Motorcycle Passenger Injury Claims in Louisiana: Who Can You Sue?

Protecting the Rights of Motorcycle Passengers in Louisiana

Riding as a passenger on a motorcycle-often called riding pillion-is a thrilling way to see cities like New Orleans, Lafayette, and Lake Charles. However, when a crash occurs, the passenger is entirely at the mercy of the operators of the vehicles involved. Because passengers have no control over the throttle, brakes, or steering, they are virtually never legally at fault for an accident.

Under Louisiana's modified comparative fault rules outlined in La. Civ. Code art. 2323, liability is divided among all negligent parties based on their percentage of fault, subject to a 51% bar. For an injured passenger, this is a distinct advantage. Because innocent passengers almost never contribute to an accident, you can pursue compensation from whichever driver caused the crash, or apportion recovery between both operators if both made mistakes.

Additionally, under La. R.S. § 22:1269, Louisiana requires personal injury lawsuits to be filed directly against the at-fault driver rather than naming the liability insurer in the caption, unless specific statutory exceptions apply. Victims pursue these claims in courts like the 24th Judicial District Court, Gretna or the 15th Judicial District Court, Lafayette to recover medical expenses, lost wages, and pain and suffering.

Step-by-Step Guide to Pursuing a Passenger Claim

Step 1: Suing the Motorcycle Operator (Spouse or Friend)

It can be emotionally difficult, but if the person driving the motorcycle caused the crash-whether it is your spouse, partner, or best friend-you have the right to file a claim against their motorcycle insurance policy. You are not trying to bankrupt your loved one; you are simply accessing the liability coverage they pay for every month.

If the motorcycle operator was speeding, took a turn too aggressively, or rear-ended a stopped vehicle, their negligence is the cause of your injuries. In Louisiana, standard motorcycle insurance policies include bodily injury liability coverage specifically designed to pay out to injured passengers in these scenarios.

Step 2: Claiming Against the At-Fault Driver

If a car or truck driver caused the accident by running a red light or making an illegal left turn, you will file your third-party bodily injury claim against that driver's auto insurance company. As a passenger, your legal team will use the police report and witness statements to prove the car driver's liability.

Precedents such as Watson v. State Farm Fire & Casualty Ins. Co., 469 So. 2d 967 (LA Supreme Court 1985) highlight how Louisiana courts distribute fault. If the court determines the car driver was 80% at fault and the motorcycle operator was 20% at fault, your attorney can help you recover that corresponding percentage of damages from each respective insurance company.

Step 3: Navigating Passenger Helmet Violations

Louisiana has a strict universal helmet law. According to La. R.S. § 32:190, all operators and passengers of motorcycles must wear a safety helmet secured with a chin strap. A common defense tactic by insurance companies is to reduce your payout by claiming you were negligent for failing to wear a helmet.

If you suffered a traumatic brain injury (TBI) or severe facial lacerations while not wearing a helmet, the defense will argue your damages should be heavily reduced under comparative fault. However, if you suffered a broken leg or road rash on your back, your failure to wear a helmet did not cause those specific injuries, and your attorney will vigorously fight any attempts to reduce your compensation on those grounds.

Step 4: Limits of Liability Insurance for Multi-Victim Crashes

A major hurdle in passenger claims is dealing with low insurance policy limits. In Louisiana, the state minimum for auto liability insurance is a '15/30/25' policy. This means the insurance company will pay a maximum of $15,000 for bodily injury per person, and only $30,000 total per accident, no matter how many people are hurt.

If both you and the motorcycle operator are severely injured in a crash caused by a driver with minimum limits, your damages could easily exceed the $30,000 total cap. In multi-victim crashes, your attorney must immediately investigate other sources of recovery, such as the at-fault driver's personal assets or your own Uninsured/Underinsured Motorist (UM/UIM) coverage.

Step 5: Obtaining the Crash Report

Your claim heavily relies on official documentation. You must obtain Form DPSSP 3105, Louisiana, Louisiana State Police, Uniform Motor Vehicle Traffic Crash Report from the responding agency, such as the Louisiana State Police, Baton Rouge or a local municipal department. Ensure your name is properly listed on the report as a passenger, as this proves you were actually on the bike at the time of the collision.

How Much Are the Legal Costs?

Passenger injury cases are almost universally taken on a contingency fee basis. This provides peace of mind because you do not have to pay hourly rates out of pocket while recovering in the hospital. The typical financial breakdown includes:

How Long Does the Process Take?

Under La. Civ. Code art. 3493.1, you have two years from the date of the crash to file a personal injury lawsuit under Louisiana's prescriptive period. A straightforward claim where liability is clear and insurance limits are adequate might settle in 4 to 8 months. If multiple insurance companies are fighting over who is at fault for a multi-vehicle crash, litigation can extend the timeline to 1 to 2 years.

Frequently Asked Questions (FAQ)