What Happens If You Are at Fault in A Car Accident in Louisiana?

If you are involved in an accident, you may wonder: what happens if you are at fault in a car accident in Louisiana?

Car accidents are stressful and happen frequently. Unfortunately, they often result in injuries and fatalities. There was a suspected injury crash rate of 1,243.73 per 100,000 licensed drivers in Louisiana in 2024. There was a fatal crash rate of 23.26 per 100,000 licensed drivers. Both of these rates were lower than the rates of the prior four years.

Understanding At-Fault Claims in Louisiana Car Accidents.

When you are in an accident, those who are injured or suffered other compensable damages can file insurance claims with the insurer of the at-fault party. The majority of car accidents result in only property damages, with 74.11% of all accidents in the state being property damage only in 2024.

Many accidents lead to injuries, whether minor or severe. A total of 25.42% of all accidents led to some level of possible or suspected injury. This included 15.12% that resulted in possible injury and 8.39% that had suspected minor injuries. It also included 1.91% which led to suspected serious injuries.

When you are determined to be at fault for an accident, this does not mean you will have to pay the other parties’ medical costs yourself. They file the claim with your insurance coverage and can recover up to the limits of your policy. The injured parties may negotiate this amount with your insurance company.

However, it is not always clear who is at fault for an accident. Never admit you were at fault after a crash. Even if you did contribute to the accident, other parties may also be partially at fault.

Determining Fault After a Car Accident.

Insurers will begin investigations into the accident and its cause. They will consider the evidence at the scene of the accident, the accident report, traffic law violations, and witness testimony. Based on these and other factors, insurance companies will determine the at-fault party. An insurance company’s goal is to limit their liability.

In order to prove that a person or entity is liable for an accident, the following must be proven.

1. The party owed the injured parties a duty of care.
2. The party breached this duty of care.
3. The breach contributed to or caused the accident.
4. The accident caused other parties to sustain injuries and other damages.

What Should You Do After an Accident.

How you react after an accident can have a big impact on the outcome of your claim. After a car accident in Louisiana, it’s important to stay calm and take the right steps from the start. If you were in a crash in Louisiana, it is important to call 911, report the accident, and wait for the police and emergency medical providers to arrive. Check yourself and others for injuries, and report these when you call.

Some of the police departments near Baton Rouge, Denham Springs, and Gonzales areas include.

• The Denham Springs Police Department, located at 447 Lamm Street
• The Gonzales Police Department, located at 415 E Cornerstone Road
• The Port Allen Police Department, located at 375 Court Street
• The New Roads Police Department, located at 211 West Main Street
• The Walker Police Department, located at 10136 Florida Boulevard
• The Plaquemine Police Department, located at 24505 Ferdinand Street

When the police arrive, it is important to provide them with facts about the accident. Do not lie, but do not admit fault. The accident report is a crucial element in a claim that provides important third-party evidence. Then, report the accident to your insurer and contact an accident attorney quickly.

Can I File a Claim If the Accident Was My Fault.

There is a chance you could still file a claim for your injuries even if you were at fault in Louisiana. Because of comparative fault laws, each party is responsible for their percentage fault.

If your case goes to court, the court determines each party’s percentage fault. If you are found to be 70% liable for the accident, you can only recover 30% of your damages. However, this can still be a significant amount of support after an accident.

The Importance of Working With an Attorney After an At-Fault Accident.

If you think you were at fault for a car accident, it is important to work with an experienced car accident attorney. This helps you protect your rights. Insurance companies investigate a crash with their interests in mind, not yours. When you hire an attorney, they look out for your personal and financial interests as they investigate the accident.

If you are only partially to blame for the crash, an attorney can fight diligently for a fair allocation of fault, which can improve the compensation you are able to recover.

FAQs

Is Louisiana a Fault State for Car Accidents?

In Louisiana, you can file a claim with the at-fault driver’s insurance provider if you are in a car accident. If the other driver’s negligence and breach of duty of care caused the accident and your injuries, then they and their insurer are liable for those damages. The state also uses comparative fault, which means that each party is responsible for their portion of the fault. If the case goes to court, multiple parties could be partially liable.

What Happens After a Fault Claim?

After a claim for a car accident, all involved insurance companies will begin an investigation to determine which party or parties were at fault. If the other driver claims you were at fault, your insurer will investigate to determine if there is a way to limit liability or prevent you from being found at fault. If you are found at fault, the damages come from your insurer, not out of your pocket. Your insurance rates will likely increase.

How Long Does an At-Fault Accident Stay on Your Record?

When an at-fault claim is filed with your insurance coverage by another driver, this can affect your insurance rates for a period of time, but this varies based on the insurance you carry and their specific policy. If the accident included a traffic violation, the offense may remain on your driving record temporarily or permanently.

How Do You Win an At-Fault Accident?

The most effective way to win an at-fault accident case is to work with an attorney and quickly report the crash to your insurer. An attorney can determine if other parties are partially liable for the accident, limiting how much liability is attributed to you. This can allow you to recover limited compensation or reduce your responsibility for the incident.

Contact Murphy Law Firm to Discuss Your Car Accident Case

If you are in a car accident, you need to get in contact with experienced personal injury attorneys, regardless of fault. Contact Murphy Law Firm today.

About The Author

Peyton Murphy

Peyton Murphy, is the founder of Murphy Law Firm, LLC, based in Baton Rouge, Louisiana, specializing in personal injury law. Peyton obtained his law degree from the prestigious Tulane School of Law in 1991 and has been licensed to practice law in Louisiana since 1993. With over 28 years of experience, Peyton is dedicated to representing injured victims and actively contributing to his community. Education: Obtained his law degree from Tulane School of Law in 1991. Professional Associations: Member of the Louisiana State Bar and active in the Baton Rouge Bar Association and the Louisiana Association for Justice. Experience: Founder of Murphy Law Firm, LLC, with extensive experience in personal injury law and licensed in multiple federal courts and the U.S. Supreme Court.

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