Car accidents happen for many reasons, but most are due to the negligence of another driver. According to Louisiana State University, there were about 72,500 thousand injuries due to Louisiana traffic accidents. Car accidents can cause a victim to suffer physically and mentally for an extended time, too, which can interfere with daily life. You should not have to pay for the negligence of another driver.
Contact Ben Crump Law, PLLC, today at (800) 598-7557 and let one of our New Orleans Car Accident lawyers assist you in seeking the compensation you deserve. We offer free consultations, and you will only pay if we win our case. Call today.
Proving Negligence in a Car Accident in New Orleans
More than 40% of all traffic fatalities involved a drunk driver in Louisiana in 2019. These numbers should highlight that the negligence of another driver causes a majority of accidents.
When you are proving negligence in a car accident, you must show that:
- The driver had a duty of care to drive responsibly
- The driver breached that duty of care
- The breach caused the accident
- The accident caused your injuries or a death
Louisiana follows the “pure” comparative negligence law, which holds both parties responsible for their share of the negligence. Therefore, even if the other driver is 99% responsible, they are still eligible for that 1%, which is deducted from your compensation.
To establish liability, you should gather as much immediate evidence as possible, and if you are not able to, ask someone who can.
Evidence you should gather include:
- Security footage
- Medical bills
- Crash scene photos
- Witness testimony
- Dashcam recordings and digital information
- Crash report
It is important to note that Louisiana Revised Code § 32-398 states that any accident involving injury or substantial property damage should be reported within 24 hours.
For a free legal consultation with a car accidents lawyer serving New Orleans, call (800) 598-7557
Causes of Car Accidents
As we mentioned, drunk driving is a significant cause of road fatalities but not wearing a seat belt resulted in over 50% of traffic fatalities in 2019. There are other reasons drivers get in accidents as well. Most are because the driver is not following traffic directives and breaching their duty of care to drive responsibly.
Other common causes of car accidents include:
Distracted Driving: This happens when drivers take their attention away from the road to conduct another task such as texting, talking to passengers, eating, etc. Drivers must not use a cellphone for any reason while driving in Louisiana, under Louisiana Revised Statutes (RS) § 32-300.5.
Aggressive Driving: This is the blatant disregard for traffic directives such as not stopping at a red light or stop sign, speeding, tailgating, failure to yield, illegal passing, or any erratic behavior that puts other drivers at risk.
Poor Road Conditions: Not all accidents happen because someone was negligent. Sometimes mother nature affects the driving conditions. In these situations, it is best to contact an attorney to advise you in which direction you should take your claim.
New Orleans Car Accident Lawyer Near Me (800) 598-7557
Let Our Car Accident Attorneys Assist You
When you get the help of your New Orleans car accident attorneys, you are getting a team of people who care about your rights and needs. When you are suffering, the added burdens of reliving the moment that you were hurt can cause more pain and suffering—doubling up on your trauma. We are here to relieve you of this burden.
Ben Crump Law, PLLC, understands the value of your case. We know what it means to get the help you need and how righting a wrong can make all the healing difference. We also make sure you get everything done promptly while taking on the burden of negotiating your claim with insurance companies. We want to make sure you do not settle for less than you deserve.
Compensation for Damages
When you file for compensation, there will be factors to observe that may affect your payment outcome. It is always best to get the help of a professional when calculating damages. Monetary and non-monetary damages are typically available to those injured in a car accident.
These are known as economic and non-economic damages; they include:
- Medical bills
- Loss of wages
- Loss of companionship
- Pain and suffering
- Future earnings
Statute of Limitations
Personal injury lawsuits are one year from the accident to file per Louisiana Civil Code (CC) §3492. Wrongful death lawsuits are also one year per CC §2315.2. There are a few exceptions to these rules, which is best to discuss with an attorney.
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Call Ben Crump Law, PLLC, Today for a Free Consultation
Do not wait to file your claims. You have a limited amount of time to file a lawsuit if you need to. Our New Orleans car accident lawyers are standing by to help you when you are ready. Contact the offices of Ben Crump Law, PLLC, today at (800) 598-7557.
We work on a contingency fee basis, so you only pay when we win. This way, you can begin working on your case as soon as possible, with no out-of-pocket costs to you.