While Louisiana roads aren’t exactly death traps, safety can be an issue. The Pelican State is seeing an uptick in the number of vehicle crashes each year. In 2023, 60 crash fatalities in Orleans Parish were reported and around 7,690 people were injured in traffic crashes.

Statistics are higher when you look at the entire state. This doesn’t mean staying off Louisiana roads. This isn’t practical. However, it can help to know a bit about the personal injury claim process. If you’re injured in a Louisiana car accident, you probably plan on recovering compensation.

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

Filing a personal injury claim after a Louisiana car accident takes some time. This usually isn’t something you can accomplish overnight. There’s a process to go through and some steps can take longer than others. However, even if this sounds daunting you don’t want to wait too long.

Like all other states, a statute of limitations applies. This is how long the state and insurance companies give accident victims to start the claim process. The clock usually starts ticking on the day the accident occurs. Essentially the statute of limitations starts the second the accident occurs. In Louisiana, you usually have two years to file a car accident claim. The time may only be a year if the accident claim is against a government entity.

To make sure you’re not missing any filing deadlines, it’s a good idea to partner with an experienced Louisiana vehicle collision lawyer.

Do I Need to Prove Negligence to File a Vehicle Accident Injury Claim?

Your car accident claim falls under personal injury law. This legal standard is essentially a huge umbrella covering just about any type of accident causing an injury. If you’re injured at work, it’s a type of personal injury claim. So are slip-and-fall accidents and vehicle collisions. A key tenet of personal injury law is establishing negligence. This means you must be able to show the at-fault driver’s negligence is the direct cause of your accident.

Proving negligence isn’t as simple as pointing out that the other driver was speeding. Yes, speeding is a type of negligence but you’re going to need more than just your word. You need to meet the four key elements of negligence, duty of care, breach of duty, causation, and damages:

– Duty of care. This is the duty everyone owes to each other to act in a way that doesn’t place others at risk. Motor vehicle drivers have a duty to follow all traffic laws.

– Breach of duty. You must show the other driver violated their duty of care. Speeding is an example, along with running a red light.

– Causation. You’re proving the other driver’s actions are directly responsible for causing your accident.

– Damages. You must show your damages can only be caused by the accident.

If you can meet these four elements of negligence, chances are, you can move forward with your accident claim.

Can More Than One Person Be Liable for My Car Accident?

Some vehicle accidents are complex and there may be more than one liable party. Multi-car pileups can be an example. Several drivers may be fully or partially liable for causing the car collision. When this happens, you’re usually dealing with comparative fault. This is another insurance rule Louisiana follows.

Comparative negligence assigns blame to all involved parties. You can be assessed anywhere from 0% to 100% of the blame. You shouldn’t run into any problems filing a vehicle accident claim even if comparative fault applies.

As long as your percentage of blame isn’t above 50%, you should be okay to try to recover compensation. However, your potential settlement amount is going to be reduced by your assessed percentage of fault. So, if you’re 25% at fault, you’ll receive 75% of your claim’s awarded value.

More than one person or entity can also be liable for your damages, without comparative fault coming into play. Sometimes, you can name multiple defendants in your accident claim. For example, a commercial tractor-trailer driver and the trucking company. Determining liability can be tricky, but your Louisiana accident attorney can help you navigate the process.

Do I Need to File an Accident Report for a Minor Fender Bender in Louisiana?

Reporting an accident to the police can seem unnecessary if it’s only a minor fender bender. You’re not seeing any vehicle damage, and no one suffered injuries. In this scenario, it may be legal to skip reporting the minor collision. Louisiana only requires immediate accident reporting when injuries and/or fatalities are present. If property damage exceeds $500, you need to report the vehicle accident.

If you can skip reporting the accident, it doesn’t necessarily mean it’s a great idea. Without your accident report, the insurance company may automatically deny your claim. You can file a report, up to 10 days after the accident occurs.

Sure, this gets you out of waiting for the police to arrive but it can also hurt your potential car accident claim. Evidence is often lost. Witness memories get hazy, making it harder to prove your claim if questions pop up.

Does Louisiana Cap Damage Amounts on Vehicle Accident Claims?

Some states have caps on damage amounts. This means you can’t receive more than the cap regardless of your claim’s true value. The Pelican State doesn’t cap economic or noneconomic damage awards in most types of personal injury claims. Yep, this applies to your car accident claim.

Louisiana does cap damage amounts in medical malpractice claims at $500,000, but it’s not something that’s going to impact your vehicle collision claim.

Should I Hire a Louisiana Car Accident Attorney?

You’re not legally required to hire an attorney for a car accident claim. Some claims are pretty straightforward and the insurance company isn’t balking at paying. However, most accident claims are complicated and a few insurance laws probably apply. This is when it’s usually best to work with a Louisiana car accident lawyer.