Car accidents are a common occurrence, and knowing the laws that govern them is crucial for protecting yourself and understanding your rights. Louisiana has its own set of rules and regulations that can be different from other states. If you’re driving in Louisiana, it’s important to be aware of these laws.
At Bart Bernard Injury Lawyers, we’ve been helping car accident victims in Louisiana for 30 years. We’re committed to providing clear and easy-to-understand information about car accident laws. Our promise is “I’ll be with you every step of the way,” and that includes helping you navigate the legal complexities of your case.
Understanding Fault in Louisiana Car Accidents
Louisiana is an “at-fault” state. This means that after a car accident, the person who caused the accident is held responsible for the damages. This is different from “no-fault” states, where your own insurance company pays for your injuries, regardless of who caused the accident.
How is Fault Determined?
To figure out who is at fault, the following things are considered:
- Police reports: These reports contain the officer’s findings about how the accident happened.
- Witness statements: What did other people see?
- Evidence from the scene: Photos, videos, and other evidence from the accident scene.
- Traffic laws: Did anyone break any traffic laws, like running a red light or speeding?
Louisiana’s Comparative Fault System
Louisiana follows a “pure comparative fault” system. This means that even if you are partially responsible for the accident, you can still get some money for your damages. However, the amount of money you get will be reduced by your percentage of fault.
Example:
If you are in a car accident and a jury decides that you were 20% at fault, and your total damages are $10,000, you would receive $8,000. This is because your compensation is reduced by the 20% that you were at fault.
Louisiana’s Statute of Limitations for Car Accidents
The statute of limitations is the deadline for filing a lawsuit. In Louisiana, you generally have two years from the date of the accident to file a personal injury lawsuit. This is a very important deadline! If you miss it, you may lose your right to get any money for your injuries.
Louisiana’s Direct Action Law
Louisiana has a unique law called the “direct action statute.” This law allows you to sue the at-fault driver’s insurance company directly, without having to sue the driver first. This can be helpful in some situations.
Insurance Requirements in Louisiana
Louisiana requires drivers to have car insurance. The minimum amounts of insurance you must have are:
- $15,000 for bodily injury to one person
- $30,000 for bodily injury to more than one person
- $25,000 for property damage
It’s important to note that these are just the minimum amounts, and you may want to have more coverage to protect yourself in case of a serious accident.
Common Causes of Car Accidents in Louisiana
Many things can cause car accidents in Louisiana. Some of the most common causes include:
- Distracted Driving: This includes things like texting while driving, talking on the phone, eating, or messing with the radio. Louisiana has a high rate of distracted driving fatalities. (Source: Zendrive)
- Impaired Driving: Driving under the influence of alcohol or drugs is a major problem. Louisiana is one of the top 10 states for drunk driving deaths. (Source: CDC)
- Speeding: Driving too fast is a common cause of accidents.
- Reckless Driving: This includes things like aggressive driving, running red lights, and unsafe lane changes.
- Weather Conditions: Heavy rain, fog, and other weather conditions can make driving more dangerous.
- Road Conditions: Poorly maintained roads, potholes, and other road hazards can contribute to accidents.
- Traffic Congestion: In busy areas, heavy traffic can increase the risk of accidents.
What to Do If You’re in a Car Accident in Louisiana
If you’re in a car accident, here are some important steps to take:
- Check for injuries: Make sure you and anyone else involved are safe. Call 911 if anyone is hurt.
- Move to safety: If possible, move your car to a safe location out of the way of traffic.
- Call the police: Even if the accident seems minor, it’s important to have a police report.
- Exchange information: Get the other driver’s name, contact information, and insurance details.
- Gather evidence: If you can, take pictures of the accident scene, the damage to the cars, and any injuries.
- See a doctor: Even if you don’t feel hurt right away, it’s important to see a doctor to check for injuries.
- Contact a car accident lawyer: An experienced car accident lawyer in Louisiana can help you understand your rights and options.
Bart Bernard Injury Lawyers: Your Louisiana Car Accident Attorneys
At Bart Bernard Injury Lawyers, we have a deep understanding of Louisiana car accident laws and a proven track record of success in representing accident victims.
- 30 Years of Experience: We’ve been helping people in Louisiana for over 30 years.
- Local Expertise: We know the roads and traffic patterns in Louisiana.
- No Fee Unless We Win: You don’t pay us anything unless we get you money for your case.
Don’t Face This Alone
If you’ve been injured in a car accident in Louisiana, don’t hesitate to contact Bart Bernard Injury Lawyers. We’ll fight tirelessly to protect your rights and help you get the compensation you deserve.
Remember, you don’t have to navigate this difficult journey alone. We’re here to help you every step of the way.
