A few factors are very important when dealing with New Orleans car accidents, and we’ll share these best practices with you — including how fast to take action, how to seek out help and legal advice, and how long it could take to settle car accident claims.
Types of Auto Accident & Personal Injury Cases We Handle
At JJC Law, our personal injury services include handling personal injury cases that range from automobile accidents with modest injuries to traumatic brain injuries and wrongful death. Our New Orleans car accident attorneys also represent clients in uninsured and underinsured motorist cases, when the responsible party either has no insurance or not enough insurance coverage to pay for the damages caused. Finally, our New Orleans car accident attorneys can assist with property damage claims against insurance companies following an accident.
Often, the most devastating injuries occur when 18 wheelers are involved in the auto accident because of the sheer size of their vehicles and damage they ultimately cause. JJC Law is knowledgeable with respect to state and federal regulations governing the conduct of truck drivers and trucking companies, as well as the required condition of their vehicles.
Truck and car accident cases may also involve other complex issues, including dangerous highway design, dangerous design of an automobile, defective parts, as well as liquor liability claims against bars that serve drivers to the point of intoxication. These cases may involve multiple defendants, including state and local governments, the Department of Transportation and automobile manufacturers.
Main Causes of Car Accidents in New Orleans, LA
The condition of streets in New Orleans, Louisiana, are often the cause of many car accidents. The feeder streets into and out of the Central Business District, including the interstate, are prime spots for car accidents because of those commuting during rush hour traffic. There are many different variables that can cause an accident during daily commutes, many of which arise out of distracted driving thanks to the presence of cell phones in our everyday lives and reckless driving because commuters are in a hurry to avoid traffic.
The Most Common Causes of Car Accidents in New Orleans:
- Distracted driving: Any type of distraction can cause an accident. One of the biggest culprits is texting and talking on the phone. Many accidents result from people merging into other lanes, missing stop signs, and failing to stop at stop lights because they are looking at their phones.
- Speeding: Most speed limits for city streets around New Orleans are 25 miles per hour, which is an easy limit for drivers to exceed when they are in a rush.
- Drunk driving: New Orleans is known for its vivacious nightlife and bars, so it is no surprise that many car accident cases involve drunk driving. Countless fatal pedestrian accidents, bicycle accidents, and motorcycle accidents were caused by driving under the influence of alcohol.
- Drugged driving: Narcotics, as well as over-the-counter prescription medication, have caused many New Orleans car accidents.
- Running red lights: There are many red light cameras around New Orleans to help mitigate this risk by fining drivers a $100 minimum for running a red light in these areas.
- Fatigued driving: This has shown up in studies over and over again. Even just missing a few hours of sleep can quadruple the likelihood of a car wreck.
- Failing to yield: Whether drivers are blowing through stop signs or cross walks, many pedestrians have been victims of negligent drivers.
- Tailgating: Trailing too close to the back of the car in front of you is a common cause of car accidents in New Orleans.
- Dangerous lane changes: Many motorcycle accidents and car accidents have been caused by lane splitting and reckless lane change maneuvers.
- Dangerous New Orleans roads: It is no surprise that car accident cases arise from poorly maintained roads. I-10 ranks as 4th in the U.S. for the worst maintained highways. There are many personal injury claims caused by dangerous roads in New Orleans, but there are laws in Louisiana that govern claims against government agencies that manage these roads. It is wise to involve a law firm in these cases so you can get maximum compensation.
Is It Worth Getting A New Orleans Personal Injury Attorney For A Car Accident?
If you are ever involved in a car accident in New Orleans that is not your fault, you have the right to hire a lawyer — and it is highly recommended that you do so. Because you were not responsible for the accident, you may think everything will be fine and you don’t have to take action. You may feel as though the insurance company will treat you fairly. What you need to understand is the insurance companies lose money when they pay claims. Thus, their claims handlers are working hard to minimize the amount of money they pay out each time an accident occurs. Often, they nickel and dime people with the property damage and always “promise” to pay for your injuries. What they are not going to tell you is that if you do not properly document your injuries, they will not pay you for the pain and suffering caused by the accident.
It is crucial to get an experienced car accident attorney to protect your rights and ensure your damage claims are properly documented. Other times, it is critical to have an experienced car accident attorney assist you in proving that you did nothing wrong. Day after day, people cause accidents, accept fault at the scene, then change their story once they speak with their insurance company. Let our New Orleans car accident attorneys help make sure this does not happen to you. Get us involved as soon as possible.
It is always a good idea to seek legal counsel after getting into a car wreck. A car accident attorney can assist you in properly filing a car accident claim or lawsuit against the negligent party. It can be a complicated process, and the lawyers at JJC Law can help alleviate your stress regarding legalities, while you take care of yourself and recover.
Many people don’t realize that injuries, even those caused in minor accidents, can have a serious effect on your life. Adrenaline following an accident can hide injuries you may not notice until days later. You want to be as protected as possible in the aftermath of a car accident, and that includes getting fair compensation for car accident injuries.
A New Orleans accident lawyer can provide legal advice and facilitate recovering compensation for unexpected medical bills.
How an Attorney Can Help:
- Helping you to get the medical care you need.
- Finding the responsible parties.
- Obtaining a police report that details how the accident occurred.
- Speaking with witnesses and gathering testimony from them.
- Seeking out any video evidence of the accident.
- Hiring expert testimony and accident reconstruction specialists.
- Proving the other party was liable.
- Fighting to get you compensation for all of your losses.
A car accident attorney at JJC Law has the expertise to assess what damages you are entitled to and how to help you be successful in your car accident claim.
If you have been in a car accident in New Orleans, Louisiana, it is helpful to know that at JJC Law, we work on a contingency basis, which means you only pay when we win your case. We pay all litigation expenses upfront, and if we don’t recover money for you, the expenses are on us. Moreover, we offer free consultations for an initial assessment, during which you’ll get to discuss any settlement offers you have been given and ask about your rights under current state law. If another attorney asks you to pay for the costs up front, they are not a properly experienced New Orleans car accident attorney. Don’t be tricked into thinking that is normal. Call us for a free consultation.
Types of Damages and Compensation for Injuries from an Auto Accident
A New Orleans car accident attorney can assist with recovering fair compensation for personal injury claims involving:
- Cuts requiring stitches
- Large bruises
- Broken bones
- Spinal injuries
- Traumatic brain injury
- Loss of limbs
- Internal injuries
- Lejeune damages (bystander damages for family members)
Personal injury lawsuits are often necessary for serious injuries that affect your livelihood (lost wages), cause extended hospital stays, and affect your ability to go back to work (loss of future income). Personal injury lawyers can help evaluate the short-term and long-term effects of your injuries.
There are many variables in an auto accident when it comes to determining fair compensation, and each case can be different. Whether your issues are simply property damage to long-term residual effects from injuries or the loss of a loved one, our New Orleans car accident attorneys can help
Depending on the circumstances in your case, you may be entitled to seek compensation for:
- Medical Expenses: This includes current and ongoing expenses for medical bills (care, treatment, therapy, medical devices, etc.) caused by accident-related injuries.
- Lost Wages: If personal injury prevents you from returning to work, you can ask to be compensated for the loss of income, including PTO and other benefits. If you are forced to take a lesser paying job because your injuries prevent you from returning to your previous job, you may be able to ask for compensation to make up for the difference in salary.
- Pain and Suffering: Personal injury victims can receive compensation for long-term pain and other problems. A personal injury claim can also include depression, PTSD, etc.
- Loss of Enjoyment: You are entitled to this type of compensation if your injuries prevent you from enjoying activities such as walking, running, driving, playing sports, swimming, etc.
- Loss of Consortium: This is a legal term that describes a situation in which you are no longer able to enjoy the kind of intimate relationship you used to have with a spouse or partner due to the severity and nature of serious injuries.
- Property Damage: If you were involved in a car accident, you can ask to be compensated not only for the damage done to your automobile, but also to any property that was in the car at the time of the auto accident as well as the diminished value of your vehicle.
- Bystander Damages: If your loved one was involved in an accident and you witnessed the incident or came upon the scene shortly thereafter, you may be entitled to compensation. These are called “Lejeune” Damages.
Louisiana Car Accident FAQs
For an accident injury claim, negligent or other careless parties can be held liable. Below are examples of common liable parties (people or companies) in New Orleans:
– Other drivers
– Bus drivers
– Uber/Lyft drivers
– Commercial trucking companies
– The city government
– Property or business owners
– Product manufacturers
In New Orleans, Louisiana, one or more parties, including an insurance company, could owe you compensation because of comparative fault, which is the evaluation of any other person/entity that may have contributed to your accident. An experienced New Orleans car accident attorney will also evaluate the venue in which to bring your personal injury lawsuit, should a lawsuit be necessary. Venue is an important consideration after a car accident and your attorney should be experienced in making that decision.
Louisiana’s statute of limitations(called prescription in Louisiana) allows one year from the time of your car accident to file a personal injury or insurance claim.
The New Orleans personal injury attorneys at JJC Law recommend getting a car accident lawyer as soon as possible. The faster you hire a lawyer, the better chance you have at recovering maximum compensation. Personal injury attorneys can gather necessary evidence to support your car accident claim as you seek help for your injuries. Waiting days or weeks can result in the loss of evidence. Don’t hesitate in getting help for your accident. Read more about how long you have to file a car accident lawsuit.
Yes, calling the police about the car accident is first on the list of things you should do. In Louisiana (and most states), you are required by law to notify law enforcement for any car accident that results in injury, death, or substantial property damage. Failing to call the police can result in more than just fines or jail time — it could make it difficult to collect any damages in a personal injury claim.
A police officer can call for emergency assistance, protect the scene of the accident, and investigate and document the likely cause of the accident. When they return to the station, they’ll prepare and submit an official accident report. A New Orleans accident report is often available online. The information contained in the police report can be invaluable in helping you establish liability for the car accident. Often, getting a New Orleans accident report requires assistance. Our New Orleans car accident attorneys are experienced in these situations so do not hesitate to call us.
At a minimum, do not leave the scene of the accident until you have the at fault driver’s personal information, insurance information, photographs of the vehicles, and photographs of the scene (where the accident happened). Use your cell phone to record the at fault driver admitting to what happened so he/she cannot change their minds later or tell their insurance company a different story. Call the at fault driver’s insurance company from the scene and let them admit fault before you leave. Doing so ensures that the at fault driver has insurance (a card is simply a card, not actual insurance) and confirms the facts before you leave. If there is any hesitation to record (audio or video) the at fault party admitting fault and/or calling their insurance company, call and wait for the police. Read more about the importance of getting a police report after an auto accident.
This depends entirely upon your car accident case. It could be a few weeks or take a year or more to be resolved. The fastest way to collect your money is to settle with the insurance company, but this is not always the best route because it may not cover the full extent of your injuries or associated long-term costs.
Hiring a New Orleans accident lawyer is the wisest action to take in order to help you prove that your accident related injuries were caused by the negligent actions of the other driver and determine how much money you’ll need to fully compensate you for your current and ongoing expenses and losses. This may take longer, but is usually well worth the wait. JJC Law will fight to get you the best settlement possible, no matter how long your injuries are sustained. Read more about how long car accident lawsuits take.
You may be eligible to collect compensation for personal injury cases, even if you share fault. In Louisiana, this is due to the “pure comparative negligence” rule, which means that fault and liability are determined according to the percentage of responsibility each driver shared for the auto accident. The compensation you are able to recover in a personal injury claim will depend on the amount of fault you’ve been assigned for the accident. Read more about pure comparative negligence.
Every driver in Louisiana is required to have automobile liability insurance. If you are driving your friend/family member’s vehicle, but do not have insurance yourself, that is ok — as long as the vehicle is insured.
After an accident, insurance companies like to confirm that you (the victim) had proper insurance. They tell you they need to “verify” coverage. They are doing this because Louisiana has a “no pay no play” statute. The “No Pay No Play” statute is a penalty statute that penalizes a person for failing to have proper automobile liability insurance on their vehicle (or the vehicle they are driving). Under this statute, the insurance company is allowed to hold back payment of $15,000 toward any bodily injury payment and $25,000 toward any property damage payment.
As you can imagine, such a situation can be truly detrimental to your case even if you were not at fault. JJC Law is well versed in the “No Pay No Play” statute and can provide advice and guidance on how to handle such a situation. Call the New Orleans car accident attorneys at JJC Law for a free consultation today.
Get Help from Experienced New Orleans Car Accident Attorneys
If you have been involved in a serious truck or auto accident, New Orleans car accident law firm JJC Law is here to help. Call us today at (504) 513-8820 to schedule your free consultation to discuss your car accident case now.