5 Things You Need to Know About Louisiana Car Accident Laws

Motor vehicle accidents involving trucks, cars, and other vehicles are one of the leading causes of fatalities in the United States. As per the National Highway Traffic Safety Administration, there were 487 passenger vehicle fatalities and 127 pedestrian deaths in the year 2016. While the death rate has significantly reduced since the past century, it’s still higher than in other developed countries.

If you’ve recently been involved in a car accident in Louisiana and are beginning to navigate on how you will recover compensation for your lost wages, injuries, medical bills, and property damage, it’s important to understand relevant Louisiana laws and how they can impact your compensation. Our personal injury attorneys in Monroe at the Law Offices of L. Clayton Burgess have comprehensive knowledge of auto accident claims affecting your personal injury claim. Before you file a lawsuit, here are 5 things you need to know about Louisiana car accident laws:

1. Deadlines to file injury lawsuits: 

The state of Louisiana fixes a deadline or statute of limitations which sets a limit on the amount of time you have to file a car accident lawsuit. Accident victims need to file a claim within one year after the date of the accident. If you miss the one-year window, you may lose your right to claim compensation.

2. Louisiana follows ‘comparative negligence’ system: 

In Louisiana, auto accident liability is determined on the concept of comparative negligence. This means that more than one driver can be held liable for the accident, including victims. The state law, in fact, mandates that the plaintiff’s percentage of fault can reduce compensation awards. For example, the jury has awarded $90,000 for your car accident claim but found that you are 20 percent at fault, your compensation will be reduced to $70,000.

3. Louisiana’s auto insurance laws: 

Car accident claims in Louisiana are governed by a ‘fault system’. As per this system, the driver at fault is responsible for all the injuries and property damage caused as a result of the accident. Also, as per the auto insurance laws, injured victims have a choice to file compensation with the insurance company or a lawsuit in the court. The state also requires the drivers to carry a minimum amount of auto insurance. There are times when the insurance coverage is not enough to pay your medical bills. In such situations, going to court is a preferable option.

4. Your claim may get denied, initially: 

It’s quite common for insurance companies to deny your request initially or offer a lowball settlement which is much less than the real value of your application. To ensure that you are paid minimum recompense, insurance adjusters may end up invoking one of the following defenses:

• Your injury is the result of a pre-existing condition
• You are not injured
• You’ve suffered minor injuries
• You were liable in causing your accident

As Louisiana follows the system of ‘comparative negligence’, your liability in causing the accident may reduce your chances of obtaining prudent compensation.

5. Louisiana follows ‘No Pay, No Play’ law: 

To discourage individuals from driving without auto insurance, Louisiana follows a ‘No Pay, No Play’ law. As per this law, an uninsured motorist may not even recover minimum damages for bodily injuries and property damage. However, there are few exceptions in the ‘No Pay, No Play’ law such as, the other driver was driving under the influence of alcohol, someone caused the accident intentionally, the driver fled the scene of the accident, etc.

After getting involved in an auto accident in Louisiana, it’s incredibly beneficial to consult an experienced personal injury lawyer. Unfortunately, insurance companies also make the utmost effort to maximize their profit by limiting their payment to you. Our competent personal injury attorneys in Monroe at the Law Offices of L. Clayton Burgess have handled countless motor vehicle claims and are familiar with the defense arguments of insurance companies. If you’ve been injured or suffered damage due to the negligence of another driver, reach out to us without the slightest delay!