If you have been in a car crash in Louisiana, your life may have suddenly turned upside down. You may have painful, debilitating injuries and costly medical bills. You may be unable to work and provide for yourself and your family.
Fortunately, the law allows you to seek financial compensation for a motor vehicle accident that was not your fault. You can seek compensation for the pain and suffering you are enduring.
As you physically and emotionally recover from the auto accident, do you also have the time and energy to fight with the insurance companies and defense law firms? The hassle of dealing with them on your own can make the recovery process that much more difficult.
It’s time to hire an experienced Baton Rouge car accident lawyer that can pursue compensation on your behalf. Our injury attorneys can give you the best chance at attaining the justice you deserve.
What Steps to Take After a Car Accident
The moments after a car accident can feel overwhelming, but the steps you take can affect both your health and your ability to recover compensation later. Staying calm and following a clear sequence of actions can help protect your rights from the very start, even when you are shaken or unsure what to do next.
If you have been involved in a collision in Baton Rouge, consider taking the following steps:
- Check for injuries and call 911 immediately if you or anyone else needs medical attention
- Move your vehicle out of traffic if it is safe and possible to do so
- Contact local law enforcement so an officer can respond to the scene and prepare a crash report
- Exchange names, contact information, and insurance details with the other driver
- Photograph the vehicles, the roadway, and any visible injuries before conditions change
- Collect contact information from anyone who witnessed the crash
- Seek medical evaluation even if your injuries seem minor at first
- Notify your own insurance company of the accident within a reasonable time
Louisiana law requires you to act quickly after certain crashes. Under Louisiana Revised Statutes § 32:398, a driver involved in a crash that causes injury, death, or more than five hundred dollars in property damage must immediately notify the local police department, or, if the crash happens outside city limits, the nearest sheriff’s office or state police station. Once law enforcement responds, R.S. 32:398 also requires drivers to share their name, address, and vehicle registration information with anyone injured or affected by the crash. Failing to follow these requirements could complicate your ability to recover compensation later, so prompt reporting matters.
If your accident happens within Baton Rouge city limits, the Baton Rouge Police Department typically investigates the crash, while collisions in unincorporated areas of East Baton Rouge Parish generally fall under the jurisdiction of the East Baton Rouge Parish Sheriff’s Office. If you are transported for treatment, facilities such as Our Lady of the Lake Regional Medical Center and Baton Rouge General are commonly used by crash victims throughout the parish. Keeping copies of your treatment records from these providers, along with any repair estimates and receipts related to the crash, can later help document the full extent of your losses.
It is also wise to be careful about what you say at the scene and afterward. Louisiana follows a comparative fault system, so statements that suggest you were even partly to blame could reduce the compensation you are able to recover. Avoid speculating about fault with the other driver, witnesses, or insurance adjusters until you have spoken with legal counsel, and be cautious before giving a recorded statement to any insurance company.
Because Frank Tomeny previously worked as an insurance defense lawyer, our team at Tomeny Best Injury Lawyers understands the tactics insurance companies use in the days following a crash. We can review the details of your accident, help you understand what documentation you may still need as well as communicate with insurance adjusters on your behalf so you can focus on your recovery instead of paperwork and phone calls. Reaching out soon after your accident allows us to begin gathering evidence while it is still fresh and witnesses are easier to locate.
Taking the right steps early can make a meaningful difference in the outcome of your claim. If you have questions about what to do next, a Baton Rouge car crash attorney at our firm is ready to walk you through the process and explain your options in plain, straightforward language.
Why You Need a Car Accident Lawyer if You’ve Been Hurt in a Crash
When you’ve been hurt in a traffic collision in Baton Rouge, you need a dedicated, experienced car accident lawyer on your side. A skilled attorney can give you the best chance at securing maximum compensation for your injuries and damages.
Our team strives to provide each client with the personal attention they deserve. We understand the client’s concerns and needs, and we aggressively pursue a favorable outcome.
What Are the Common Causes of Traffic Collisions?
Despite the advances in vehicle safety systems, motor vehicle accidents continue to occur. As a Baton Rouge car accident attorney could explain, car crashes often happen because of driver error. Common mistakes include:
- Speeding
- Following too closely
- Careless or reckless driving
- Failure to signal lane changes or turns
- Distractions from electronic devices (cellphones, car infotainment systems, GPS) behind the wheel
- Drowsy or fatigued driving
- Driving under the influence of drugs or alcohol
- Inexperience behind the wheel
Other common causes of motor vehicle collisions that are unrelated to driver error include:
- Poor road conditions (such as broken pavement or potholes)
- Poor weather conditions (fog, heavy precipitation)
- Low lighting conditions
- Obstructions, especially animals darting across the road
- Poor or improper vehicle maintenance
- Design or manufacturing defects in a vehicle or vehicle parts
What Are the Most Common Injuries From Motor Vehicle Accidents?
A car accident can result in various injuries to those involved in the auto accident. Some injuries may be minor, causing little or no pain. Those injuries heal on their own in a matter of days. However, car accidents can also cause serious and life-altering harm.
Serious injuries that our Baton Rouge car crash lawyers encounter include:
- Lacerations, although minor cuts and scrapes are not that serious, deeper lacerations can be severe and life-threatening, especially when they lead to massive bleeding and the risk of infection
- Head injuries and traumatic brain injuries, including concussion, intracranial bleeding, and coma
- Bone fractures
- Internal organ injuries and internal bleeding
- Back and spinal injuries, including disc injury
- Soft tissue injuries, including whiplash injuries and sprains
- Strains and tears to muscles, tendons and ligaments
- Burns, which can be caused by fires or by “road rash”
- Amputations, which can result from the force of the impact, or which may be required if extremities are severely damaged
In addition to physical injuries, Louisiana car accident victims can be left with mental and emotional trauma, including post-traumatic stress disorder, depression, phobias, and anxiety.
Laws on Motor Vehicle Accidents and Auto Insurance Requirements
In Louisiana, drivers are required to have car insurance of minimum amounts. The insurance provides coverage for bodily injury liability and property damage. Drivers are also allowed (but not required) to purchase additional coverage, including comprehensive coverage, collision coverage, uninsured and underinsured motorist coverage, towing and labor coverage, rental car coverage, and medical payments coverage.
The state requires drivers to have bodily injury liability coverage of at least $15,000 per person, $30,000 per accident, and property damage coverage of at least $25,000 per accident.
Unfortunately, a significant number of drivers on Louisiana roads lack the car insurance coverage that is required by state law. As a result, Louisiana has some of the highest car insurance rates in the U.S. Insurance companies need to cover claims from their own drivers who are hit by uninsured or underinsured motorists.
A Baton Rouge auto accident attorney could explain that Louisiana car accident laws are known as “no pay, no play.” Under the law, a driver who lacks insurance cannot recover the first $100,000 of bodily injury and the first $100,000 of property damage after a car accident.
What Are the Types of Compensation You Could Recover in a Traffic Collision Claim in Baton Rouge?
When you have been injured in a car accident caused by another driver, a Baton Rouge car wreck lawyer could see if you may be entitled to compensation, including:
- Medical expenses – These expenses include hospital bills, surgeries, doctor’s office visits, therapy and rehabilitation, prescription medication, medical equipment, mobility equipment, prosthetics, or even home modifications to accommodate physical disabilities caused by your injuries.
- Lost wages – If you have to stay home during your recovery from injuries, you may be compensated for the pay that you miss.
- Lost earning capacity – When your injuries prevent you from returning to your job or the kind of work that you used to do, you may be compensated for your lost earning capacity.
- Pain and suffering – The physical and emotional distress caused by your injuries.
- Lost quality of life – This arises from physical trauma, such as disabilities or disfigurement, caused by your injuries; it may also arise from the inability to do daily tasks or participate in activities you previously enjoyed.
- Loss of consortium or companionship – This compensation is for your spouse or your immediate family over the loss of your love, care, guidance, and services.
You may also be entitled to recover compensation for property damage to your vehicle or personal belongings. An auto accident lawyer can guide you in determining what damages you need and deserve.
Determining Who Was Responsible for the Vehicle Collision
If one or more parties make a claim for compensation against other drivers involved, the insurance companies – or the court, if the claim goes to trial – must determine who was responsible.
Insurers or trial judges evaluate different forms of evidence to determine who was at fault for causing the accident:
- The drivers’ statements to law enforcement or to insurance adjusters can be the starting point for determining what happened. Details that only one driver remembers may end up as a part of the narrative of how the accident occurred.
- Impartial eyewitnesses can be crucial to establishing what happened in an accident. They can corroborate one driver’s version of the accident. Eyewitnesses can also add additional details from an unbiased perspective.
- Accident scene photographs and videos can provide solid evidence about the accident scene. That often assists accident reconstruction experts as they determine how an accident occurred.
- The police officers who investigate an accident scene usually take statements from the drivers and witnesses. They may also gather physical evidence from the scene that helps them determine what happened. In some instances, the police report may even assign fault for the traffic accident. That report can be highly persuasive in a later legal claim. The report will also note if drivers received traffic citations or were arrested for criminal violations in connection with the accident.
Determining who was responsible for a car crash is important because more than one driver in an accident may share fault. Louisiana is a modified comparative fault state. That means an injured party found to be less than 51 percent at fault will have any financial recovery they receive reduced by their percentage of fault. Any injured party found to be 51 percent or more at fault will be barred from recovering damages. A Baton Rouge car accident attorney could explain this principle in more detail during an initial case consultation.
For example, suppose a court rules that a driver who suffered $100,000 in damages was 20 percent at fault for an accident. That driver’s award can be reduced by $20,000, for a total recovery of $80,000.
Why You Can’t Afford Not to Have a Baton Rouge Car Accident Attorney After a Motor Vehicle Accident
Following an auto accident, you may wonder whether you need to hire an attorney to represent you in a personal injury claim. When an insurance company offers you a quick settlement, you may think it is better to take the cash and move on with your life.
However, be aware that a hasty settlement rarely provides you with full compensation for your losses. This is especially true if you have been severely injured. Traffic collision victims with legal representation from a skilled automobile accident lawyer usually receive significantly more compensation than those who pursue their claims on their own. When you have an experienced auto accident lawyer on your side, you have someone fighting to get you a full range of compensation.
A Baton Rouge car accident attorney understands the magnitude of your injuries. Your lawyer will make sure that any settlement offer is fair and reasonable. If a full settlement cannot be reached, your lawyer will pursue your claim in court and will vigorously advocate on your behalf for substantial compensation.
How the Car Accident Claims Process Works
The car accident claims process in Louisiana typically begins with a claim that is submitted to the other driver’s insurance company. You should notify your own insurance company of the accident if the other driver asserts a claim. You should also notify your insurer if you make a claim against your own policy for medical benefits or for uninsured/underinsured motorist coverage. Your own policy may require prompt notification of any vehicle collision, so double-check the provisions.
Once the other driver’s insurance company has received your claim, it will investigate and make a determination of who was at fault. If the insurer determines its driver was responsible, it may agree to pay compensation for damages that you can document. However, this may not represent full compensation for all the damages you have suffered.
If you are represented by legal counsel, your Baton Rouge car crash lawyer typically negotiates with the insurance company to obtain a settlement figure that is above and beyond what you could get on your own.
If a settlement is not possible or the other insurance company denies liability, it is the job of an auto accident lawyer to file a lawsuit in court. Once the other driver (usually represented by insurance company attorneys) responds to the lawsuit in a court filing, the parties engage in what is known as discovery. This involves depositions and the exchange of evidence that may be used if the case goes to trial.
If the pending lawsuit does not result in a settlement, the case will head to trial. A jury will decide which driver is liable and at what amounts. However, the vast majority of personal injury cases settle, either before or during court proceedings.
Why You Need to Act Now to Preserve Your Right to Seek Compensation
If you’ve been injured in an auto vehicle collision, you have a limited period of time in which to pursue a legal claim for compensation. This period is called the statute of limitations and is two years from the accident date.
If you fail to file a car accident lawsuit within that deadline, the court can permanently dismiss your case. In a few circumstances, the court may extend or delay the statute of limitations.
You should act as soon as possible to retain a Baton Rouge traffic collision lawyer. A diligent lawyer will preserve your rights and options in a car collision claim.
Talk to an Experienced Baton Rouge Car Accident Attorney for Free
If you have been injured in a car crash, don’t delay. The time is now to seek the financial compensation that you need and deserve. Contact Tomeny | Best Injury Lawyers today to talk to a Baton Rouge car accident lawyer in a free, no-obligation consultation.
There is no fee for our representation unless we win money for you and your family. To set up an appointment, call a Baton Rouge car accident lawyer.