contingency fees are 33.33-40% of recovered compensation and will be agreed upon before the work begins. Your contract will outline all of the contingency terms, including how the attorney fee is calculated and any additional expenses that may be deducted. These additional expenses may include fees for depositions, witnesses, or filing. Please note that a contingency fee is not permissible in every type of case. 

9. Choose the attorney that is the most compatible.

If you’ve found attorneys who have the right specialty, experience, reputation, and fee structure, but still can’t decide whom to choose, go with your gut. Ask yourself if the attorney made you feel seen, heard, and reassured. Their resumé and reputation mean nothing if they cannot treat you with the dignity and respect you deserve. An attorney who is truly in your corner will be a fierce advocate who listens to your needs.  

10. Understand your Representation Agreement. 

When you’ve made your choice, be sure to fully understand the agreement between you and your attorney. All of the terms of your relationship will be documented in an easy-to-understand, one-page contract, your Representation Agreement, that will outline all of these topics. 

Scope of Work 

Your engagement letter will detail the services your attorney will provide and stipulate any services or activities that may be deemed “out of scope.” 

Payment Terms 

Whether hourly, flat, or based on contingency, your attorney’s fee structure, including hourly rates and/or contingency percentages, will be outlined in the engagement letter. The payment schedule will also be outlined and agreed upon. 

Client Responsibilities 

Your engagement letter will also express what is expected of you in working toward a successful case. You will be required to cooperate fully, including supplying documents and information that will support your case. 

Confidentiality Statement 

Your attorney should reassure you that your case will be kept confidential. However, there may be cases in which information must be disclosed. The parameters regarding case confidentiality will be detailed in the engagement letter. 

Termination of Contract 

If either party needs to end the case, a termination clause will outline guidance for doing so. This clause will specify how the contract may be terminated and the fees associated with termination.  

Add Huber Thomas to Your Attorney Search

The process of finding an experienced attorney you can trust can be overwhelming. At Huber Thomas Law, we want potential and current clients to be equipped with knowledge and confidence. This sense of trust is how we’ve recovered millions of dollars for our clients within our practice specialties:  

  • Personal Injury 
  • Business Torts 
  • Products Liability  
  • Property Damage 

We take the stress off of you through clear communication, informed guidance, swift action, and personal attention. Contact Huber Thomas Law when you’re ready to work with a tireless advocate for your case.  

The Jones Act is a federal statute that requires that goods transported between United States ports are  to be carried on vessels that are owned and operated by citizens or permanent residents of the United States. The full copy of the Jones Act can be found in Section 27 of the Merchant Marine Act of 1920. 

But the Jones Act doesn’t only apply to maritime commerce—it also provides significant protections to maritime workers classified as “seaman” under the Jones Act by allowing them to bring direct negligence actions against their employers following a workplace injury. This is a stark contrast to the traditional workers’ compensation scheme that prevents most land-based workers (and longshoremen) from maintaining negligence claims against the companies they work for.    

huber thomas law maritime jones act

All manner of commercial vessels may fall under the Jones Act, including but not limited to tugboats, tankers, oilfield service vessels, container and cargo ships, cruise ships, and commercial fishing vessels.  The Jones Act even extends to some offshore drilling rigs, drilling ships, and production platforms designed to a reasonably practical degree for transporting persons or cargo over navigable waters.

Three Requirements Must Be Met for the Jones Act to Apply

There are three requirements that must be satisfied in order to be eligible for Jones Act compensation:

  • The person must fit the definition of a “seaman” as outlined in the Act;
  • The incident must occur within the course of the person’s job ; and
  • The person’s illness or damage must be the product of their employer’s or another employee’s negligence.

The Definition of a “Seaman”

Only those who are deemed “seamen” are covered by the Act. Under the Jones Act, a person qualifies as a seaman if they have a connection to a vessel or a fleet of vessels that is substantial in both time and nature.

Courts generally consider whether a person’s labor supports a ship’s function or the attainment of the vessel’s goals or missions when deciding whether that person meets the Act’s definition of a seaman.

Contract employees, longshoremen, and port workers are not eligible for the Jones Act seaman status, though they may be able to file lawsuits for their injuries under other maritime statutes or general maritime law.

There Are Three Types of Actions You Can Assert as a Jones Act Seaman

Under the Jones Act and general maritime law, a seaman may assert claims for (1) Jones Act negligence, (2) unseaworthiness and/or (3) maintenance and cure. These claims are described below. 

(1) Jones Act Negligence 

The seaman’s first claim, under the federal law known as the Jones Act, is that his/her employer was negligent, and that this negligence was a cause of his/her injuries. Jones Act employers can be negligent for:

  • doing an act that a reasonably prudent person would not do, 
  • failing to do something that a reasonably prudent person would do, under the same or similar circumstances,
  • failing to provide for the safety of the crew, 
  • failing to comply with a duty required by law, 
  • assigning the seaman to perform a task that he/she was not adequately trained to perform and/or
  • failing to provide a reasonably safe place to work

Significantly, in a Jones Act claim, the word “negligence” is liberally interpreted. For example, Jones Act employers bear the responsibility for any negligence that played a part, however slight, in causing a seaman’s injuries. Further, the fact that an employer conducted its operations like that of other companies is not dispositive of whether it was or was not negligent.

(2) Unseaworthiness 

The seaman’s second claim is for unseaworthiness of a vessel that caused his/her injuries. A shipowner owes every member of the crew employed on its vessel the absolute duty to keep and maintain the vessel and all its decks and passageways, appliances, gear, tools, parts, and equipment in a seaworthy condition at all times. A seaworthy vessel is one that is “reasonably fit for its intended use.” 

The duty to provide a seaworthy vessel extends to the duty to supply an adequate and competent crew. And a vessel may be unseaworthy even though it has a numerically adequate crew, if too few persons are assigned to a given task. 

The duty to provide a seaworthy vessel is said to be “absolute” because the owner may not delegate that duty to anyone else. Significantly, liability for an unseaworthy condition does not in any way depend on negligence or fault or blame—if an owner does not provide a seaworthy vessel, no amount of care or prudence excuses the owner from liability. 

(3) Maintenance and cure

A seaman’s third claim is for what is called “maintenance and cure.” “Maintenance” refers to the cost of food, lodging, and transportation. “Cure,” on the other hand, refers to the medical care owed to a seaman who suffers an injury or illness while working in the service of the ship. Cure is owed until the seaman reaches what’s known as “maximum medical improvement.” 

A seaman is entitled to maintenance and cure even if he/she is not injured as a result of any negligence on the part of his employer or any unseaworthy condition of the vessel. To recover maintenance and cure, a seaman need only show that he/she suffered injury or illness while in the service of the vessel on which he/she was employed as a seaman. 

If, after investigating a maintenance and cure claim, the employer unreasonably rejects the claim, the employer is liable for both the maintenance and cure payments and for compensatory damages caused by the unreasonable failure to pay. Additionally, the employer may have to pay punitive damages and attorney’s fees if it is determined that its failure to pay maintenance and cure was not only unreasonable but was also a willful and wanton disregard of the seaman’s claim for maintenance and cure.


If a judge or jury finds that an employer is liable for Jones Act negligence or unseaworthiness, then the seaman is entitled to compensation. The following damages can be recovered:

  • past and future physical pain and suffering, including physical disability, impairment, and inconvenience, and the effect of the seamen’s injuries and inconvenience on the normal pursuits and pleasures of life; 
  • past and future mental anguish and feelings of economic insecurity caused by the disability;
  • income lost in the past;
  • impairment of earning capacity or ability in the future, including impairment of the seaman’s earning capacity due to his/her physical condition;
  • past medical expenses; and 
  • future medical expenses

Even Seamen Who Were Partially at Fault for Their Injuries Could Be Eligible for Compensation Under the Jones Ac

Even if they contributed to the accident or incident that led to their injuries, seamen are nonetheless eligible for compensation under the Jones Act. Even if they played just a small part in the harm, vessel owners may still be held accountable. The total amount of damages, however, may be reduced to account for the percentage of fault attributed to the injured seaman.

Family Members Can Assert Jones Act Claims on Behalf of their Loved Ones Involved in Fatal Maritime Accidents

When a family member passes away due to a sickness or injury sustained at work on a vessel, the Jones Act gives the family the ability to file a wrongful death lawsuit. The seaman’s death must have happened while he or she was working for the employer in connection with the vessel, just like with other Jones Act claims, and as a result of that employer’s carelessness.

Get in Touch with a Reputable Maritime Law Attorney Today

You may be entitled to compensation if you or a loved one were hurt while working in the service of a vessel. 

And, whatever you do, please do not accept any settlement offers from your employer or their insurance carrier before speaking with a qualified maritime attorney like those at Huber Thomas, LLP. 

When you suffer an injury due to someone else’s  negligence , you may have grounds to bring a personal injury claim against them..  But you do not have an unlimited time to do so; you need to bring the action before the deadline for filing expires.  We call that filing deadline the “prescriptive period” here in Louisiana, while the rest of the country refers it as the “statute of limitations.” Missing the deadline could mean that you are time-barred from bringing the claim altogether.

personal injury lawWhile other states allow injured parties to file suits as long as four years after the accident, in Louisiana, you generally have just one year to file a personal injury claim. That is why it is important to talk to an attorney sooner rather than later.  You do not want to lose out on the compensation you deserve due to personal injury statute of limitations.

What is the Purpose of the Personal Injury Statute of Limitations?

The main reason there are statutes of limitations is due to the erosion of evidence over time. If you are involved in a car accident today but do not bring a lawsuit for ten years, it would be difficult for either party to build a case.

They would likely not have access to witnesses, all physical evidence would likely have been destroyed, and their memory might not be clear about what happened either. The personal injury statute of limitations aims to ensure that both parties can build their strongest possible case so that justice can be served.

When Does the Clock Start on the Statute of Limitations

The "clock" of the statute of limitations generally starts ticking in most personal injury claims on the day the harm occurred. For instance, the date the collision happened in an automobile accident case.

What Happens if I File After the Personal Injury Statute of Limitations?

Although there are a few exceptions, you should know that  a court may dismiss your case if you bring a lawsuit after the  applicable statute of limitations period has expired. You could lose your chance to get a judgment ordering compensation for your losses and injuries.

What Are the Personal Injury Statutes of Limitations in Louisiana?

For most personal injury cases in Louisiana, you have one year from the date of the accident to bring the case. However, several exceptions to that general rule may apply.

What Are the Exceptions to the Personal Injury Statutes of Limitations in Louisiana?

Cases Involving Minor Children

The statute of limitations for accidents involving a child permanently injured by defective products begins on the child's 18th birthday, not the day of the event. Accordingly, regardless of their age at the time of the accident, they lose their right to submit a claim when they turn 19.

Multiple At-Fault Parties

The statute of limitations may be interrupted when a plaintiff  brings a personal injury claim  against one of several culpable parties before the deadline for filing. The plaintiff may then file a lawsuit against additional at-fault parties if an inquiry turns up further proof. A multi-vehicle collision is one illustration of this.

The Discovery Rule

After an accident, you can often quickly tell that you are injured and what caused that injury--consider an automobile or truck accident for example. Some injuries, however, do not have a "reasonably discoverable" underlying cause until years later.

When an injury or damage is not immediately obvious, the statute of limitations does not begin to run until the victim "knows or should reasonably know" that their injury is related to the person or entity that caused it. In other words, the victim must genuinely become aware of the problem before the time begins to run.

This is known as "the discovery rule," and it frequently applies to situations involving defective products, exposure to dangerous substances, and medical malpractice. A good example of this would be a products liability case where a particular chemical compound caused a plaintiff to experience injuries that were not immediately apparent.

Other Exceptions to the Statute of Limitations

Various other exceptions could apply, including:

  • The plaintiff is deemed mentally incompetent
  • The claimant is a prisoner
  • The accused filed for bankruptcy
  • The defendant is not within the state's or the county's purview
  • Negotiations for a resolution are still going on between the two parties

Your injury attorney can help you determine if your case qualifies for one of the exceptions.

Does the Personal Injury Statute of Limitations Apply to Wrongful Death Cases Too?

Yes. However, there is one main distinction. While the clock on a typical personal injury case will begin on the date of the injury, a wrongful death case's clock begins on the date of the death.

For example, if your loved one suffered an accident on June 1st but survived for another six months, the clock to file a wrongful death case would start on the date of their death – not on the June 1st date of their accident.

Timely Lawsuits in the State of Louisiana

It’s important that you act quickly if you want to file a personal injury lawsuit in the state of Louisiana. Your inability to file in a timely manner ultimately hurts you and your family if you’re seeking compensation for your damages.

If you believe you have grounds for a personal injury case, it is in your best interest to contact an attorney as soon as possible. If you have questions about statutes of limitations, or a personal injury claim, we at the Huber Thomas, LLP want to hear from you.Feel free to contact us with any questions you may have at 504-274-2509.

personal-injury-accidentIf you have been involved in an accident, you need the best possible representation on your side. Many people in this position have never needed an attorney before and are unsure how to find the right one. Continue reading for simple tips to help you find the best personal injury attorney in New Orleans.

1. Choose a Trial Attorney Even if You Do Not Expect Your Case to Go to Trial

95% of personal injury disputes are settled outside of court. This might lead you to assume you do not need a trial attorney. The fact is that while it is much more likely that you will not need an attorney with trial experience, you do not want to find yourself facing a trial with an attorney who is not prepared to take it on.

Working with a trial attorney assures you have choices and adaptability if the case cannot be negotiated as planned. It means you can be confident and dominate at the negotiation table, knowing you have your bases covered.

Most personal injury victims do not want to take their case to court because it costs more money, takes more time, and juries can be unpredictable. However, remember that this is true of the person or company you are suing, too.

Opposing counsel will be more inclined to offer a reasonable settlement if they know that your team is prepared to litigate the matter. We strongly suggest collaborating with a personal injury attorney in New Orleans who has the self-assurance to succeed at trial and obtain compensation if the case does go to court.

2. Have a List of Questions Ready to Go

You can learn a lot about an attorney by reading through their website, but you'll likely have additional questions. Before you set up a consultation, ensure you have a list of questions to which you need answers. Some questions we suggest asking include:

  • Have you taken on cases similar to mine?
  • What types of outcomes have you had in cases similar to mine?
  • How long do you think the case will take to resolve?
  • Will I be dealing with a single attorney, or will I have your entire law firm behind me?
  • How many years of experience do you have?
  • What do you think the strengths and weaknesses in my cases will be?

These are just a few of the general questions we recommend asking. You can also ask questions specific to your case. Just remember that an initial consultation is not a full strategy session. The attorney in question will not have access to all the facts, will not yet have spoken with expert witnesses, and will only be able to briefly review your case. That said, they should have enough information to give you a basic game plan.

3. Know What You Don’t Want to Hear

Ideally, your personal injury attorney in New Orleans will be straightforward and honest from the beginning. If they make promises that they can obtain a certain outcome or assurances that they can absolutely complete your case within a certain time frame, you should leave and find someone else.

The truth is that even the best attorney in the world cannot guarantee an outcome. You want someone who will fight tirelessly for you and who will be honest about the likelihood of the best possible outcome. You need an attorney you can trust.

4. Choose an Attorney Who Can Help You Handle Your Medical Bills

If you do not believe that your insurance company will pay 100% of your medical bills, and you are facing significant medical bills due to an accident in which someone else was negligent, you should contact an attorney immediately.

At Huber Thomas Law, we will work with nearby hospitals, healthcare organizations, and your insurance while preparing for your case. We can help you navigate the complexities of your medical expenses, insurance claims, applications for government assistance programs, such as Medicare or Medicaid, and if you were injured at work, Workers' Compensation claims.

We know that you already have a lot on your plate after suffering a catastrophic injury. Huber Thomas Law will help with your legal and financial concerns so you may concentrate on getting better.

5. The Law Can Be Confusing – Your Personal Injury Attorney in New Orleans Shouldn’t Be

Financial and insurance documents frequently include legalese that the average individual cannot understand. They are needlessly intricate, especially when a single word can make or break your case.

At Huber Thomas Law, we take great pride in being tenacious defenders of our clients. Our goal is to thoroughly explain everything you should know. If you have any questions, please get in touch with us anytime. A group of attorneys with a track record of success will be able to assist you. Additionally, you frequently don't pay anything unless we prevail in your case.

6. Their Payment Requirements Should Be Clear

It is often the case that personal injury attorneys take a case on a contingency basis. This means that there is no upfront cost. Their fee comes from the settlement or jury award they secure for you. In many cases, if they do not win your case then you will not owe them anything.

However, there are exceptions. However the attorney charges, whether hourly, on contingency, or per case, they should be clear about payment before you hire them. They should give you a fee schedule, if applicable. They should answer any questions you have about how and when you will be charged.

If you meet with an attorney who does not give you clear, direct answers to questions about money then they are not the right attorney for you.

At Huber Thomas Law, we take the majority of our cases based on a contingency fee, and thus we recover our fees at the end of the case and only if there is a settlement or trial verdict.

You Have Already Found the Best Personal Injury Attorney in New Orleans

You deserve the best personal injury attorney in New Orleans offer after an accident. We offer approachable legal advice here at Huber Thomas Law. We want to assist you in understanding the terminology and guide you through each step of the procedure. Our team is the best in town, and many factors differentiate us from the opposition.

Trust Our Legal Methods

personal-injury-attorneyHuber Thomas Law's interdisciplinary team has successfully recovered millions of dollars in settlements for our clients. Our distinctive strategy enables us to construct arguments that lead to just and equitable resolutions.

Despite having a particular lawyer assigned to your case, you will gain an advantage by having a whole team of attorneys on your side. Our entire team works together to achieve the final objective by bringing a variety of distinct perspectives and skillsets to the table, which assists us in advancing your case.

Our Impressive Track Record Speaks for Itself

The majority of personal injury cases are resolved out of court – 95 percent settle their differences through negotiation. Court battles are seldom the best option because they are costly and time-consuming.

Having stated that, we will stop at nothing to obtain just compensation for our clients. To ensure that we have the most leverage at the negotiating table, we prepare each case as though it will be heard by a judge or jury.

Consider the following case wins to get a quick idea of our courtroom success:

  • A $3 million jury judgment for a woman injured on an airport shuttle vehicle
  • A $1.6 million jury verdict for Jefferson Parish auto accident victim

Our lawyers have obtained millions of dollars on behalf of our clients by litigating hundreds of personal injury cases. We have tried many cases to verdict, and due to our breadth of experience, we are constantly prepared to file a lawsuit to defend our clients.

Call Now to Learn More About the Potential Compensation You Could Be Owed

Your ability to receive a settlement or jury award will be based on numerous factors, including:

  • How serious the injury was
  • The level of negligence on the part of the at-fault party
  • Your recovery time
  • Your lost wages
  • Medical costs

These are just some of the factors that will affect your compensation. We will talk to you about other damages you may have experienced and how you can be compensated for them.

Regardless of the specifics of your case, there is one thing you can always count on when you choose Huber Thomas Law: We create a unique strategy for every case to work toward the best possible outcome. Contact our office today to request a consultation with a personal injury attorney in New Orleans.