Riding a motorcycle through Baton Rouge and other parts of Louisiana can be an enjoyable experience for those who appreciate the open road. However, it is key that you practice the motorcycle safety regulations that exist to protect you so that you can fully enjoy the experience of riding a motorcycle. Following the Baton Rouge motorcycle helmet laws are at the top of this safety list.
Our tenacious motorcycle accident attorneys could help you understand the impact of not wearing a helmet as it applies to a legal claim or help you file an injury claim if you have sustained harm from a severe collision. The well-versed lawyers from Tomeny | Best are here to help you and your loved ones assert their rights in court and obtain compensation from those who caused them harm.
What Are the Motorcycle Helmet Laws?
Louisiana Revised Statute 32:190 prohibits people from operating a motorcycle in the state unless they are wearing a safety helmet that meets certain conditions. Specifically, a motorcycle safety helmet must contain:
- Lining
- Padding
- A visor
- A chin strap
A violation of Louisiana’s motorcycle helmet law while riding in Baton Rouge or other cities could result in a $50 fine. While this fine is relatively minor, it does not fully reflect the importance of wearing a helmet in the event of an accident, as it could save a person’s life.
Other Motorcycle Safety Requirements
Riders must also follow other safety requirements and specifications while operating a motorcycle. Motorcycle operators must wear approved eye protection devices EXCEPT when the motorcycle is equipped with a windshield. Other statutory mandates for legally riding a motorcycle in Louisiana include only riding on the permanent and regular seat attachment, keeping both hands on the handle bars, and using proper methods for transporting passengers or packages.
How a Failure to Wear a Helmet Could Impact Compensation
Injuries in a motorcycle accident could entitle a person to legal claims for damages against those responsible because of their negligence. Examples of these motorcycle accident causes could include speeding, driving under the influence, distracted driving, and other reckless behavior. Injured people can usually claim general damages for their pain and suffering in addition to special damages for medical care, disability, and other losses.
However, in Baton Rouge, failure to follow the relevant motorcycle helmet laws could limit a person’s right to damages after an accident under Louisiana’s comparative fault rule. Louisiana Civil Code Section 2323 applies in cases where the injured person has some fault for the cause of their injury and reduces their claim for damages by their percentage of fault. These cases are often complex because of uncertainty around the percentage of fault a jury could assign to an injured rider. The attorneys at Tomeny | Best could help a person navigate these issues through a careful review of the facts and show how a jury may interpret them.
Deadline to File a Lawsuit
If a person was injured on or after July 1, 2024, they have two years from the date of their accident to file a personal injury claim. If they were hurt before this time, they only have one year to bring a claim for compensation. Failure to meet this deadline could result in a loss of their right to seek available legal claims in court.
Meet with Our Baton Rouge Attorneys to Understand the Relevant Motorcycle Helmet Laws Today
If you or a loved one were injured in a motorcycle accident and have questions about Baton Rouge’s motorcycle helmet laws, consult with an attorney from Tomeny | Best. We are here to advocate for you.
We use our experience and skill to handle difficult personal injury cases, helping people recover compensation vital to their recovery. Schedule a free consultation with our tenacious lawyers today.
