Louisiana Car Accident Laws 2024 Explained

Being involved in a car accident is often a traumatic experience, even when it is a minor incident. It can be overwhelming to navigate the aftermath of a car crash and deal with insurance providers, injuries, and other complex issues. It is important that you understand Louisiana car accident laws, including when you need to report an accident, how you might be partially at fault, and when you need to file a claim for your damages.

Accident Reporting Requirements

Drivers are obligated to immediately report any accident that results in either:

1. Injury or death to any person
2. More than $500 in property damage

The driver must report the crash to the police department, sheriff’s office, or police station, depending on where the crash occurred. The driver is also obligated to provide contact, vehicle, and driving license information to other parties involved in the accident, as well as to the officer who arrives onsite. A car accident lawyer can help you navigate the legal process following the crash and ensure that your rights are protected while pursuing compensation for any damages or injuries.

Drivers are only able to delay their immediate reporting requirements when there is an evacuation order or state of emergency and must still report the accident within 72 hours. While it is required, reporting an accident is also important for all individuals, as it ensures that the accident is documented. This evidence is crucial in a future claim. If you are unsure whether or not the accident meets the reporting requirements, it is better to be safe and report it. A rideshare accident attorney can guide you through the process and help you gather the necessary evidence to support your claim.

Time Limits for Filing Your Injury Claim

When you are injured in an accident that was not your fault, you can file a claim to recover the damages of the accident. This claim is filed with the insurance provider of the at-fault party, typically another driver.

However, you must take action quickly. There is a two-year statute of limitations, which is the period of time you have to file a civil claim. If you cannot reach a fair settlement with the insurance company, you can initiate a civil claim to recover your losses through the court. Insurance claims must typically be filed as soon as possible after an accident. A personal injury lawyer can help you navigate this process and ensure that you meet all necessary deadlines while pursuing fair compensation for your damages.

While this may seem like sufficient time to file, you should not wait. It’s important to act immediately after an accident to preserve as much evidence as possible and give your attorney more time to investigate the immediate aftermath of the crash. It also gives you more leverage during a settlement rather than worrying about accepting a lowball settlement or taking the case to court. If you miss the statute of limitations, you may be unable to recover your losses.

When You Are Partially at Fault for an Accident

If you are partially to blame for an accident, you can still recover some compensation. Louisiana operates under comparative fault laws. When more than one party acted negligently and caused the accident, all at-fault parties are responsible for their portion of the damages.

When you are injured, you can still recover some compensation, even if you are partially to blame. If you were determined by the court to be 35% liable for the crash, your final settlement value could be reduced by 35%.

Sometimes, insurance providers will try to claim that you are entirely liable, trying to prevent you from recovering any compensation. The support of an attorney is necessary to fight against this. An attorney is also beneficial in advocating for why your percentage of fault is less than the other party may claim. These arguments can increase the compensation you earn.

Failing to Carry Car Insurance

Louisiana drivers are required to carry a certain level of car insurance. Failing to do so can result in fines and other penalties. There are several reasons to hire a car accident lawyer, including their ability to help you navigate complex insurance claims, negotiate with insurance companies on your behalf, gather necessary evidence, and ensure that you receive the compensation you deserve for your injuries and damages. An experienced lawyer can also help protect your rights and guide you through the legal process.

If you do not have insurance and are involved in an accident, you may be unable to recover compensation even if you were not to blame.

FAQs

Is Louisiana a Fault State for Car Accidents?

Yes, Louisiana is a fault state for car accidents. Those who suffered damages because of another driver’s negligence can recover the cost of those damages from that driver’s insurance company. Fault is important for recovering compensation, and it is important to determine the cause of any car accident.

Most often, one or both drivers acted carelessly or recklessly, and their behavior led to the collision. Drivers can recover the cost of medical bills, property damage, lost income, and other damages. Under the law of Louisiana, victims of car accidents have the right to pursue compensation for these losses, and working with a skilled attorney can help ensure that you are fairly compensated.

How Long Do You Have to File a Claim After a Car Accident in Louisiana?

After a car accident in Louisiana, you must file within a certain period of time. This is called the statute of limitations, which restricts how long you have to file a civil claim. An insurance claim should be pursued immediately after an accident, and you should work with an attorney to ensure you do not miss the statute of limitations. If you do not file your claim before the statute expires, you may be barred from recovering compensation.

What Happens If the Person Not at Fault in an Accident Has No Insurance in Louisiana?

If the person who was not at fault in an accident has no insurance in Louisiana, their ability to recover compensation is limited, and they could face fines and administrative penalties. Uninsured individuals are not completely barred from recovering compensation if they are not at fault. An uninsured motorist not at fault for an accident cannot recover the first $15,000 in personal injury or the first $25,000 in property damage.

What Should You Do After a Car Accident in Louisiana?

After a car accident in Louisiana, you should:

1. Move people and vehicles out of the way, if possible, without worsening injuries
2. Call emergency responders
3. Receive medical attention
4. Provide a report to the officer at the scene
5. Exchange contact information and insurance information with the other driver(s)
6. Document the accident, including the crash, vehicle damage, and your injuries
7. Get contact information from any witnesses
8. Report the accident to your insurance
9. Find a skilled car accident attorney

Choosing the Right Legal Representation After a Car Accident

At Murphy Law Firm, we want to help you get back on your feet after an accident. Contact our team to see how we can help.