If you are recently an accident victim in Louisiana or recently involved in a motor vehicle accident, beginning to deal with how you are going to reclaim what you lost or need to pay, then it essential to have understand some laws in Louisiana that will affect you after an auto accident.

1. If Your Vehicle Is Operable, You Must Move Your Vehicle from The Roadway or Off the Roadway

Like in any other state, Louisiana law mandates that after a motor vehicle accident, one should move off the road and to the nearest soft shoulder for the safety of other drivers and occupants of the vehicles involved in the particular accident.

2. You Might Be Under an Obligation Under Louisiana Law to Report the Accident to The Police

Louisiana law demands that persons operating automobiles shall report an automobile accident to the police department, every time an injury, or death results from the accident or if the property damage costs more than $500.

3. Document The Occurrence of The Accident by Taking Photographs and Taking Comprehensive Notes

Motor vehicle accident-related reports are usually complicated hence it is important to gather as much information about the accident, individuals involved and the surroundings as you can. If like most drivers, you have a smart phone, start taking picture of the scene of the accident, the damage done to your car and the other car, paint of other vehicles cast on your car, the street, lamp post and junction where the incidence occurred, any injuries on yourself or any of your fellow passengers or any other incidence related picture.

4. Louisiana Employs the Pure Comparative Negligence Rule

In Louisiana as in many other states, the law that deals with fault and liability in a motor vehicle accident is known as the pure comparative negligence rule. What this means is that every driver making a traffic accident is to blame in proportion to their level of responsibility or degree of negligence in the occurrence of the accident. In situations where you sustained an injury or your property was damaged after an accident in Louisiana and you are partially liable for causing the accident or contributing in any way, you will be able to claim for compensation although the cash compensation you will be paid will be adjusted downward based on the percentage of the blame that you carry.

5. Sometimes, They Will Not Approve Your Claim at First, But Later on They Will

Insurance companies are infamous for denying your claim outright or giving you ludicrous amounts of money that has nothing to do with the value of your claim. To do this, they typically invoke one of the following defenses:

  • Their policy holder was not involved in the accident
  • You are not truly injured
  • They denied knowing of such injuries and told me my injuries are not that severe as I would like to portray
  • This was proceeded by age and, where the claimant has a pre-existing condition causing an injury, the condition will be responsible for the injury
  • Your injury was sustained after the occurrence of the specific accident in question.
  • You were at fault for injuries to yourself

Lastly

If you are a victim of a car accident that has resulted from the negligence of another driver, then feel free to contact our firm for a free consultation of your case.