Louisiana ranks among the top ten most dangerous states for driving, largely due to frequent car accidents.
Navigating Louisiana’s legal system to recover compensation after a car accident can be daunting, especially when the accident wasn’t your fault.
At Pierce & Shows, our Baton Rouge attorneys have decades of experience helping car accident victims secure compensation. Read on to learn how we can prepare you for the aftermath of a car accident in Baton Rouge and guide you through these murky legal waters.
What Is the Definition of “Fault”?
In personal injury law, “fault” refers to legal responsibility for harm caused by an incident. In car accidents, the person at fault is usually responsible for covering the costs of injuries and property damage.
To receive compensation, the injured party must prove:
- The law expected the other party (whether a driver, pedestrian, or bicyclist) to act with reasonable care.
- The other party failed to act carefully.
- This failure led to your injuries.
- You experienced losses, such as vehicle damage, personal injuries, and lost income.
Steps to Take After A Car Accident That’s Not Your Fault
Being involved in a car accident in Louisiana can be a traumatic and disorienting experience, especially if it’s not your fault. Knowing the appropriate steps immediately after the incident can help protect your rights.
Here’s what you should do if you find yourself in this unfortunate situation.
Step 1: First, check for Injuries
The first thing you should do if you get into a car accident is check for any injuries that you or anyone else involved in the accident may have. Call an ambulance and give as many details as possible if there is an urgent medical need.
Some injuries might not appear instantly; some injuries will appear within 24-48 hours. Make sure you are checking in with your body for up to 48 hours after the accident.
Here are different options available to manage medical expenses after a car accident, depending on your insurance situation:
- Car Insurance Coverage: If you have specific coverage, such as personal injury protection or medical payments, you can file claims to reimburse medical bills as they arise.
- Using Health Insurance: Initially, use your health insurance to cover treatment for car accident injuries until responsibility is determined and a settlement is reached.
- No Health Insurance: If you lack health insurance, your lawyer may arrange treatment from healthcare professionals who will treat you now and accept payment later.
Step 2: Stay at the Scene
Make sure to stay at the site of the accident while waiting for the police to arrive. The police will create a report of your car accident. During this time, gather as much information as possible for your insurance company.
The types of information you should collect include:
- License plate numbers of all vehicles involved
- Make and model of all vehicles
- Insurance information of the other driver(s)
- Location of the accident
- Contact information and statements from any witnesses
- Photos (If possible) of the cars, the scene, injuries, etc.
Things to Avoid After a Car Accident in Louisiana
There are two things you should always avoid doing after a car accident:
- Never call your insurance company and ask them questions without first consulting a Louisiana car accident attorney.
- Never speak to the insurance companies of the other parties involved in the accident.
It’s crucial to avoid these discussions because, unfortunately, insurance companies often aim to minimize the amount they pay out by blaming you for the accident.
At the end of the day, their job is not to look out for you, and they may try to use your words against you if you are not prepared.
Ultimately, their job is not to look out for you, and they may try to use your words against you if you are not prepared.
That’s why it’s so important to seek the guidance of an experienced car accident attorney in Louisiana as soon as possible after your accident.
What Happens If My Vehicle Was Totaled?
In a car accident, the driver at fault is responsible for any vehicle damage. If the at-fault driver has sufficient property damage liability coverage, you can claim vehicle repairs through their insurance.
If the at-fault driver lacks insurance, you may need to use your own collision or uninsured motorist coverage.
"No-Doubt" Liability Car Accidents in Louisiana
In some vehicle accidents, it’s almost always clear that the other driver is at fault; insurance companies rarely dispute this.
Rear-End Collisions
If you are rear-ended, it’s typically not your fault. Drivers are expected to stop safely if traffic ahead has stopped, and damage to your car’s rear and the other car’s front usually indicates a fault.
The other driver might blame an abrupt stop or claim another car pushed them, but they are still liable for your injuries and car damage. Note, though, that issues like non-working brake lights or unresolved mechanical problems on your car could prevent you from maximizing your compensation.
Left-Turn Accidents
A car making a left turn is almost always responsible for a collision with an oncoming car. Exceptions are rare and include scenarios such as the following:
- The oncoming car speeding or running a red light
- The turning car had to stop unexpectedly because of something unforeseen
It’s usually required that a car making a left turn must wait to safely complete the turn before crossing in front of oncoming traffic. Damage placement typically clearly shows a left-turn accident.
If multiple drivers are at fault, they share the blame under a comparative or contributory negligence defense. Insurance companies assign each driver a percentage of fault, such as 30%, 60%, and 10%, respectively. Being at fault means other drivers can also sue for damages.
Louisiana Statute of Limitations for Car Accidents
In Louisiana, you must report an accident involving injury or property damage over $100 to the Department of Public Safety and Corrections within 24 hours. Additionally, state law requires all drivers to carry automobile liability insurance on public roads to cover injuries or property damage caused by at-fault drivers. Reporting promptly after a car accident case will secure your rights to accident claims and compensation.
Contact a Louisiana Car Accident Attorney at Pierce & Shows Today
Before you call your insurance company, consult a lawyer who will advocate for you. Our experienced car accident attorneys at Pierce & Shows understand how terrifying it can be to confront large insurance companies and manage the extensive documentation involved. We will work to protect your rights and achieve the best possible outcome for your case.
That’s why we’re here to help and to answer your queries. Call us at 225-388-9574 to schedule a consultation.
