Establishing Liability in Motorcycle Accidents

Because of the lack of protection that motorcycles offer, motorcycle riders and their passengers often suffer serious and even fatal injuries in accidents. The personal injury attorneys at the Law Offices of Richard R. Kennedy are vastly experienced with determining liability in motorcycle accidents to build a strong case for the victim. Based in Lafayette, LA, Richard Kennedy Sr. and Richard Kennedy III conduct prompt investigations into the factors that help determine liability, such as defective parts, poor road maintenance, and the other driver's conduct. Dealing with injuries can be overwhelming, and our attorneys can offer peace of mind by handling the legal and financial aspects of your situation while you focus on your recovery.

A crashed motorcycle on its side in front of a parked car

Motorcycle accidents can have devastating consequences.

Factors That Can Contribute to Motorcycle Accidents

Other drivers are a major factor in causing motorcycle accidents. Louisiana motorcycle laws give motorcycle riders the right to full use of traffic lanes. Other motorists are specifically prohibited from depriving motorcyclists of their full use of a lane. Evidence showing another driver failing to allow a motorcycle rider access to the full lane can be strong evidence that the other driver should be liable for the motorcyclist’s injuries in the event of an accident.

Motorcyclists who get hurt in motor vehicle accidents can look to the liable parties for financial compensation.

Many accidents involving vehicles and motorcycles occur when a motorist turns left into the path of the motorcycle, causing an accident. Other accidents occur when a driver pulls out from a side street into the path of a motorcyclist. Sometimes a driver changing lanes quickly will not see a motorcyclist in the next lane, which causes an accident. Other drivers tend to follow motorcycles too closely, which can result in an accident if the motorcyclist has to stop quickly. Many, if not most, of these types of accidents are due to the negligence of the other driver, not the motorcyclist.

If a motorcycle has a defective part or parts that contribute to an accident, the manufacturer of the motorcycle could be held liable for injuries that occur as a result of the accident. Motorcycle riders in Louisiana are required to wear helmets. If a helmet fails during an accident, the manufacturer may be liable to the rider for resulting injuries and costs caused by the defective helmet.

Poor road conditions can also contribute to accidents involving motorcycles. If a road has unsafe conditions because it has not been maintained properly, the government entity responsible for maintenance of that road may be held liable. Sometimes, there is a design defect in the road that contributes to a motorcycle accident, and the designers and/or construction firms can be held liable.


Evidence in a motorcycle accident can be fleeting. The motorcyclist should take photos of the crash, get contact information from any witnesses, and obtain copies of any police reports that were filed. He or she should also seek medical care as soon as possible and acquire copies of those medical records. Delivering all of this information to an attorney with expertise in motorcycle accidents is critical to ensuring that evidence of liability of other parties is not lost. Our attorneys may use accident reconstruction experts, and police reports and photos of the scene are essential for their work.


Motorcyclists who get hurt in motor vehicle accidents can look to the liable parties for financial compensation. Recoverable economic damages can cover past and future medical expenses, lost wages, and loss of earning capacity. Non-economic damages that an injured party can recover may include physical pain and suffering, mental anguish, and loss of consortium. Our firm has a history of helping patients collect the compensation to which they are entitled.

Contact Our Office

With over 50 years of experience representing thousands of clients, our attorneys are skilled at handling the unique issues that can arise in motorcycle injury cases. They handle their own investigations and will give you the personal attention you deserve. Contact our office today to schedule a consultation with one of our expert attorneys.