Each year people in Louisiana lose loved ones, wages, and their quality of life due to car accidents. Car accidents can have a tragic effect on your life and dramatically alter your life’s trajectory. According to Louisiana State University crash reports data, crashes in Louisiana cost citizens $8.8 billion in the year 2018. If you’ve been involved in an accident, due to the negligence of another driver, then you could be entitled to economic and non-economic damages.
Common Car Accidents in New Orleans
The following accidents are some of the most common in New Orleans:
Speeding
The city of New Orleans has implemented its Traffic Safety Camera Program to deter speeding and their data reflects that 80% of drivers who get a traffic safety camera citation don’t get another. Speeding reduces reactionary times, endangers other travelers, and when combined with other distractions can be deadly.
Driving Under the Influence
The City of New Orleans is known for its exhilarating parties, live music, and festive nightlife. However, drinking and driving are not encouraged. The legal blood alcohol limit is 0.8 similar to other states. More than 40% of crash fatalities in 2018 across Louisiana were alcohol-related and over 45,000 crash-related injuries involved alcohol consumption. Driving under the influence of alcohol or other drugs has been found to reduce drivers’ cognitive abilities, reaction speed, perception of velocity, safety hazard awareness, ability to maintain balance, coordination behind the wheel, and brain functioning.
Distracted Driving
In April of each year, the City of New Orleans has adopted it’s Distracted Driving Awareness Month. Louisiana has seen a 45% difference in distracted driving fatalities from 2013-2018. Louisiana’s laws prohibit the usage of any cellular device while operating a motor vehicle but distractions don’t end there. Eating while driving, loud music, adjusting equipment, and other passengers can distract drivers from giving their focus to the road. According to the National Highway Traffic Safety Administration, across the United States, there were over 400,000 accidents involving instances of distracted driving.
Reckless Driving
New Orleans and the state of Louisiana define reckless driving as driving in a criminally negligent or reckless manner. A reckless driving conviction could lead to hundreds of dollars in fines or up to 90 days of imprisonment or suspension of your license. Reckless driving could also come with civil penalties when your reckless negligence causes property damage or injury to other drivers and pedestrians.
Common Car Accident Injuries
Working with an experienced car accident attorney can help you build a claim in the event of an injury. The Louisiana Civil Court System could award you economic and non-economic damages as a result of your injuries in the form of compensation. Here are some common injuries you could suffer due to your car accident:
Whiplash
One of the most common injuries in a car accident occurs when your muscles or ligaments strain due to the sudden movements of your brought body caused in an accident. Whiplash usually causes tears in the muscles of your neck, back, and limbs. Whiplash injuries can cause lots of suffering and often need time for a full recovery.
Cuts and Abrasions
Accidents happen as a result of the impact of one vehicle smashing into another. These impacts can send pieces of the vehicles flying all over the place which can cause scrapes, cuts, lacerations, and abrasions. Some of these cuts may require operations to heal, become infected, and get worse. Bruises may seem like a minor injury compared to others, but when these injuries occur as a result of a negligent driver, then your car accident lawyer can help you to recover compensation for your pain and suffering.
Head Trauma
According to the National Institute of Health, Traumatic Brain Injuries (TBI) hospitalize over 230,000 U.S. citizens each year. A blow to the head, as a result of a car accident, could hinder normal brain functioning. TBIs can vary from mild to severe causing symptoms like headaches, inability to sleep, memory loss, even unconsciousness. Brain trauma isn’t always easily distinguishable and treating your brain injuries may require special and expensive treatment modalities.
Broken Bones
Bones can be fragile, especially in youth and the elderly, and the impact of a car accident could fracture or break those bones. Car accidents can jerk your body backward and forward leading to injuries that limit your ability for a long time. Broken bones can make returning to your job very difficult. Having an attorney that helps you recover compensation for your time lost from work will be essential to making a full recovery by giving your body the rest and support that it needs.
Internal Bleeding
Injuries that damage the outside of your body are easy to see but an internal injury is harder to diagnose and a car accident could result in bleeding within the body. If internal bleeding isn’t treated properly it could lead to worse complications. If you’re involved in an accident, it’s important to seek medical attention as soon as you can, because doing so could save your life or the lives of your other passengers.
Spinal Injuries
The spine connects your entire body and a herniated disc or the shifting of your spinal column can cause great pain. Rupturing your vertebrae could cause pinched nerves which are also very painful. This painful could make simple tasks like walking, moving, and caring for yourself almost impossible.
Psychological Damage
Being involved in a car accident is a traumatic experience, especially if you suffer a major injury, or a passenger dies. These psychological burdens could lead to Post-Traumatic Stress Disorder resulting in night terrors, depression, and affect your quality of life. Guilt, flashbacks, and other instances of mental distress could cause major complications in your everyday life. An adept attorney can support you in seeking damages for mental health counseling necessary for you to make a physical and mental recovery in your accident.
New Orleans Car Accident FAQ
The information provided by answering the following questions may prove useful in a New Orleans car accident case:
What do I need to prove to make a successful negligence claim?
To prove your negligent claim in your car accident, you must prove that the other party operated in a way that breached their duty to you by not appropriately conducting their vehicle. In doing so the other driver caused the accident which caused the damages that you are seeking.
My injuries don’t seem serious, should I still see a doctor?
If you've been involved in an accident, your body releases a chemical into your bloodstream called adrenaline. Adrenaline can help you respond faster to the hazards that you face and also numb your ability to feel pain. Seeking medical care as your adrenaline begins to subside will ensure that your injuries are properly diagnosed and treated. If you elect not to see a doctor, then it will be harder for your legal team to recover damages for medical expenses in your case.
What damages can I seek in my car accident case?
If the court finds the other party guilty of negligence, then you can seek the following damages:
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Medical expenses
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Lost wages
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Property damage
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Pain and Suffering
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Punitive damages
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General damages
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Wrongful death
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Survival action
What is the statute of limitations in a New Orleans Car Accident Claim?
Louisiana law stipulates that a personal injury claim needs to be made within one year of the date of the accident. If the motorist is uninsured then state law allows for two years to file a claim.
What does to be an “At-Fault State?”
According to the Louisiana law, the insurance company of the party found to be responsible for the accident is also held legally responsible for covering the victim’s damages. When there is a dispute about who is at fault, then it may be up to your insurance company to handle the damages.
Will the at-fault driver’s insurance pay for my car repairs or replacement?
If the other party is negligent, then their insurance company should pay to repair, or replace your vehicle. In the event of a total loss, then the insurance company should pay fair market value for your vehicle. Working with an adept professional attorney could increase your chances of getting all the compensation that you’re entitled to from insurance companies.
Will an insurance company deny my claim?
Insurance companies often prolong and deny claims to avoid paying out settlements and damages. Whether your claim will be denied depends on the details of your case but consulting with the right New Orleans car accident attorney with experience combatting insurance companies can only help your chances.
What happens if I’m in a no-fault accident but I don’t have insurance?
If you don’t have insurance at the time of your accident, then the first $15,000 of your claim will be excluded. However, the following exceptions could apply:
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Driving under the influence
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Hit and run accidents
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Accidents that occur during a felonious crime
What happens if I’m in an accident with an uninsured driver?
Most insurance companies offer uninsured motorists insurance. Louisiana requires insurance companies to offer uninsured motorist coverage unless it’s denied in writing. Your uninsured motorist coverage will cover whatever the negligent party is unable to cover, dependent on what damages you’re entitled to, based on the compensatory limitations of your coverage. Consult with a car accident lawyer right away if you have any questions about the details of your insurance coverage.
Should I settle my car accident case?
Most car accident cases are settled out of court however, whether or not you should settle depend on the details of your case. The maximum compensation you’re allowed to receive will be based on the negligent party’s assets and limitations of the insurance coverage.
Being represented by a reputable attorney will play a major role in the compensation you’re eligible to receive. Research supports that having a lawyer represent your New Orleans car accident case could play a major role in the compensation you receive. Representing yourself is an option but insurance teams have tried many cases, have loads of experiences, and resources to pay out the least amount possible. Hiring a professional attorney could even the playing field.
Auto Accident Attorney In New Orleans
If you’ve been injured in an auto accident, Guest Law Firm can help. We have served clients throughout the Greater New Orleans area, Jefferson Parish, the River Parishes, Northshore and Baton Rouge for more than three decades. We have represented clients in Orleans Parish, Gentilly, New Orleans East, Metairie, Kenner, LaPlace, Destrehan, Boutte, Hammond, Slidell, Covington, Mandeville, Marrero, Harvey, Gretna, and Algiers. We will go far for our clients - let us represent you! If you have been hurt or disabled due to the fault of someone else, you may have compensation owed to you. We will be happy to consult with you and explain your legal recourse under the law. Ask for a FREE consultation on injury cases, or submit your information using the Free Case Evaluation form.
Our clients for injury cases are not charged any fees or costs until we get you the settlement you deserve. In order to be properly compensated for your injury, it is important to seek timely medical treatment and obtain a complete diagnosis of your injuries. We handle claims from automobile accidents, trucking accidents, and motorcycle accidents. If you have been injured by someone’s negligence, you may be entitled to receive money damages for pain and suffering, medical bills and lost income. Contact us for a FREE evaluation.