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.  

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. 

 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.  

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.  

Helmets

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. 

Seats

• 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. 

Passengers

• 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. 

Cargo

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

Children

• 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.  

Footrests

• A motorcycle must be equipped with footrests for passengers. 

Handlebars

• 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.  

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."

At 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.

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.

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.

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.

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.

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 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.

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.

New Orleans is a walkable city – a feature that both locals and tourists enjoy. The ability to walk through our oak tree-lined thoroughfares and bustling centers of nightlife is a facet of our rich culture. In our city, walking is often easier than driving, especially when you’re heading to the parade route or a French Quarter hot spot.

Yet there are risks that this walkability poses. In recent years, New Orleans has seen more deaths and injuries for pedestrians and motorists alike. This trend isn’t only happening locally. It also follows a trend seen nationally in many U.S. cities. It is alarming to consider that something as enjoyable as walking can become a risk in so many bustling areas of the country.

However, you may be wondering what is causing this increase in injuries and fatalities locally. Recently, city officials have cited a rise in distracted and impaired driving and an increase in larger vehicles on the road. With bigger cars on the roadways, you can imagine there is a higher likelihood of fatality for pedestrians.

With these risks in mind, pedestrians must practice extra caution when navigating our city streets. It may seem benign to quickly cross Magazine Street, hopping from store to store on such a walkable road. However, many locals and visitors may forget the immense threat jaywalking poses. We field many questions regarding this topic, including:

What exactly is jaywalking?

Is jaywalking illegal in New Orleans?

Why is jaywalking illegal?

Do pedestrians have the right-of-way in Louisiana?

What do I do if I was involved in a pedestrian accident?

As a law firm specializing in personal injury, we are your go-to source for questions like these. Read on to learn more about jaywalking and the risks it poses to pedestrians and motorists alike.

Jaywalking is the act of crossing a street where and when it is unlawful to do so. Pedestrians are expected to follow traffic signals and use designated crosswalks safely. Examples of jaywalking include the following:

• Crossing the road outside of designated crosswalks or intersections (mid-block)
• Disobeying traffic signals, such as the red hand or “Do Not Walk” symbol
• Crossing where it disrupts the normal flow of traffic
• Walking where pedestrian traffic is prohibited

Jaywalking can be dangerous for pedestrians and motorists alike. In the scenarios above, a moving vehicle may have little chance to stop or swerve to avoid a collision. Many jurisdictions provide fines or citations to pedestrians who jaywalk as a means of preventing accidents, injuries, and fatalities.

The New Orleans Code of Ordinances has several statements on what is and isn’t permitted regarding pedestrian and vehicle flow. In summary, jaywalking is illegal when:

1. There is an opportunity to safely cross at the nearest two intersections via a crosswalk and/or pedestrian signals.
2. It is impossible for the oncoming vehicle to stop or yield.
3. One is within our city’s business districts.

It is important for pedestrians to keep local ordinances in mind when walking around our city. Crossing mid-block in the Central Business District without using crosswalks or traffic signals may not seem dangerous. However, these safety measures are in place for a reason. We’ll get into why jaywalking is illegal in the next section.

There are a few reasons why jaywalking is considered illegal. Many people consider safety as the top priority, but there are other lesser-known priorities as well.

Safety

Traffic laws are in place to protect the lives of those using the road, including pedestrians, bicyclists, and motorists. Crossing the road in unsafe locations can increase the risk of accidents and collisions, leading to injury and/or death. By making jaywalking illegal, we can better ensure our streets continue to be walkable and safe.

Flow of Traffic

In large, bustling cities, the flow of traffic can easily be disrupted. Traffic laws are in place to ensure an efficient movement of traffic. If pedestrians were allowed to unexpectedly cross the road, the flow of traffic could be easily disrupted by congestion and potential accidents.

Predictability

Traffic laws and signals establish a sense of predictability for everyone on the road. By following these designated pathways, we can better anticipate the movement of others. Unpredictable roadways could lead to confusion and danger for everyone involved.

To consider the danger of jaywalking, we must first consider the inherent risks of being a pedestrian. In New Orleans, traffic accidents as a whole are on the rise. City officials recently revealed that there was a 32% increase in traffic fatalities between 2020 and 2021.

This is alarming for those who want to walk around our beautiful city. From 2020 to 2021, pedestrian fatalities increased from 11 to 21, doubling year-over-year. In 2022, 71 deaths from traffic accidents occurred. Half of these were pedestrians.

According to the Centers for Disease Control and Prevention, the U.S. saw over 7,000 pedestrian fatalities from motor vehicle accidents in 2020. That year, pedestrians made up one out of every six traffic accident deaths.

There are several factors that increase the risk of pedestrian injury and death. The CDC has identified the following risk factors:

1. Alcohol impairment by the driver and/or pedestrian
2. Increased vehicle speed by the driver
3. Urban environments
4. Roadways afar from the nearest intersection
5. Nighttime

As enchanting as our rich nightlife is in New Orleans, you can see how it poses major risks for motorists and pedestrians alike. For pedestrians in particular, the risk of injury or death increases when disobeying traffic laws and jaywalking into oncoming traffic.

With the growth in reckless driving and the number of larger vehicles on the road, pedestrians and drivers alike must practice caution. Accidents between pedestrians and motor vehicles can cause injuries and fatalities – and make our streets less safe. When walking around our cultured city, pedestrians must consider the risks of jaywalking.

You may be wondering, “If jaywalking is illegal, when do pedestrians have the right-of-way in New Orleans?” A pedestrian will have the right-of-way when:

1. Traffic signals suggest it is safe to walk.
2. Crossing via a marked or unmarked crosswalk.

The pedestrian must yield the right-of-way to vehicles when:

1. Crossing a street outside of a marked or unmarked crosswalk.
2. Traffic signals suggest it is not safe to walk.

However, there are stipulations that motorists must keep in mind. While it is illegal for a pedestrian to jaywalk or fail to yield to a vehicle, drivers of motor vehicles are still expected to practice caution. We’ll get into the reasons why in the next sections.

Granted that you’ve sought medical attention, recorded all relevant information from the accident, and reported the incident to authorities and your insurance company, seeking legal counsel should be your next priority.

It is important to find an attorney that specializes in personal injury and understands the traffic regulations in New Orleans. Your legal team will be able to review the facts of the case, including where, when, and how the accident occurred. This includes determining whether you as a pedestrian crossed the roadway lawfully.

At Huber Thomas Law, we specialize in recovering damages for injured parties. We understand that you may be navigating stressors, including sustained injuries, expensive medical bills, and an overall loss in quality of life. We aim to take the burden of seeking compensation off of your shoulders.

When you want to take legal action, we'll listen to your story and find the best way to handle your case. Below are the three scenarios we can help you navigate.

If You Crossed the Roadway Lawfully

Legal counsel is your best opportunity to fairly determine liability in the case. If you obeyed traffic signals and crossed the road legally, your team can decide if the driver is responsible. The driver may have acted in a negligent manner with activities including:

• Failing to stop completely at a stop sign or red light
• Failing to yield to the pedestrian's right-of-way
• Becoming distracted by their radio, cell phone, or other device
• Driving while impaired by alcohol and/or drugs
• Navigating the roadways aggressively

If the driver demonstrates evidence of such negligence, authorities may determine them to be at fault. This is the most favorable case for a pedestrian, as it may be less of a challenge to prove pedestrian liability.

If You Crossed the Roadway Unlawfully

The case may become more challenging if you crossed the roadway illegally. The counsel of the motor vehicle may argue that you were jaywalking and at fault for the accident. If the facts of the case measure up to this argument, it will be hard to recover compensation for your injury.

If Both Parties Are Responsible

Sometimes a pedestrian accident can be the result of negligence from both parties.  Louisiana has a comparative fault rule.

In a case, the people involved may receive a share of blame. This share of blame determines the amount of money they can receive as compensation. If you as a pedestrian crossed unlawfully, there is a chance that your amount of compensation may decrease depending on your determined fault in the accident.

 

Drivers and pedestrians alike have a responsibility to practice caution. However, as a driver, be aware that Louisiana law is particularly kind to pedestrians. It is a challenge to prove that a driver did not have a reasonable ability to avoid an accident.

After an accident, you must gather all relevant information, report the incident to authorities and your insurance company, and seek medical attention if you experienced an injury. Once you’ve done so, you must contact an attorney who specializes in personal injury law.

If you find yourself wondering who was at fault, reach out to our team at Huber Thomas Law. We’ll listen to your story, review all relevant evidence, and determine the best possible course to take for your case. We have experience in determining the most favorable outcomes for our clients.

When you work with Huber Thomas Law, you have a team in your corner. We’ll start with an initial consultation to determine which of the following three scenarios match the facts of your case.

If You Practiced Caution

Let’s say you were practicing caution and a pedestrian suddenly walked in front of your car. It will be tricky for your legal team to prove you made every accommodation to avoid a collision. The best-case scenario is if a judge or jury agrees that the pedestrian was jaywalking.

If You Did Not Practice Caution

If the pedestrian was crossing lawfully, their legal team may argue the incident occurred due to distraction or negligence. In this example, it will be difficult to obtain a favorable result or compensation for your case. There may be evidence that you participated in the following acts of negligence:

• Driving while intoxicated or impaired
• Failing to yield to the pedestrian's right-of-way
• Neglecting to completely stop at a stop sign or red light
• Being distracted by your cell phone, radio, or other device
• Speeding or driving with reckless or aggressive behavior

If Both Parties Are at Fault

There are many instances where comparative fault may be determined. The case could assign a percentage of fault to both the pedestrian and driver, reducing each party's compensation proportionally.

 

Now that summer is in full swing, more and more Louisiana residents are taking time to enjoy their favorite boating activities. At Huber Thomas Law, we want our clients to have a great time – but we want to keep them safe, too.

The bad news is that boating accidents are on the rise. Recreational boating accidents rose 18% from 2019 to 2020, from 105 to 124. In 2020, 24 people lost their lives in boating accidents. These statistics are similar to trends across the country, with a 26.3% overall increase in boating accidents from 2019 to 2020.

The good news is that most of these accidents could be prevented if proper boating safety tips are followed. According to the Coast Guard, five factors contribute to most boating accidents:

1. Operator inattention
2. Operator inexperience
3. Improper lookout
4. Excessive speed
5. Machinery failure

Read on to learn the best boating safety tips to follow. Of course, nothing can prevent 100% of accidents. If you suffer an injury in a boat accident, contact Huber Thomas Law at (504) 274-2500 for a free legal consultation.

Three out of four people who die in a boating accident drown. About 86% of those who drowned in boating accidents were not wearing life vests. It is essential to wear a life jacket at all times to protect you if you enter the water unexpectedly.

Federal law requires that every boat has at least one U.S. Coast Guard-approved life jacket for each person aboard the boat. Louisiana boating laws require that children under the age of 17 wear a life jacket if they are on a vessel less than 26 feet.

People of all ages on a motorboat less than 16 feet long with a hand tiller outboard motor must wear a life jacket while the boat is moving. Everyone aboard a pirogue, kayak, personal watercraft, or kayak.

Remember that the job of a life jacket is more than just keeping you afloat. The best models are designed to turn a person's face up if they are unconscious, and some are even designed to protect against hypothermia.

Before choosing a life jacket, try it on by fastening the vest. Then hold your arms straight above your head and ask someone to pull the top of the arm opening. The vest should fit snugly. Buy a life jacket that fits the specific type of on-water activity you will be doing. For example, if you'll be fishing, find a life jacket with pockets and straps to carry supplies.

Be ready for everything because you can never be too sure when an emergency will arise. No matter the size of your boat, you should always have your boat safety kit with you, and this kit should have the following items.

• A Flashlight

  If you run out of gasoline or your boat stalls, a flashlight and additional batteries will help you see around your boat in the dark. It can also make you visible to other boats if you are in distress at night.

• Duct tape

  If something is leaking on your boat, duct tape can work wonders as a temporary fix.

• A Bucket

  In the event water enters your boat, a bucket can be instrumental in quickly getting it out.

• First Aid Kit

  In the event of an accident or medical emergency, having a first aid kit that is fully stocked and knowing how to utilize it is essential. It should include:

  • A first aid guide.
  • Over-the-counter pain medication
  • Eyewash
  • Burn cream
  • Cotton pads or swabs
  • Bandages
  • Antiseptic cream or spray
  • Absorbent pads
  • Rolled gauze
  • Foil blanket
  • Tweezers
  • Alcohol wipes
  • Disposable gloves

• Ropes

  Ropes are essential for rescuing someone who has fallen overboard, docking your boat, and fastening loose objects in bad weather.

• Trash Bags

  Garbage bags can be used as ponchos in the rain to protect objects on board.

• Fire Extinguisher

  Just because you're on the water doesn't mean that you can't have a fire inside your boat. Your fire extinguisher should be accessible to all passengers, and they should all know where to use it.

Make sure that you adhere to suitable anchoring techniques. It's not enough to have the proper anchor. You might need to drop two anchors in the shape of a V at the front of the boat to prevent it from drifting in the wind. It could be necessary to place your anchor in deeper water, perhaps 20 to 30 feet deep, to help prevent the tide from raising it.

Docking might be difficult depending on the wind, the current, and your type of boat. Make sure your bumpers are out as you go closer to the dock or shore to protect your ship, slow down, and make sure the docking lines are fastened. Bring the boat about two feet from the dock if the wind is blowing in that direction; the breeze will then gently pull it in. Then you can use lines to secure it. Approach the dock at a 20-to-30-degree angle to account for the wind if it is blowing away from the beach. Then tighten the bow line.

Remember that these boating safety tips only cover the basics. If you are not experienced in proper docking and anchoring procedures, consider the next suggestion. In addition to the above, here are also some additional tips to keep you accident free this summer.

According to the U.S. Coast Guard, operator error is at blame for 70% of boating accidents. Make sure you are familiar with the guidelines and your obligations before you leave the port. There are many online courses accessible, some of which are free.

A free online boating safety education designed expressly for each state is available from The Boat U.S. Foundation. A further selection of online and in-person courses for boating safety is provided by the U.S. Coast Guard.

No matter how closely you follow boating safety tips, you cannot prevent 100% of boating accidents. Boating mishaps are terrifying, and it might be challenging to know what to do or how to react in the heat of the moment. It's critical to keep in mind what to do in the aftermath of a boating disaster to protect your legal rights, prevent more injuries, and maybe save lives.

• Ensure the Safety of Everyone on Board

  Finding out if anyone requires medical assistance should come first in a boating accident if you are on board and the boat is still floating. If you can, help anyone who has fallen overboard get back aboard the boat. If the boat is breaking apart or sinking, you should climb onto any accessible rafts or floating debris and call for assistance. You should put on your life jacket to stay afloat until help arrives.

• Inform the U.S. Coast Guard of the incident

  If the boat is still moving, pull it away from approaching vessels. As soon as possible, get in touch with the U.S. Coast Guard to report the mishap, its location, and whether any medical aid is necessary. Certain boating incidents must be reported in accordance with federal law, such as when a person is killed or when the damage to the vessel costs $2,000 or more.

  When a boating accident occurs, stay at the scene. Just as in a car accident, you have a responsibility to report the incident and help with the investigation, especially if anyone is hurt.

• Gather Information

  You should acquire specific information at the accident scene. This includes:

  • Name and contact information of any passengers on your boat or any other boats involved in the collision, and from any eyewitnesses who may have observed the accident from land or other boats
  • Other boats' registration numbers
  • Insurance information, including names, addresses, and policy numbers, for all other vessels involved in the accident
  • Pictures of the boat damage, the accident site, and any other details you want to document or keep track of, if it's safe to do so

 

• Contact a Louisiana Boating Accident

  Louisiana law allows you to file a claim for damages sustained during your accident if you were injured due to someone else's negligence. This could include medical costs, property damage, pain and suffering, and more.

 

We recommend contacting Huber Thomas Law immediately to find out your legal options.

Car insurance rates charged by Louisiana's largest auto insurers have been on a double-digit run, mirroring a national trend the industry says is fueled by more accidents and a spike in claims costs.

"We're seeing it play out all across the nation. It is universally attributed to a combination of distracted driving, cellphone use while driving, and more miles, cheap gas," Insurance Commissioner Jim Donelon said.

Car insurance rates were virtually flat over a five-year period, increasing about 1 percent annually, Donelon said — until about five years ago. Louisiana's auto insurance rates since then have been rising at a faster clip, with the largest jump, an 8 percent average, taking place in 2016.

It's too early to say how much rates will rise in 2017, Donelon said, but the trend could level off soon.
More recently, State Farm, Louisiana's largest insurer with more than 1.1 million policyholders, raised car insurance rates an average of 13.5 percent on Jan. 30. A year earlier, the company raised rates an average of 8 percent.

Progressive Security increased rates 4.1 percent in early 2016 and 9.4 percent late in the year. Allstate increased rates an average of 9.5 percent in 2016. Geico Casualty plans to increase car insurance rates by 16 percent this year. Louisiana Farm Bureau is raising rates by 14.2 percent, but the company's filing with the state Insurance Department says a 19.4 percent increase is justified.

Those companies write the bulk of the state's auto insurance, and their recent filings did not include the impact of the August flood that destroyed tens of thousands of cars. Future rate filings may.

"Auto insurers look at past catastrophic events to determine what their expected future comprehensive losses may be," Deputy Insurance Commissioner Ileana Ledet said. "So down the road we may see insurers raising the comprehensive portion of their rates a bit to anticipate a future catastrophic flood of the extreme magnitude we saw in August."

Insurance industry members and consumer advocates say a number of factors lie behind the recent rate increases.

The Great Recession that wiped out tens of thousands of jobs nationwide meant fewer people driving. As the economy recovered and gasoline prices fell, more drivers hit the road, mainly for work. They got into more wrecks — crashes that cost more to repair in part because of the expensive technology built into vehicles.

In 2015, the number of miles driven in the United States rose 3.5 percent, the biggest increase in more than 20 years. The number of accidents rose nearly 4 percent, according to the National Highway Traffic Safety Administration. From 2011 to 2015, the latest year available, the number of accidents jumped nearly 18 percent.

In Louisiana, while the number of miles driven dipped slightly from 2014 to 2015, the number of accidents jumped more than 7 percent, according to a report from LSU's Highway Safety Research Group. From 2011 to 2015, the number of crashes rose by 12.4 percent.

Over that same period, Louisiana's auto insurers have seen claims costs increase from 67.4 percent of the $2.0 billion in premiums collected in 2011 to 76.7 percent of $2.3 billion collected in 2015, according to Insurance Department records. State Farm lost $84 million on its auto business in 2015.

Robert Hunter, director of insurance for the Consumer Federation of America, said lower gasoline prices, coupled with more optimism about the economy, led to more driving. The increase in driving explains most of the increase in losses.

Meanwhile, claims costs, which include medical care and auto repair costs, jumped 13 percent over the two years ending in March 2016, according to the Insurance Information Institute, an industry-funded group. That's 10 times the rate of inflation.

Increases in income have given consumers the means to buy newer cars, said Loretta Worters, a spokeswoman for the institute. While many of these cars have all types of safety features that might help prevent accidents, those cameras and sensors are also much more expensive to fix or replace when damaged.

"The problem is all these cars nowadays, they have so many bells and whistles on them. I've seen side view mirrors get knocked off and cost a thousand dollars," said Jerome Wiley, general manager of Gordon & Sandifer Auto Service Inc. in Baton Rouge.

Take into account: Cameras in each mirror to eliminate blind spots. Touchscreen displays with warning indicators for each angle. Front collision warning systems, basically a radar mounted at the front of the vehicle. Multi-airbag systems. Seatbelts that automatically tighten and lock in accidents. All of it costs money, Wiley said.

Even simpler repair components, like paint, cost more as manufacturers comply with federal regulations designed to limit potentially harmful emissions, he said.

Add in the impact of distracted driving, and it's not hard to see why car insurance rates are rising. The National Highway Traffic Safety Administration said distractions account each year for 18 percent of crashes with injuries, 15 percent of property damage-only accidents and about 10 percent of traffic fatalities.

Distracted driving accounts for about 20 percent of Louisiana's fatal crashes, although the NHTSA says state numbers "are not necessarily representative of actual occurrences, but maybe more indicative of reporting issues." Fatal crashes account for less than 0.5 percent of Louisiana's traffic accidents.

Distracted driving includes smartphone activities such as texting and talking, watching videos, reading, eating, drinking and adjusting the sound system.

Wiley said smartphone usage has overwhelmed the accident-prevention technology on new cars and trucks.

"I'd say over half of the wrecks we see people bringing in — they won't admit to it — is from distracted driving. And distracted is usually their phone," Wiley said.

State Farm spokesman Kip Diggs said distracted driving, whatever the cause, has always been worrisome.

"However, our concern has grown, as it has likely become a greater loss exposure. Increased phone usage, enhanced technology and various other distractions now accessible or available in vehicles are all contributing factors," Diggs said.

Like a lot of other motorists, Donelon said he has been forced to sit through red lights twice because the driver in front of him is too busy with a smartphone to notice the signal changed.

As if all that weren't enough, insurers also have seen the return on their investments — companies invest premiums while waiting to pay claims and expenses — drop along with interest rates. The return on insurers' portfolios was 4.5 percent in 2007, according to an October 2016 report from the Insurance Information Institute. It was 3.2 percent in 2015.

However, Donelon said there's reason to think the big increases may be over.

During a Jan. 29 conference call, Allstate President Matthew Winter told stock analysts and investors that "the spike is over" and rates have stabilized at a new norm. However, the new norm includes more accidents due to an improving economy and more cars on the road, and the greater use of smartphones and distracted driving.

Original story by Ted Griggs of the Advocate, posted on March 12, 2017.