Personal Injury

Liability And Uninsured Drivers In Louisiana

In this article, you will discover:

• How your own insurance policy can protect you against uninsured or underinsured drivers.
• After an auto accident, fault does not directly correlate to the amount of damages owed.
• How hiring an attorney can increase your compensation after an auto accident.

For more information on Auto Accident Cases In Louisiana, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (318) 639-9070 today.

Louisiana Personal Injury Claims

In this article, you will discover:

• The important steps to take directly after a car accident.
• How fault can affect your personal injury claim after an accident.
• How hiring an attorney after a car accident can save actually you money.

If It Was Clear That The Other Driver Was At Fault, Do I Still Need To Hire A Louisiana Personal Injury Attorney For My Car Accident Case?

Even if you’re not at fault in a car accident, you still need a personal injury attorney. Liability or fault is only one portion of the process. Often when we’re dealing with these cases, it’s not an issue of who is at fault—it’s an issue of damages. Damages are the value of the injuries you have. You have a broken foot; how much is a broken foot worth? You have a hurt back; how much is a C3 vertebra worth?

It’s not the issue of who was at fault but rather of how much damages were done during those cases. You always want representation. You want someone familiar with the process who knows how to handle it. The bottom line is insurance companies are not in the business of giving you money; they’re in the business of keeping their money. You need compensation for your medical bills or the time you had to miss work. You don’t want to be dealing with an insurance adjuster whose only interest is keeping the claim as low as possible.

Get an attorney, get a fresh set of eyes on the case who can deal with the damages portion. Liability often becomes an issue of damages. You definitely want to have good representation during this phase. Doing so really turns into numbers on a check.

I Was Partially At Fault For My Car Accident In Red River Parish. How Does That Impact My Louisiana Personal Injury Claim?

If you are partially at fault for a car accident in Louisiana, it will affect your claim. Louisiana is a comparative fault jurisdiction. The law is going to look at the accident and ask, “How much of this was your fault?” If someone blows through a red light, pulling out in front of you, and you hit them, they’re at fault for running the red light. However, if you’re going ten miles over the speed limit, you bear some responsibility.

The law is going to look at that accident and say, “Well, the person who ran the red light was 85% responsible, but if you had been going the speed limit, you probably would have had time to stop or at least lessen the impact, so you’re 15% responsible.” Then we look at the total loss of the claim. If the claim is worth $100,000, 85% of that is the person who ran the red light, or $85,000, and the 15% or $15,000, is yours.

Just because you have some liability, it doesn’t mean you’re not entitled to something. Just because you have a little bit of fault does not mean you don’t have a claim. It just means you bear the portion of fault that is yours, and, in most cases, your compensation is reduced by that percentage.

How Long Do I Have After A Car Accident To File A Personal Injury Claim In Louisiana?

In Louisiana, the prescriptive period to file a personal injury claim is one year from the date of loss. If you get hit on May 1st, you have one year from that date to file your claim. Though, you want to get on it as soon as possible.

Most injury claims can be settled without the necessity of litigation, which lessens the cost you have to put in, often increasing the amount you get back. Time is money, it’s true. It’s best to get an attorney involved as soon as you can. If you’ve been pulled around and misled by an insurance agent for the last 360 days, at this point, you need to file a claim. On day 366, if you haven’t made a deal with the insurance company, all-of-a-sudden, they’re off the hook because the time has elapsed.

For more information on Auto Accident Cases in Louisiana, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (318) 639-9070 today.

Hit By An Uninsured or Underinsured Driver? Louisiana Auto Accident Attorney Breaks Down Recovery

If you are hit by an underinsured or uninsured driver, your claim is not worthless. Your claim goes from which insurance provider is on the hook to the question, does the person responsible have anything that can be used to compensate for your losses.

Hopefully, you have uninsured or underinsured motorist vehicle insurance—UMV or UMI coverage. If you have underinsured or non-insured motorist vehicle insurance, then you have insurance for the accident, and you have a claim against your own insurance provider.

You also have a claim against the person who was operating the vehicle or the owner of the vehicle. The question turns into, does that person have assets or anything of value we can use for compensation for your stuff? For example, if a business truck is responsible for your accident, maybe it was just a secretarial mishap that let the insurance coverage lapse. There’s no insurance on the vehicle, but it’s a business with assets. It doesn’t mean they’re off the hook. It just means we have to go through a different negotiation process to get the business to payout, rather than the insurance provider they should have had.

How A Bad Driving Record Could Impact Your Car Accident Injury Claim Or Settlement

In this article, you will learn:

• The factors that may affect your personal injury settlement
• How you insurance status could impact your case
• How insurance companies attempt to limit settlement amounts

Louisiana is a comparative fault jurisdiction which means that each party is allocated a portion of fault. For example, if you get in a car accident because someone ran a red light, on the face of it, it seems like they're at fault, but if they find out that you were speeding or texting while driving, then a portion of the fault might be yours. If you paid attention or were going the speed limit, you may have had time to stop. So, a jury or judge might say, “it was 80% of the fault of the person who ran the red light, and 20% your fault for not paying attention.” Meaning, if you have a bad driving record, it's not necessarily going to hurt your claim, but it could be something used as potential evidence in the negotiation phase.

Tactics Used By Insurance Companies In Personal Injury Cases To Deny Or Limit Settlement

First off, insurance companies are in the business of keeping their money and not giving it to you. So, it could potentially be a long process to obtain what you deserve. One of the main tactics that frustrates most is the delay tactic, because a lot of people genuinely don't like suing, and they just don’t want to be that person, but they also don't want to be a victim and end up having to pay for someone else's fault. So, insurance companies will often delay settling for as long as possible, and they’ll discuss offers with you, especially if you're unrepresented. If you don’t have an attorney, they’ll definitely do it. They won't return your calls or return your emails and when you finally talk to them, they’ll do it again.

In most cases you have in Louisiana, you have one year to bring a lawsuit. After that 366th-day, you lose your right to bring a lawsuit. If you file after that limit, they don't owe you anything because you waited too long. That's why it's so important from the very beginning to get an attorney, someone who is knowledgeable, and who knows the deadlines and tactics. Another thing, as I mentioned being a comparative fault jurisdiction, they're going to try and get you talking, and they're going to try to find ways that it potentially might be partially your fault. If they know that their person ran the red light, and they know that they're liable. Their tactic is not initially to avoid payment but to limit payment based on any fault they might be able to prove that falls at your feet. 

That's why it's so important from the very beginning to hire an attorney, and just because you file suit doesn't mean there’s going to be a trial. Oftentimes you're doing that to stop the play clock. 

What To Expect If You Are Uninsured At The Time Of An Accident That Is Not Your Fault

You might get a traffic ticket for not having any insurance, but as far as your personal injury settlement, in most cases, it wouldn’t really affect it much because the insurance company is going to penalize the person who has fault. In most cases, you are insured for a certain amount of money. So they say, look, for the first $100,000 of damages or injury, the insurance covers it. Now, if you have $400,000 damages, sometimes your personal insurance might step in and utilize what’s called underinsured motorist Insurance, also called UM or UIM. So, sometimes your own insurance company is the one that steps into compensate the difference, but it's not going to limit your ability to recover against their insurance company as long as they had insurance and they were the ones at fault. 

For more information on Impact Of Bad Driving Record On PI Claim, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (318) 639-9070 today.

Trucking Accidents

Large Commercial Vehicle Accidents And Personal Injury Claims

In this article, you will discover:

• The multiple parties at fault for most semi-truck accidents in Louisiana.
• How suing a truck operator will affect the amount of damages received.
• Why your personal injury lawsuit may end up in federal court.

In Louisiana, Who Is Potentially Liable For My Injuries Sustained From A Commercial Vehicle Or Trucking Accident?

There are different liability scenarios with commercial vehicle accidents compared to other accidents. You have the driver, whoever that person may be, and the owner of the vehicle. Sometimes the owner of the truck might not also be the owner of the trailer that they’re hauling. Any businesses or entities that own those vehicles would be on the hook, as well as their insurance providers.

With just one accident, often, you may have five or six people potentially liable. Louisiana recognizes vicarious liability. If the employee driving the vehicle is operating within the scope of their job—meaning they’re doing what they’re supposed to—then the employer is going to bear some liability. With trucking accidents or commercial vehicle accidents, there are more opportunities for recovery because there are many different players involved.

For more information on Personal Injury Law in Louisiana, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (318) 639-9070 today.

In Louisiana, What Are The Severe Injuries You See As A Result Of Accidents Involving Semi-trucks Or Large Commercial Vehicles?

Accidents involving semi-trucks or other large commercial vehicles are generally going to result in more traumatic injuries due to the size of the vehicle—it’s simple physics. Using Newton’s law, the larger the vehicle that hits you, the more damage it will cause. Large commercial vehicles obviously weigh a lot more than a standard family-size vehicle. A commercial vehicle is going to hit a lot harder and cause much more damage, especially at higher interstate speeds.

Often, we see spinal and head injuries with these types of accidents. Generally, commercial vehicles have adequate insurance to provide good compensation. The main issue with these types of injuries is that they have prolonged effects, often unnoticed for a long time. With these types of injuries, you will require a medical evaluation and expert testimony to demonstrate the effects. The long-term effects increase the amount of the claim you’re owed, not only because of the person’s actions but for the changes made to your life because of your injuries.

Motorcycle Accidents

Louisiana Motorcycle Accident Personal Injury Claims

In this article, you will discover:

• Whose carelessness most commonly causes motorcycle accidents in Louisiana.
• How wearing safety gear affects your damages claim.
• Common tricks used by insurance companies to reduce the value of your personal injury claim.

What Types Of Injuries Do You See As A Result Of Motorcycle Accidents?

From my experience, head and spinal trauma are the two primary injuries we see from motorcycle accidents. Of course, we see cuts, scrapes, bruises, and broken bones too. Louisiana is a helmet state, meaning you have to wear a helmet. But when you’re driving a motorcycle at 70 miles an hour, and you get hit by another vehicle, that helmet is only going to do so much.

As The Driver Or Passenger Of A Motorcycle, Am I Required To Wear A Helmet Or Other Safety Gear In Louisiana? Does It Hurt My Personal Injury Case If We Were Not Wearing Gear?

In Louisiana, you are required to wear a helmet, whether you’re a driver or the passenger of a motorcycle. It can hurt your case if you are found to have not been wearing one. If you have a traumatic brain injury and an expert comes back to say you wouldn’t have that same injury if you were wearing a helmet, that definitely damages your case.

It doesn’t mean your case is automatically dismissed for not wearing a helmet. It means the comparative fault portion is going to be heavier on your side. The person is still liable for the accident after they ran a stop sign then hit you, but you’re partially at fault because you did not take the necessary safety precautions.

In Louisiana, What Are Common Defenses Used By Insurance Companies To Deny Or Limit Settlements In Motorcycle Injury Accident Cases?

Generally, insurance companies try to limit payouts by citing something the operator did wrong:

• Were you wearing headgear?
• Were you wearing other protective gear?
• Were you wearing a helmet?

If you answer no, they will say, “Well, the cyclist could have prevented a large portion of the injury.”

The insurance company will also infer you did not do your due diligence in operating the bike in a safe fashion. Oftentimes, they will say you did something incorrectly. They will argue it was an unavoidable accident because the person operating the other vehicle could not have seen the motorcycle due to the size or location of the bike.

Oftentimes, in these cases, the insurance company will try to reduce the amount of damages. They don’t necessarily try to get off scot-free on liability, but they try to reapportion fault and make the cyclist as much fault as they possibly can. That’s definitely when you start needing an attorney. The attorney understands, “Hey now, we’re just dealing with numbers, and they’re trying to lower the fault distribution.”

What Are The Most Common Causes Of Motorcycle Accidents Across Louisiana?

The causes of most motorcycle accidents in Louisiana are pretty much the same as anywhere else. Mostly, motorcycle cases are not the fault of the motorcycle operator. Generally, it’s the carelessness of other drivers.

One of the most common causes we see is a driver not seeing the motorcycle in the lane on the interstate, and they merge into them. Generally, it’s the carelessness of another driver that causes the accident. The problem with motorcycle accidents is there’s nothing around you to protect you. Generally, the damages or injuries are much greater as compared to a car or a truck accident.

For more information on Personal Injury Law in Louisiana, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (318) 639-9070 today.