Everything in life seems to slow down after a crash, and at the same time, everything grows more urgent as bills and deadlines accumulate. When and how do survivors move forward?
The state has changed some of its injury laws in recent years, including the time limit for the Lafayette statute of limitations for motorcycle accident cases. As a motorcycle accident survivor, our attorneys can help you understand what applies to your claim.
How Much Time Does State Law Give Accident Victims?
For accidents that happen after July 2024, the statute of limitations gives Lafayette motorcycle accident survivors two years from the injury date to file a lawsuit, according to Louisiana Civil Code art. 3493.1. Although most states call this law a statute of limitations, Louisiana calls it a prescriptive period or liberative prescription.
Before July of 2024, the prescriptive period was only one year. According to the Louisiana Civil Code art. 2315.2, those who have lost family members have one year from the date of that person’s death or two years from the date of the injury, whichever is longer.
The term tolling or contra non valentem means that the prescriptive period is on pause. One possible reason is the victim’s legal capacity to sue, as when an accident victim is under 18 or lacks mental capacity (for example, they are in a coma). Due to the complicated nature of these exceptions, it is important to talk to one of our injury attorneys about whether one of them could apply.
What Is at Stake for Motorcycle Accident Victims?
The statute of limitations is important, as motorcyclists are more likely to have their bikes destroyed in Lafayette crash cases than drivers are to lose their cars. Protective gear may also get damaged, but your greatest financial challenge will probably be your own recovery.
Motorcycle accidents can leave survivors with serious soft-tissue damage at best and permanent paralysis at worst. You could face costs and losses from:
- Extended medical treatment, including possible surgeries
- Physical therapy and rehabilitation for injuries to the body
- Specialized rehabilitation after traumatic brain injuries to regain function
- Adaptive technologies or mobility aids such as wheelchairs
- Lost income or wages during the recovery process
- Partial or total disability
For families losing a loved one after a struggle like this, it can be especially bitter to face the expenses of a sudden death together with the ongoing costs from the accident and the loss of a household income.
How Fault Affects Motorcycle Claims
In addition to considering the prescriptive period, any claim for damages (compensation) from a Lafayette motorcycle wreck in 2026 or later comes under a new law, Louisiana Civil Code art. 2323. Damages depend on whether you were responsible for the accident and by how much.
An accident victim who is partly responsible can still claim damages if they were less than 51 percent at fault, but their level of fault reduces the claim. The person with more than half of the fault can claim nothing. Those driving or riding while intoxicated may have to pay punitive damages.
Insurance companies estimate the fault in accidents to determine what to pay for their claims. But a company’s report may not be correct—especially if the conclusion helps it deny a claim. One of our attorneys could resist corporate pressure, find out what truly happened, and fight for the results you need.
Contact Us To Discuss How the Statute of Limitations Affects Your Bike Crash Claim
Not every motorcyclist can find a lawyer who knows their rights and knows how to defend them. At Tomeny | Best, we take riders’ rights seriously, and we want to give you the respect you deserve. Contact us today for a free consultation, even if you think the Lafayette statute of limitations for motorcycle accident cases may have passed.