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Baton Rouge Motorcycle Accident Attorney

The Baton Rouge based personal injury attorneys at Rusty Messer & Associates provide aggressive and effective legal representation for clients seriously injured in motorcycle accidents throughout Louisiana. Motorcycle accidents can present complex factual, legal and financial issues. Liability is often contested because insurance companies may argue that motorcycles are dangerous. However, responsible motorcycle drivers are just as careful as other drivers on the road. In a motorcycle accident, injuries are likely to be more serious and, in some cases, may even be fatal. A  thorough investigation to preserve all evidence and uncover all sources of legal and financial responsibility is especially important. That’s why you need to contact an experienced motorcycle accident lawyer in  for help.

Experienced Accident Attorneys

At Rusty Messer & Associates, our Baton Rouge, Louisiana motorcycle accident lawyers have been protecting the injured for over 15 years.  We always work hard to uncover the facts of each case and to protect the legal interests of our clients. If we are unable to to negotiate a fair settlement, we won’t hesitate to bring your case before a jury. When you retain our law firm, you are going to receive legal representation from experienced trial lawyers. Our mission is the same for all our clients. We treat each case as if it were are own. We help the jury understand what our clients have gone through and effectively tell your story at trial. Our goal in every case is to recover the maximum amount of financial compensation the law permits and to seek justice for all clients we represent.

Common Causes of Motorcycle Accidents

Motorcycle accidents are often caused by some type of negligence, carelessness, or reckless conduct. Examples include drivers not paying attention, either because of text messaging or other reasons, speeding, failing to obey traffic signals, or simply failing to yield the right of way. Liability for motorcycle accidents can also be caused by less obvious parties. Some examples include construction companies where road design or maintenance of traffic may have contributed to the collision. Auto companies and certain motorcycle manufacturers can also be legally responsible under other legal theories such as a product liability claim, when the motorcycle accident may have occurred due to an auto manufacturing or design defect.

For example, a defect in either your motorcycle or the vehicle that hit you might have been the cause of the crash. Another example could be that a car tire might have failed causing the other car to swerve and hit you. Or a malfunction with your motorcycle might have caused the wreck. In these situations, it was not driver negligence, but a defectively designed component, part, or product that may have caused the accident. If so, you might be able to file a personal injury lawsuit against the car, auto, or motorcycle manufacturer, for a product liability claim or against the manufacturer of the component part that failed. At Rusty Messer & Associates, we have experience working with engineers, accident reconstructionists, and other experts to help determine the true cause of an accident.

At Rusty Messer & Associates, our Baton Rouge motorcycle attorneys have handled crashed caused by:

  • Rear End Collisions
  • Head on Collisions
  • Side Impact Collisions
  • Drunk Driving/DUI
  • Distracted Driving
  • Failure to Yield
  • Mechanical Failures
  • Poor Road Construction
  • Rideshare Vehicles
  • Commercial Vehicle Collisions

Common injuries we see from accidents are:

  • Back Injuries
  • Neck Injuries
  • Head Injuries
  • Concussions
  • Fractures
  • Spine Injuries
  • Brain Injuries
  • Wrongful Death


It is important to understand that if you can prove that another party was at fault for your injuries, they are responsible to cover your injury-related medical bills.  This includes both past bills, which covered the immediate medical help after the crash, as well as future medical bills, which might include corrective surgeries, physical therapy, or ongoing needs for medication.

What Should You Do After A Vehicle Accident?

Vehicle accidents can trigger your “fight or flight” response: your body and mind both go into high alert. During this time, it can be difficult to remain calm and complete the tasks that will keep you safe, prevent further injury, and protect your legal rights.  After a crash, here’s what you need to do in the minutes, hours, and days that follow.

Put your health first.  Because of the adrenaline flowing through you veins, you may not realize the extent of your injuries. It’s vital to have an emergency responder check you out and/or to see a doctor after the crash.  Keep in mind that some injuries, especially head injuries, may not reveal themselves until hours or days after the crash.

Get everyone somewhere safe.  You are still in danger after a car accident happens. Get away from busy traffic, burning cars, or other dangers until help arrives.  Provide assistance to other injury victims if you are well enough.  Call for help if someone else has not.

Collect information.  The best way to understand what happened is to find facts.  Get witness information, take pictures, and write down notes about the crash.  Also be sure to get the name of the police officer that responds.

Never assume fault.  It might be polite to say “I’m sorry” after a wreck, but assuming fault could mean losing the compensation that you need and deserve after an accident. In addition, don’t talk to the insurance company or give a recorded statement about the crash before speaking with a lawyer.

Talk to an attorney.  Even accidents that seem clear cut might be surprising once the evidence is examined. Speaking with an attorney ensures that you take the correct legal actions after an accident and injury.


You don’t have to be completely familiar with the law in order to file a motorcycle accident lawsuit or personal injury lawsuit–that’s what lawyers are there for.  However, knowing a few basic Louisiana motorcycle accident laws and personal injury laws is helpful in the wake of an accident.  Here’s what you need to know:

You have a limited amount of time to file.  In Louisiana, the statute of limitations for filing a lawsuit related to property damage or personal injury is one year from the date of the incident.

Louisiana is a comparative fault state.  If you were partially at fault for your accident, but another party or parties were also at fault, you can still file a lawsuit for damages.  However, the percent that you were at fault will be subtracted from your award.

Louisiana is not a “fault” insurance state.  Louisianans who have been injured in an accident need to file a “third party” claim with the insurance company of the at-fault party, or file a lawsuit against the at-fault party.  Only after collecting from at-fault driver can you file a claim with you own under insured motorist policy.

Louisiana requires several types of insurance.  Specifically, drivers must have $15,000 in bodily injury insurance, $30,000 in coverage if more than one person is injured, and $25,000 in coverage for property damage.


Even if you are unsure who was at fault for your accident, or even if you aren’t sure if you want to pursue a case, speaking to an attorney gives you the opportunity to tell your story, learn your legal options, and find out what plan of action is best for you and your family.

At Rusty Messer & Associates, our compassionate, experienced attorneys are here to help you.  We are not just a face on a billboard.  We take on a limited number of cases so that all of our time and attention is focused on getting you the compensation and justice you deserve.  We invite you to request a free, confidential consultation with one of our car accident attorneys–so that you can get your questions answered and feel confident about the next step.  Call us today at (225) 963-9638 or fill out our contact form to schedule an appointment and meet our team.


The law firm of Rusty Messer & Associates handles all types of personal injury claims in Louisiana. We also handle claims and cases related to immigration, felony criminal defense, and family law. Our decades of Louisiana personal injury law experience allows us to successfully represent all of our clients with a personalized hands-on approach. 

If you or someone you love has been injured in an accident that was caused by the careless, reckless, or negligent actions of another person or entity, you may be entitled to compensation. Contact an attorney at Rusty Messer & Associates today at (225) 963-9368 to schedule a free consultation. 


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