If you were injured in an auto accident caused by someone else, you should not have to bear the financial burden of your injuries. A Baton Rouge auto accident attorney can assist you in getting the compensation you deserve from the at-fault party. Seek legal counsel to ensure that your case is settled efficiently and fairly.
Car crashes can have a damaging and long-term effect on those involved. To ensure that you can protect your rights, it is important to be aware of vehicle mishaps and the roles of a Baton Rouge car accident attorney.
Car crashes are a major problem in the US, with studies showing that 83% of preventable deaths happen due to poisoning, falls, and motor vehicle crashes. Unsurprisingly, Baton Rouge is no exception to this rule. Furthermore, these unfortunate collisions often lead to injury claims from those harmed by them. Such injury claims can be filed in an effort to receive compensation for medical bills or other damages sustained due to the accident.
Louisiana follows the at-fault concept when it comes to compensating car accident victims. This means that if someone is responsible for causing harm, they can be held accountable and will have to pay compensation to the injured party. As a result, a car accident victim has the right to make an injury claim. Navigating the process of obtaining a financial settlement for an injury sustained in an accident can be difficult and challenging.
In order to get the best compensation possible for an accident insurance claim or a personal injury lawsuit, you must take the right steps and overcome any hurdles. That’s where specialist injury accident lawyers come in handy. By partnering with an accident law firm, you have a better chance of getting the desired outcome. At Wright & Gray, we are here to help you understand your rights and what compensation you could potentially be entitled to after an accident. Get in touch as soon as possible so we can advise you on the best way forward.
Don’t take chances with your claim. Give our attorneys a call as soon as you can to get your claim handled with the attention you deserve.
Baton Rouge Car Accident Guide
- What Causes Motor Vehicle Accidents?
- What Are the Most Common Types of Car Accidents?
- What Types of Injuries Can You Sustain in a Car Accident?
- Connect with a Baton Rouge Car Accident Attorney
- What Step Should You Take After a Car Accident?
- Contact an Auto Accident Attorney Today
- How Do You Prove Fault in Car Accident Cases?
- What Is the Statute of Limitations for Car Accident Cases?
- What Happens If I’m Partly at Fault for an Accident?
What Causes Motor Vehicle Accidents?
Last year in Louisiana, there were 681 fatal car crashes resulting in 727 fatalities. The main causes of these accidents are often attributed to careless behavior and a disregard for other drivers road users. Below we present some of the most common factors behind vehicle collisions in Baton Rouge.
Driving Under the Influence
On average, 29 individuals in the United States are killed every day due to drunk driving. Louisiana’s legal intoxication limit is 0.08% blood alcohol concentration or higher. In the unfortunate event of a drunk driver causing an auto accident, they will likely be subject to both criminal and civil proceedings.
On a daily basis, the US suffers from an appalling 8 fatalities in car accidents caused by distracted drivers – those behind the wheel who divert their attention away from navigating. As reported by the Centers for Disease Control and Prevention (CDC). To stay safe while driving, it’s essential to avoid distractions which can be manual, visual, or cognitive. A few seconds of distraction can lead to a fatal accident – so it’s always recommended to keep your mind and eyes on the road.
Obeying the speed limit is an essential part of any driver’s responsibility. Unfortunately, a lot of drivers fail to adhere to these regulations, disregarding the risks associated with exceeding them. Excessive speeding can be especially dangerous as it reduces a driver’s response time significantly. Speeding drivers are less likely to stop in time to prevent a collision, which unfortunately often leads to fatal accidents. It is important for us all to be mindful of the speed limit and drive responsibly.
Inclement weather in Baton Rouge can make driving treacherous. Heavy rain or fog can reduce a driver’s visibility and traction on the roads, leading to motor vehicle collisions. As such, it’s safer to avoid driving under such conditions whenever possible.
Other known causes of car accidents are:
- Running red lights and stops signs
- Bad roads
- Aggressive driving
- Reckless driving
- Drowsy driving
- Road rage
What Are the Most Common Types of Car Accidents?
Car collisions come in a variety of shapes and sizes, depending on the position and angle of the two vehicles involved. The most frequent types are rear-end collisions, head-on collisions, sideswipe crashes, T-bone accidents and multi-car pileups.
- Head-on collisions
- Rear-end collisions
- Side-swipe accidents
- Rollover accidents
- T-bone collisions
Single-vehicle collisions occur when only one car is involved in an accident. The driver will have to take sole responsibility for any property damage or personal injury that happens as a result of the crash, since they are responsible for their own careless actions. Thus, injured persons can pay for medical costs with their health insurance or auto policy protection. In the event of an accident with multiple drivers, the victim can file a claim or launch a lawsuit to seek financial retribution.
What Types of Injuries Can You Sustain in a Car Accident?
Automobile incidents, regardless of type, can lead to physical pain and suffering. Injuries may range from slight to life-threatening. Moreover, the worth of your recompense depends on the kind of wound you have sustained. Some of the most common types of injuries that can result from car accidents include whiplash, broken bones, head trauma, lacerations and internal bleeding.
- Traumatic brain injuries
- Broken bones/fractures
- Spinal cord injuries
- Head injuries
- Back and neck injuries
- Internal injuries
- Sprains and strains
- Cuts and lacerations
- Soft tissue injuries
Connect with a Baton Rouge Car Accident Attorney
Here at Wright & Gray, our goal is to ensure each and every client has the financial settlement that’s necessary for them to heal recover after a traumatic accident. No matter if you’re injured or in mourning, we want to help you get back on your feet. We offer free consultations to give you an opportunity to assess if we can help you settle your case before signing any paperwork.
What Step Should You Take After a Car Accident?
It is essential to understand the importance of each step after an auto accident if you wish to stand a chance of winning your personal injury claim. Our experienced auto accident attorneys have put together this advice for you to follow after a traffic incident:
Make a Report
Regardless of the role you played in an accident, it is against the law to leave the scene without making a report. Hit-and-run is a criminal offence and must be avoided at all costs. It is best to remain at the scene and provide necessary details to the law enforcement officers.
Get Medical Treatment
If you experienced any kind of trauma in the wake of an accident, immediate and proper medical attention is essential. Paramedics are usually the ones to transport accident victims with severe injuries to the nearest hospital for treatment. Unfortunately, many individuals suffering from small injuries avoid visiting the hospital for treatment. Therefore, it is advised to have a full medical examination even if you feel perfectly healthy.
You might be dealing with internal injuries that you’re not aware of, so it is essential to have yourself checked. It could even save your life! Moreover, medical reports are significant pieces of evidence when making an injury claim. They document the extent of the injury and provide an overview of any medical expenses incurred during treatment.
Collecting evidence is a crucial part of the accident claim process. Taking pictures, requesting video footage, and obtaining witness statements can help build a case for the accident. People who have been severely injured may not be able to do these tasks themselves, so it’s important to get help with this process. You can also ask for a copy of the police report to gain access to some of the evidence necessary to back up your case.
Contact an Auto Accident Attorney Today
In the case of personal injury claims, the expertise of an experienced attorney is invaluable. Acting quickly and consulting with an attorney can make a significant difference to the success of your claim. If you fail to do so, you could find yourself in lengthy negotiations with the other party’s insurer without any legal back up. It is crucial to make sure that you get in touch with a reliable personal injury law firm and hire an experienced lawyer right after the accident takes place.
What Damages Can I Collect for a Car Accident?
Louisiana law provides for two kinds of compensatory damages and punitive damages if you’re injured in a car accident caused by someone else. These compensatory damages cover financial losses such as injuries, suffering, and property loss.
This payment is meant to cover any tangible financial losses incurred as a result of the accident. You may be able to get a full reimbursement for the money you spent on related fees if you can provide proof of purchase. These are considered economic damages, and some examples include:
- Medical expenses (past, present, and future)
- Loss of income
- Vehicle repairs/property damage
- Out-of-pocket expenses, etc.
When a wrongful death claim is filed by the legal survivors, not only will they be re-compensated for the losses mentioned above, but also for funeral and burial costs incurred due to their loved one’s death.
Non-economic damages don’t have a fixed dollar value, making it difficult to estimate what an individual should receive for their losses. To make the process easier, insurance companies often use the multiplier method when calculating compensation. Regardless, victims can expect to get compensation for:
- Emotional distress/anguish
- Loss of consortium
- Pain and suffering
- Loss of enjoyment of life
- Loss of companionship
- Punitive Damages
Punitive damages are awarded by courts in cases of personal injury where the liable party acted with gross negligence. This is not a form of compensation, but instead serves as a deterrent for the responsible party from engaging in similar behavior in the future. Accident insurance claims do not qualify for punitive damages. Therefore, it can be viewed as a form of retribution.
How Do You Prove Fault in Car Accident Cases?
Automobile accident claims are usually civil matters, meaning you will have to prove your innocence. To do this, you must demonstrate that: you were not at fault for the accident and had no role in causing it. The principle of “he who asserts must prove” applies here – so make sure you have the necessary evidence to back up your claims:
- The negligent driver owed you a duty of care
- The driver breached the duty of care by engaging in a negligent act
- The breach caused an injury
- You suffered damages as a result of the injury
- Is It Worth Getting a Lawyer for Minor Car Accidents?
Most people overlook the importance of consulting a personal injury lawyer in minor car crash cases. For instance, many people think legal help is unnecessary after a minor fender bender. However, we recommend that accident victims seek the advice of an attorney to ensure that all their interests are represented and protected.
Consulting a seasoned auto accident lawyer is key to obtaining the complete compensation you deserve. Your losses may potentially be greater than you initially assumed and only a lawyer with experience can accurately assess your case. They ask pertinent questions and offer the most appropriate legal recommendation to maximize the value of your claim. It is always wise to consult a Baton Rouge personal injury lawyer after minor car crashes as it increases the chances of gaining fair compensation from the at-fault party.
What Is the Statute of Limitations for Car Accident Cases?
Statute of Limitations sets a limit on how long a person has to file legal claims. If you fail to comply with this timeline, it is very likely that the court would not entertain your case. Therefore, it is important to stay well within the stipulated time frame for filing any lawsuit. Louisiana Statute of Limitations sets the time frame in which one can make a personal injury or wrongful death lawsuit arising from automobile accidents. It is important to note this regulation in order to protect your legal rights.
As per Louisiana Civil Code Article 3492, all legal proceedings for car accidents must be started within a year’s time from the actual occurrence of the incident. You only have one year to take legal action, this period starts from the day of the accident. It usually kicks in on the day of passing for wrongful death cases. Negotiating with insurance companies can be time consuming so it’s important to act quickly since a year passes swiftly.
Insurance providers are well-aware of the specific laws and usually use tactics to make sure you negotiate with them. If the allotted time passes and you haven’t accepted the offered money, then you are essentially blocked from filing a lawsuit against them. Beware of those who try to take advantage of you and deny you a just and fair settlement. To ensure that this does not happen, it is best to get in touch with an experienced personal injury law firm, so that your claim is handled professionally.
What Happens If I’m Partly at Fault for an Accident?
In cases where two or more parties are at fault for an accident, contributory negligence or comparative negligence laws apply. According to the former law, if the victim is even slightly negligent in any way, they may not receive compensation. The amount of compensation the victim receives would be determined by the percentage of fault they bear in the matter.
In Louisiana, the concept of pure comparative negligence applies – meaning that if you were partly responsible for your injury, any compensation received would be reduced by the amount equal to your fault percentage. For example, if you are 20% at fault and awarded $100,000 in court compensation, then you’d get $80,000 instead. The amount you’d get to take home from your earnings is $80,000, instead of the complete hundred. This demonstrates that the pure comparative fault rule is more forgiving than the contributory negligence law.