New Orleans Car Accident Lawyers

Motor Vehicle Accidents in Louisiana

If you were involved in a car accident, and you believe someone else was at fault, reach out to Mike Slocumb Law Firm right away. Depending on the details of your case, you could be entitled to financial compensation for your medical bills, lost income, lost earning ability, pain and suffering, and more—and our New Orleans car accident lawyers can help.

We have decades of combined experience and a proven track record of success, having secured more than $500 million in settlements and verdicts for our clients. Our firm is known for an aggressive approach to litigation, as well as for providing clients with compassionate and highly personalized representation. We truly care about you and are prepared to do everything we can to help you secure the full, fair recovery you are owed.

Request a free consultation with our car accident lawyers today by calling (504) 226-6777 or by contacting us online. Hablamos español.

Is Louisiana a No-Fault Accident State?

Louisiana is not a no-fault state when it comes to auto accidents and insurance claims. In no-fault states, accident victims can file personal injury protection (PIP) claims with their own auto insurance providers and receive compensation for certain covered losses, regardless of fault. In fault-based, or “tort,” states like Louisiana, however, accident victims generally must bring claims against the at-fault driver’s insurance provider to receive compensation. This involves proving that the other driver was, in fact, at fault for the accident.

In addition to following a traditional fault-based car accident and insurance system, Louisiana also follows a rule of pure comparative negligence. Under this rule, you do not have to prove that the other driver was entirely at fault for the accident. In fact, you don’t even need to prove that they were mostly at fault. As long as you can prove that they were partly to blame, you can file a personal injury claim and seek compensation for your damages.

However, if the insurance adjuster and/or court finds you partly at fault, you will not be able to recover compensation for the full cost of your damages. Instead, the amount you are seeking will be reduced by the same percentage of fault you are found to have. So, if the insurance adjuster finds you 25% to blame for the accident, you can only recover 75% of the total amount you are seeking in damages.

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What Are the Most Common Causes of Motor Vehicle Accidents in Louisiana?

Just like in other states, most motor vehicle accidents in Louisiana result from negligence. Often, it is another motorist who is negligent, but sometimes the negligence of a third party, such as an auto manufacturer, plays a role.

Some specific common causes of auto accidents that can be attributed to negligence include:

Speeding, running red lights, and other traffic violations
Distracted driving, including texting or using a cellphone
Driving under the influence of alcohol and/or drugs
Fatigued driving, general carelessness, and driver error
Auto defects, including defective vehicle design
Poorly maintained or constructed roadways

At Mike Slocumb Law Firm, we work with accident reconstructionists and other specialists to determine the root cause of an accident, as well as who is liable for our clients’ damages. Our attorneys carefully evaluate all available evidence and develop innovative, customized legal strategies designed around the unique facts of a case.

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Do You Have to File a Police Report After an Accident in Louisiana?

In most cases, except for very minor accidents, you must report all motor vehicle accidents in Louisiana to the police.

The law requires you to report any accident that results in one or more of the following:

Bodily injury
Death
Property damage that actually or appears to exceed $500

If the accident occurred within an incorporated city or town, you must report it to the local police department as soon as possible and by the “quickest means of communication.” If the accident occurred outside of an incorporated city or town, you must report it to the nearest state police station or sheriff’s office, again immediately.

Most often, it makes sense to call the police and have them come out to the scene of the crash. When the responding officer arrives, you can provide an official accident report on the spot. Be honest about what happened and provide all details requested of you, but avoiding admitting fault or making any statement that could be construed as admitting fault, such as apologizing. Remember, only a complete investigation into the accident can reveal what really happened, and if you admit fault or apologize for the accident, it could hurt your future injury claim.

Discuss your legal rights and options with one of our New Orleans car accident attorneys; call (504) 226-6777 or contact us online for a free case evaluation.

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New Orleans, LA 504-226-6777 365 Canal St. New Orleans, LA 70130 [+] Map & Directions