Suing for Severe Road Rash and 'Biker's Arm' After a Louisiana Motorcycle Crash

Seeking Justice for Catastrophic Motorcycle Injuries in Louisiana

Surviving a motorcycle crash is a miracle, but the physical aftermath can be devastating. When riders in New Orleans, Baton Rouge, or Shreveport are thrown from their bikes, they often face catastrophic, non-fatal injuries like severe road rash and nerve avulsions. These are not simple scrapes; they require specialized medical coding and extensive damage calculations to ensure victims are fully compensated.

In Louisiana, general liability for damages is established under La. Civ. Code art. 2315, which states that every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it. Because motorcycles offer no structural protection, the resulting injuries require highly specific medical evidence to prove the sheer cost of future medical care.

Depending on the circumstances, the court might require the at-fault driver's insurance to cover the extensive treatments required. To recover these costs, many victims choose to hire an attorney who understands the devastating realities of motorcycle trauma and how to present these specialized medical claims in courts like the 19th Judicial District Court, Baton Rouge or the Civil District Court for the Parish of Orleans, New Orleans.

Step-by-Step Process to Build Your Injury Claim

Step 1: Documenting Skin Grafts and Degloving Injuries

Severe road rash occurs when the skin is violently dragged across the pavement, often causing deep friction burns that expose muscle and bone. In the most severe cases, known as degloving injuries, the skin and underlying tissue are torn completely from the body. These injuries almost always require emergency surgery, extensive skin grafts, and long hospital stays to prevent life-threatening infections.

Your medical records must explicitly detail the square footage of the road rash and the depth of the tissue damage. When filing a claim, your legal team will use your surgical reports to show the insurance company the intense pain and suffering associated with the debridement process (scrubbing the wound) and the painful skin grafting surgeries.

Step 2: Diagnosing Brachial Plexus Avulsion (Biker's Arm)

When a rider is thrown from their motorcycle, they naturally reach out to break their fall. The violent impact can stretch or tear the network of nerves in the shoulder, known as the brachial plexus. In the medical and legal communities, a severe brachial plexus avulsion is often referred to as 'Biker's Arm.'

This trauma can cause partial or total paralysis of the arm, wrist, and hand. Because nerve tissue heals incredibly slowly, if it heals at all, proving the severity of Biker's Arm requires electromyography (EMG) tests and expert testimony from a neurologist. Documenting this injury properly is crucial for establishing long-term disability claims in Louisiana.

Step 3: Assessing Long-Term Nerve Damage

Beyond Biker's Arm, severe road rash can also destroy the superficial nerves in your legs, torso, and back. This long-term nerve damage can lead to chronic neuropathy, resulting in constant burning sensations, numbness, or loss of motor function.

Insurance adjusters often try to downplay nerve damage because it cannot always be seen on a standard X-ray. However, precedents like Touchard v. Slemco Electric Foundation, 769 So. 2d 1200 (LA Supreme Court 2000) illustrate how Louisiana courts value comprehensive medical testimony when establishing the true impact of life-altering injuries on a victim's earning capacity.

Step 4: Calculating Future Plastic Surgery Costs

Once the initial wounds have closed, victims are often left with extensive, raised, and discolored scarring. Road rash scars can restrict movement and cause significant emotional distress. Calculating future plastic surgery costs is a critical phase of your claim.

A life care planner or a board-certified plastic surgeon must estimate the cost of future procedures, such as laser resurfacing, Z-plasty scar revision, and tissue expansion. These estimated costs, often running into the hundreds of thousands of dollars, must be formally demanded before you agree to any final settlement.

Step 5: Filing the Crash Report and Legal Demands

To begin the formal claims process, you must obtain your official accident report, commonly known as Form DPSSP 3105, Louisiana, Louisiana State Police, Uniform Motor Vehicle Traffic Crash Report. You will submit this report along with your extensive medical records and a formal demand letter to the at-fault driver's insurance carrier.

If the insurance company refuses to pay for your catastrophic injuries, you must file a lawsuit in the appropriate parish court before Louisiana's strict two-year statute of limitations expires, as defined under La. Civ. Code art. 3493.1.

How Much Does a Motorcycle Injury Lawsuit Cost in Louisiana?

Most motorcycle accident lawyers in Louisiana work on a contingency fee basis. This means you do not pay hourly fees; instead, the attorney takes a percentage of the final settlement or court award. Typical costs include:

How Long Does the Process Take?

The timeline for a severe motorcycle injury claim depends on your medical recovery. You generally should not settle until you reach Maximum Medical Improvement (MMI), which can take 6 to 18 months for degloving injuries and nerve avulsions. Once a lawsuit is filed in a Louisiana district court, the discovery and trial process typically takes 12 to 24 months to complete.

Frequently Asked Questions (FAQ)