Shreveport Car Accident Lawyer
Motor vehicle collisions stand as one of the biggest threats to American lives, claiming thousands of victims annually. In 2022 alone, over 42,000 Americans lost their lives in car accidents, with 883 of these tragic fatalities occurring in Louisiana, according to data from the National Highway Traffic Safety Administration. While some accidents may be unavoidable or without clear fault, negligence frequently factors into these devastating incidents. Victims of such negligence deserve the opportunity to pursue justice and fair compensation through personal injury lawsuits when circumstances warrant legal action.
At Rice & Kendig, our team of Shreveport personal injury attorneys recognizes the immense physical, emotional, and financial toll that auto accidents can exact on victims and their families. We are here to offer top notch legal representation, support, and guidance, and stand ready to advocate for your rights and help you achieve a complete recovery. If you have suffered a car accident injury due to a negligent driver, call 318-222-2772 today to schedule a free consultation with a compassionate and experienced Shreveport car accident lawyer.
Common Types of Car Accidents
Common types of car accidents that occur on Louisiana roads include:
- Rollover accidents: These occur when a vehicle flips onto its side or roof, often resulting in severe injuries or fatalities.
- T-bone accidents: Also known as side-impact collisions, these occur when the front of one vehicle strikes the side of another, typically at intersections. They can cause serious injuries, especially to occupants on the impacted side. It can be difficult to determine who is at fault in a Louisiana t-bone vehicle crash, which is why it’s so important to consult with a Shreveport auto accident lawyer at Rice & Kendig.
- Rear-end accidents: Rear-end collisions on Louisiana roads occur when one vehicle crashes into the back of another, often due to tailgating or distracted driving. Whiplash and other neck injuries are common in these collisions.
- Head-on accidents: Considered among the most serious, head-on collisions happen when two vehicles collide front-to-front. They often result in catastrophic injuries or fatalities.
- Sideswipe accidents: These occur when the sides of two vehicles make contact while traveling in the same direction, often due to improper lane changes or merging.
- Multi-vehicle pileups: These complex accidents involve three or more vehicles and can result in a chain reaction of collisions, often on highways or during adverse weather conditions. They can lead to extensive property damage and severe injuries for multiple parties involved.
Common Car Accident Injuries
Car accidents can result in a myriad of injuries, ranging from minor to life-threatening. Common car accident injuries that we frequently see in personal injury cases include:
- Whiplash: Neck strain due to sudden jerking motion, often resulting from rear-end collisions.
- Broken bones: Fractures of various bones, such as arms, legs, ribs, and pelvis, due to impact or crushing forces.
- Traumatic brain injury (TBI): Head trauma ranging from concussions to severe brain damage, often caused by direct blows or violent shaking. Shreveport brain injury lawyers can make sure responsible parties or insurance adjusters pay compensation to the brain injury victim.
- Spinal cord injuries: Damage to the spinal cord, leading to paralysis or loss of sensation, commonly occurring in high-impact collisions. If you have suffered a spine injury or paralysis due to a negligent driver, you may have grounds to file a legal claim, and Shreveport spine injury attorneys can help.
- Internal organ damage: Injuries to internal organs, such as the liver, spleen, or lungs, due to blunt force trauma.
- Soft tissue injuries: Damage to muscles, ligaments, and tendons, resulting in strains, sprains, and bruising. Soft tissue injuries after Louisiana car crashes often lead to long-term pain and suffering. Allow a Shreveport car accident attorney to fight for your justice and help you make a full physical and financial recovery.
- Lacerations and abrasions: Cuts and scrapes caused by broken glass, flying debris, or contact with hard surfaces.
- Psychological trauma: Emotional distress, anxiety, and post-traumatic stress disorder (PTSD) stemming from the accident’s aftermath.
These personal injuries can have long-lasting physical, emotional, and financial implications for victims and their families, highlighting the importance of seeking immediate medical attention and legal assistance after you have sustained injuries in a car accident.
Determining Liability in a Car Accident Claim
Determining fault is a critical aspect of any car accident case. In Louisiana, fault is typically established based on negligence, which involves proving that the at-fault party failed to exercise reasonable care, leading to the accident.
At-Fault States vs. No Fault States
In the realm of car insurance and seeking compensation after an accident, there are two primary systems: at-fault states and no-fault states.
In at-fault states, the driver responsible for causing the accident is liable for covering the damages incurred by the other party/parties involved. This means that victims of car accidents can pursue compensation directly from the at-fault driver’s insurance company or through a personal injury claim.
Conversely, in no-fault states, each party’s insurance policy covers their own medical expenses and other losses, regardless of who caused the accident. While this system aims to streamline the claims process and reduce litigation, it may limit the ability of accident victims to seek compensation for non-economic damages such as pain and suffering.
Is Louisiana an At- Fault State?
Yes, Louisiana operates under an at-fault system when it comes to seeking compensation through car insurance after an accident. In an at-fault state like Louisiana, the driver found to be responsible for causing the car wreck is held financially accountable for the resulting damages. This means that injured parties can pursue compensation directly from the at-fault driver’s insurance company or through a personal injury lawsuit.
Louisiana’s adherence to the at-fault system allows auto accident victims to seek reimbursement for medical expenses, lost wages, property damage, and other losses incurred as a result of the accident. Understanding Louisiana’s at-fault insurance laws is essential for individuals involved in car accidents to navigate the claims process effectively and ensure they receive fair compensation for their injuries and losses.
Pure Comparative Negligence in Louisiana
In Louisiana, the legal principle of pure comparative negligence governs the allocation of fault and compensation in car accident claims. Pure comparative negligence allows for the assignment of fault based on the degree of negligence exhibited by each party involved in the accident. Under this system, even if a claimant is partially responsible for causing the accident, they may still be entitled to seek compensation for their injuries and losses. However, the amount of compensation awarded is reduced in proportion to the claimant’s degree of fault.
For example, if a driver is found to be 20% at fault for an accident and suffers $10,000 in damages, their compensation would be reduced by 20% to $8,000. Pure comparative negligence ensures that fault is fairly distributed among all parties involved, enabling injured individuals to recover damages even if they bear some responsibility for the accident.
Car Insurance Considerations After an Accident
After a car crash in Louisiana, navigating the complexities of car insurance is crucial, as it can significantly impact the outcome of a claim. Understanding Louisiana auto insurance laws and regulations is essential, as they dictate the coverage requirements, the insurance claims process, and potential limitations, particularly regarding uninsured or underinsured motorists.
Louisiana Car Insurance Requirements
Louisiana law mandates drivers to maintain minimum liability insurance coverage, often referred to as “15/30/25” coverage. This means that drivers must carry at least:
- $15,000 bodily injury liability coverage per person injured in an accident.
- $30,000 bodily injury liability coverage per accident for injuries to more than one person.
- $25,000 property damage liability coverage per accident for damage to others’ property.
Adhering to these minimum coverage requirements is mandatory to comply with Louisiana auto insurance laws and ensure financial responsibility in the event of an accident.
Louisiana No Pay, No Play Law
In Louisiana, the “No Pay, No Play” law (RS 32:866) is a statute that restricts uninsured drivers’ ability to recover certain damages in car accident claims. Under this law, if an uninsured driver is involved in an accident and is found to be at fault, they may be barred from collecting the first $25,000 in property damage and the first $15,000 in bodily injury damages, unless certain exceptions apply. This means that uninsured drivers who cause accidents may face significant limitations in seeking compensation for their own losses, regardless of the severity of their injuries or damages. The “No Pay, No Play” law serves as an incentive for drivers to maintain adequate insurance coverage, as failing to do so can have significant consequences in the event of an accident.
How to Recover Compensation if an Uninsured Driver Hits You in Louisiana
If you’ve been involved in an auto accident with an uninsured driver in Louisiana, recovering compensation may still be possible through alternative avenues. If you have an additional uninsured/underinsured motorist (UM/UIM) insurance policy, you may be able to seek compensation for your damages through that coverage. UM/UIM coverage can help fill the gap left by the uninsured driver’s lack of insurance, allowing you to recover the majority of your losses.
However, if you do not have UM/UIM coverage, or if filing an insurance claim is not enough to cover all your damages, you may have grounds to file a personal injury lawsuit against the responsible party. By pursuing legal action, you can seek compensation for medical expenses, lost wages, property damage, and other losses resulting from the accident. Consulting with a Shreveport uninsured driver accident attorney at Rice & Kendig can provide invaluable guidance and assistance in navigating the complexities of your case, helping you pursue the compensation you rightfully deserve whether it be through your insurance provider or through a lawsuit.
When Can You Sue an At-Fault Driver in Louisiana?
In Louisiana, you have the right to sue an at-fault driver if their negligent actions led to the motor vehicle accident. Negligence can manifest in various forms of reckless or careless driving behaviors, each of which can significantly increase the risk of accidents. Common examples of negligent driving behaviors include:
- Drunk driving: Operating a vehicle under the influence of alcohol or drugs, impairing judgment, coordination, and reaction times. If you suspect that a drunk driver is to blame for your car accident injury, be sure to consult with a Shreveport drunk driving accident lawyer at Rice & Kendig.
- Distracted driving: Engaging in activities that divert attention from the road, such as texting, talking on the phone, or adjusting electronic devices. Distracted driving is a leading cause of death especially among younger drivers. Shreveport distracted driving accident attorneys can help victims and their families seek justice for their suffering.
- Fatigued driving: Driving while excessively tired or drowsy, impairing alertness and reaction times similar to alcohol impairment.
- Speeding: Speed is a major factor in motor vehicle injuries because it increases the likelihood of losing control and it increases the force of impact during a collision.
- Reckless driving: Engaging in aggressive or erratic driving behaviors, such as weaving through traffic, tailgating, or street racing.
- Hit and run: Leaving the scene of an accident without speaking to authorities first and/or without exchanging contact information with the crash victim.
- Violating traffic laws: Ignoring traffic signals, failing to yield the right of way, or making illegal turns, increasing the risk of collisions and endangering others on the road.
If you’ve been injured in a car accident due to a negligent driver, you may have grounds to pursue a personal injury lawsuit to seek compensation for your injuries, damages, and other losses. A Shreveport car accident lawyer can carefully examine the details of your case and help you determine if the defendant acted negligently enough to file a car crash claim.
Car Accident Damages in a Personal Injury Lawsuit
If you’re wondering: what damages can I recover after a Louisiana car wreck? The answer is, it depends on the exact types of losses you have suffered after your automobile accident. Typically, accident victims can recover both economic and non-economic losses incurred as a result of the accident. Economic damages are tangible, quantifiable losses such as medical expenses and lost wages, while non-economic damages are more subjective and cover intangible losses like pain and suffering. With the assistance of an experienced Shreveport car accident attorney, you can accurately assess the full extent of your damages and pursue appropriate financial compensation to aid in your recovery.
Economic Damages
- Medical costs: Including hospital bills, doctor’s visits, surgeries, medications, and physical therapy.
- Lost wages: Compensation for income lost due to the inability to work as a result of accident-related physical injuries.
- Future medical expenses: Anticipated costs for ongoing treatment, rehabilitation, and medical care.
- Lost earning capacity: Compensation for the reduced ability to earn income in the future due to accident-related disabilities or limitations.
- Funeral and burial expenses: In the event of a fatal crash, surviving family members may be able to recover a variety of different damages in a wrongful death claim to compensate for their lost loved one. For more information on how to file a wrongful death lawsuit and what types of damages you may be eligible for, be sure to contact a Shreveport wrongful death attorney at Rice & Kendig.
Non-Economic Damages
- Pain and suffering: Compensation for physical discomfort, emotional distress, and mental anguish resulting from the accident.
- Loss of enjoyment of life: Compensation for the diminished ability to participate in activities and hobbies enjoyed before the accident.
- Loss of consortium: Compensation for the negative impact of the injuries on the victim’s relationship with their spouse or family members.
- Emotional trauma: Compensation for psychological distress, anxiety, and trauma experienced as a result of the accident and its aftermath.
An experienced car accident lawyer at Rice & Kendig can help you recover all of these damages and more following your auto accident.
How Long Does it Take to Get a Car Accident Settlement?
The timeline for receiving a car accident settlement can vary widely depending on numerous factors. These include the severity and complexity of the accident, the extent of injuries sustained, and whether or not litigation becomes necessary. Additionally, the negotiation process with insurance companies can sometimes be drawn out, further delaying the settlement. While some cases may be resolved relatively quickly through negotiations, others may require more time, particularly if litigation is involved.
However, as a general guideline, accident victims can typically expect to receive their car accident settlement within 9 months to a year after the accident occurred. Working with an experienced Shreveport car accident lawyer can help expedite the process and ensure that victims receive fair compensation for their injuries and losses in a timely manner.
Statute of Limitations for Louisiana Car Accident Claims
In Louisiana, there is a statute of limitations that imposes a deadline on filing car accident claims. Typically, the statute of limitations for car accident claims is one year from the accident date. This means that accident victims have a limited window of time to initiate legal action and pursue compensation for their injuries and damages. Failing to file a personal injury claim within this timeframe can result in the forfeiture of the right to seek compensation. It’s essential for individuals involved in car accidents to be aware of this deadline and take prompt action to protect their rights. Consulting with a knowledgeable Shreveport personal injury attorney as soon as possible after an accident can help ensure that all necessary legal steps are taken within the statute of limitations, maximizing the chances of a successful outcome in the case.
Why You Need Our Shreveport Car Accident Lawyers on Your Side
When facing the aftermath of a car accident in North Louisiana, having the support and expertise of an experienced Shreveport car accident lawyer at Rice & Kendig can make all the difference in your recovery process. Here’s why you need us on your side:
- Experience: Our attorneys possess extensive experience in handling car accident cases, from negotiating with insurance companies to litigating in court.
- Legal Knowledge: We have a comprehensive understanding of Louisiana’s car accident laws and regulations, ensuring that your car accident claim is handled with precision and expertise.
- Resources: Our law firm has access to a wide range of resources, including expert witnesses and accident reconstruction specialists, to strengthen your case and maximize your chances of success.
- Advocacy: Our Shreveport personal injury lawyers are committed to advocating fiercely for your rights and best interests, ensuring that you receive the full and fair compensation you deserve for your injuries and losses.
- Compassion: We understand the physical, emotional, and financial toll that a car accident can take on you and your family. With compassion and empathy, we provide personalized attention and support every step of the way.
- Results: Our track record of successful outcomes speaks for itself. Our Shreveport car accident lawyers have helped numerous clients recover significant settlements and verdicts for their car accident claims, providing them with the financial security they need to move forward with their lives.
When you choose Rice & Kendig, you can trust that you are in capable hands. Don’t face the challenges of a car accident alone—let our dedicated team of Shreveport car accident lawyers fight for the justice and maximum compensation you deserve.
Call Shreveport Car Accident Attorneys at Rice & Kendig Today
If you’ve been injured in a car wreck in Shreveport, don’t wait to seek the legal help you need. The experienced car accident attorneys at Rice & Kendig are here to provide you with the guidance, support, and advocacy you deserve. Whether you’re dealing with mounting medical bills, lost wages, or emotional distress, our legal team is prepared to fight tirelessly on your behalf to secure the compensation you need to rebuild your life. With our knowledge of Louisiana’s car accident laws and our dedication to achieving favorable outcomes for our clients, you can trust that your case is in capable hands. Call Shreveport’s top personal injury law firm today at 318-222-2772 to schedule a free consultation and take the first step toward the justice and compensation you deserve.