Have You Been in an Auto Accident In New Orleans?
There is no reason to go through this alone. Cueria Law Firm, LLC has assisted hundreds of accident victims in the City of New Orleans. We have the knowledge and resources to thoroughly investigate any accident, and will begin working on your case right away. Let us begin to fight for your rights today.
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Were You The Victim in an Auto Accident In New Orleans?
Frequently Asked Questions
How Much Does a New Orleans Auto Accident Attorney Cost?
You only pay if we win. If we don’t get you financial recovery, we don’t get paid.
Is There a Deadline for Filing an Auto Accident Case?
Yes. Personal injury cases have various deadlines called the Statute of Limitations (SOL).
How Do I Know if I Need to Hire an Auto Accident Attorney?
If you have been in an accident that wasn’t your fault, it is good to have an attorney help protect your rights.
Do I Have to Go to Court for My Auto Accident?
In many cases, the answer is no. Our law firm gathers the facts and builds the evidence for your injury case.
Car Accidents Happen Every Day in Louisiana
Car accidents take place regularly in New Orleans, and no two accidents are the same. There are many reasons that an accident can occur, from a distracted driver to the roadways being unsafe. Many car accidents are preventable if drivers exhibit proper caution and care while driving. Unfortunately, not everyone is a diligent driver, and accidents will occur, leading to damages, injury, and sometimes death.
Below are a few common causes of New Orleans automobile accidents:
Any vehicle on the roadway should be maintained as required. From oil changes to brake servicing, cars and trucks need regular maintenance to ensure proper operation. When a vehicle is not maintained correctly, it can lead to danger as crashes will occur.
We rely on the Louisiana government to keep our local New Orleans roadways safe. In some cases, unmaintained roads can lead to accidents. Such instances as missing traffic signs, potholes, and limited visibility on the roadway can lead to a car crash.
When an impaired driver is on the roadways, it can only end in disaster. Drivers who have been drinking have little to no cognitive function, which leads to slower reaction times. The driver can crash their vehicle into someone else or place themselves in danger by running off the roadway or into oncoming traffic.
Another big issue today is distracted drivers. From texting to social media, drivers are using their mobile phones more while driving. Drivers that mess with the radio while driving can cause an accident. Drivers should always remain focused on the roadway to avoid becoming distracted and being in a crash.
Teenagers are just learning the rules of the road and how to navigate driving an automobile. This inexperience is another cause of many accidents on the road.
Many drivers will go well above the speed limit. They may drive anywhere from 10 miles to 30 miles over the posted limit. Speeding can cause a severe or fatal crash as the faster you are driving, the slower your time of reacting to conditions ahead of you will be.
Driving too close to the person in front of you is also a big issue that causes car accidents. You must leave enough rough between you and the car in front of you to allow a proper stop if something happens.
5 Mistakes To Avoid After a Car Accident
Giving a Recorded Statement to the Insurance Company
The first mistake you can make after an accident is agreeing to give a recorded statement to your insurance company or the other driver’s insurance company. You must first consult with a New Orleans auto accident attorney as an insurance representative will be skilled in manipulating what you say and what you can hurt your case. Many drivers have no idea that what they are saying is going to destroy their case before it even gets started. If you have not been through this process before, or are unsure of what to do, speak with a Louisiana car accident attorney first. Your attorney will be able to help you determine if you should give a statement and will be with you to ensure that you are treated fairly.
Delaying Treatment for Medical Needs
A second commonly made mistake that is delaying treatment for medical needs. Some insurance companies will promise to help you, and many accident victims think that this means that the company will help with medical treatment. Insurance companies are not prepared to help anyone who is injured with medical treatment. A gap in treatment will hurt your case, and insurance companies know this. To avoid this issue, be sure to have treatment completed as soon as possible. Never wait for your insurance company to tell you when to go for treatment as they never will.
Seeing Only Doctors Recommended by An Insurance Company
Another commonly seen issue is that an accident victim is told to see company doctors by insurance companies. An insurance company may imply that you can only see the doctors they recommend. This is not true. You can see your doctors or whoever you like. If you see only their doctors, it can hurt your case. An insurance company will steer you towards a doctor that they want you to see, and they will pay for their services. The doctors know how they are being paid and may be biased based on who is providing them with compensation.
Avoid this mistake by seeing the doctors you want to see and who you trust. Tell the doctor how you are feeling, what is hurting, and what happened so you can receive a proper diagnosis.
Not Telling the Truth
Accident victims should always tell the truth during their case. There will be opportunities to lie, but you should never stretch the truth as it could hurt your case. Even a small misrepresentation can hurt your case and lessen your credibility. To avoid this issue, be sure to tell the truth when talking to your doctor, personal injury lawyer, the insurance company, etc.
Settling Your Case Without Talking to a Personal Injury Attorney
Another mistake is an accident victim will settle without speaking to a New Orleans personal injury attorney. An insurance company will hope that you do this without seeking representation from legal counsel. This makes their job more difficult as lawyers are more well-versed on the rights of the car accident victim. Insurance companies will work fast to try and see your settle your case for a low value within days of the incident. The insurance company will make you believe they are on your side, but they are not. They want the case to be settled, so they are not out too much money, and litigation does not begin.
Auto Accident Guide
"Your Guide to Auto Accidents in Louisiana"
Do you have questions about property damage, who will pay your medical bills, and how much compensation you will get from your auto accident?
This guide will answer some of the most commonly asked questions about Louisiana Car Accidents and is free of charge.
More Commonly Asked Questions:
It is best to have a New Orleans personal injury attorney by your side to try and find out who caused the crash and seek compensation. The police report can be reviewed, witnesses questioned, and perhaps camera footage from the area that can help find the driver who fled the scene. You have the right to seek compensation, especially if you are injured or your vehicle damaged.
When a driver leaves the scene of an accident and is at fault, you lose out on any insurance claim as you do not have access to their insurance information. You will be unable to contact the other driver’s insurance company in the hopes of being compensated for repairs or medical needs. This means you will have to use your insurance or pay out of pocket for any expenses incurred due to the accident.
A hit and run accident can create several issues and involve loss. The injured party should hire an experienced attorney in New Orleans to assist with building a case. An experienced personal injury attorney knows how to handle such accidents and has the resources on hand to be able to provide for medical needs plus find experts to assist in creating the case for a successful outcome.
A car accident is always unsettling, no matter how major or minor. Whether you are the passenger or the driver, you are affected. Passengers are commonly shaken up considerably after an accident as they had no control over the outcome. Car passengers can sustain an injury due to another vehicle driver or the driver of the vehicle they are riding in. When you are an auto passenger that is injured due to another individual’s negligent behavior while driving, you have the right to pursue damage compensation after your New Orleans accident.
In regards to a two-vehicle accident, the injured passenger does not have to prove liability. One of the drivers will most likely be liable. When a one-car accident occurs, the driver is usually responsible unless the accident was unavoidable due to extenuating circumstances. However, it is critical no matter what the cause that you, as the passenger, seek counseling from an experienced Louisiana car accident attorney.
How Do New Orleans Car Accident Passengers Receive Compensation?
Several ways injured New Orleans car passengers can pursue compensation. The avenue in which you seek compensation will be dependent on the circumstances of the accident. Consulting with a New Orleans personal injury lawyer will help to determine the right path to take.
One option is to file a third-party claim against the policy of the owner of the vehicle in which you were riding inside or the driver of the vehicle. A third-party application would be made when you are involved in a one-car crash or if the driver of the vehicle in which you were riding was the reason behind the crash.
Another option is to file a third-party claim against a driver or owner of another vehicle that was involved in the collision. You file this claim if you are involved in an accident, and a driver of another vehicle is at fault.
It is essential that no matter which avenue you pursue, you keep accurate records of what happened. You need to seek medical attention if you were injured in the automobile accident so that your New Orleans car accident attorney can have proof of the injuries you sustained. Accurate record-keeping such as medical reports, police reports, and other insurance paperwork is vital to helping you pursue compensation after you’ve been involved in an auto accident in Louisiana.
When a car accident occurs and one or more parties are injured, a personal injury case can be filed. To win the case, car accident negligence must be proved. Negligence in a New Orleans car accident is when a driver has chosen to not take proper care to ensure safe driving. Being able to prove negligence means that the other driver was not acting in a careful manner when driving. In New Orleans, the driving laws require that every driver on the roadways follow the state driving rules and regulations. If you can prove that the other driver was in violation of state laws then proving driver negligence will be much easier.
Examples of car accident negligence can include such instances as running a stop sign. If you can prove that the other driver ran the stop sign when crashing into you, while you had the right of way, will help to prove negligence within your claim.
In the state of Louisiana, the blood alcohol of an individual driving a motor vehicle must not exceed the legal limit of 0.08%. A person driving in Louisiana, who is found to be driving under the influence of alcohol above 0.08% limit will be considered a drunk driver. The individual will face criminal penalties as they are a risk to others with the potential to cause personal injury or wrongful death while driving. Unfortunately, it is not uncommon for motor vehicle accidents to take place in New Orleans, Louisianna involving drunk drivers. A drunk driving wreck is taken seriously by law enforcement officers and by attorneys who specialize in personal injury cases. An individual who is the victim of a drunk driving accident deserves compensation based on state law. The lawyers at Cueria Law Firm has over 25 years of experience pursuing compensation for their clients who have been the victim of a drunk driving or DUI accident.
Louisiana Drunk Driving Accidents
What makes drunk driving accidents so unfortunate is that they are preventable. Individuals who are responsible for accidents while driving under the influence of alcohol will most likely be arrested for a Driving Under the Influence charge. The drunk driver is liable both criminally and civilly. A conviction of a DUI does not necessarily provide a benefit to the victim. However, victims of a DUI accident in Louisiana can take additional legal action against the perpetrator by working with a personal injury lawyer in New Orleans. Make sure that the lawyer that you choose is very experienced in these types of cases.
Louisiana DUI Victims Deserve Compensation
Compensation due to DUI victims is typically substantially more significant than other car accident cases. Exemplary or punitive damages may be due based on state law and the legalities of your situation.
In New Orleans, either the Department of Public Works (DPW) or the Louisiana Department of Transportation and Development (DOTD) is responsible for the upkeep of public roads. Our tax dollars sponsor the installation, maintenance, repair, and improvement of the roadways, and the town has a duty of care to the people to protect them from an unreasonable risk of harm.
If an agency falls short of its duty, such as by designing defective roadways or failing to fix faults and defects on the roads — and people get hurt as a result — then the government entity that is in charge might be liable for victims’ damages.
To determine precisely who the liable party (defendant) is for a defective roadway-related accident, your attorney can investigate the situation and identify the proper authority.
What do Louisiana’s government immunity laws entail?
Unlike most states, Louisiana’s immunity laws are very public/victim-friendly. In other states, government agencies enjoy a significant degree of immunity from lawsuits. These states have implemented self-protecting immunity laws that shield themselves from financial liability in personal injury suits. People who sustain an injury in accidents resulting from a government agency’s or government worker’s negligence have limited recovery options typically.
Fortunately for victims, Louisiana does not shield itself from tort lawsuits, as other states do. La. Const. Art. XII, § 10(A) clearly states: “Neither the state, a state agency nor a political subdivision shall be immune from suit and liability in contract or for injury to person or property.” In other words, victims have every right to pursue a claim against a government board, commission, department, or agency when they sustain an injury through negligence.
What defense does the government commonly use in liability suits?
When accident victims injured by dangerous roads try to sue the government agency in charge, the agency might likely try to use the “Public Duty Doctrine” as a defense. The Public Duty Doctrine essentially provides that the government can only be liable when they breach a duty of care to an individual — not the public at large.
USLegal.com explains the doctrine: “A governmental entity can be held liable only when the duty breached was owed to the injured person as an individual and was not merely the breach of an obligation owed to the public at large… In short, a duty to all is a duty to no one.”
While this would likely mean that filing a lawsuit would be impossible — road maintenance is a public issue, not individual — roadways are somewhat of a gray area. While the Public Duty Doctrine shields governmental entities when they are performing their duties to the public, the DPW and DOTD are responsible for the maintenance of roads. Because of this, accident and injury victims may be able to hold government entities liable, with some exceptions. Your lawyer will examine your case to see if you are eligible to file a claim against one of these governmental entities.
Are there any limits to dangerous road condition lawsuits?
While you may be entitled to bring a claim against a government agency for neglecting to keep safe roads, you must observe a couple of limits that do not apply to regular civil suits.
Firstly, there is a limit to the number of damages you can recover. Louisiana Revised Statutes § 13:5106(B)(1) states that the total liability of the state for all damages for personal injury to one person shall not exceed $500,000.
Also, if the court finds you partly liable for the accident, your degree of fault will reduce your damage award. So, if you were speeding on a dangerous road when the accident occurred and received 25 percent fault for the accident, you will only receive 75 percent of the value of your losses, not to exceed the $500,000 damage cap.
Types of damages
Whereas you might be able to cover a wide array of damages in a regular personal injury suit against a person or business, Louisiana laws limit the types of damages that are compensable in a lawsuit against the government. In cases of this nature, you can only win a damage award for the following types of losses: property damages, medical care, and related benefits, loss of earnings, and loss of future profits. You cannot recover emotional damages such as pain and suffering.
Note, the time limits and procedural requirements for filing a claim against the government are also typically shorter and more stringent than they are for non-government applications. You will want to speak to an attorney that handles accident claims involving dangerous road conditions as soon as possible for information on when and how to proceed. Procrastinating or not following claim protocols to a T could thwart your rights to benefits.
How do I determine the value of my case?
A severe bicycle or auto accident can cause massive financial issues for an individual or family, so the value of your case may be considerable. Medical bills can be expensive, and your income might drastically go down if you are unable to return to work for some time. If you have sustained a permanent disability, your injury could permanently hinder your earning capacity. Fortunately, all of these are compensable if you win your dangerous road condition injury case.
If you and your attorney can prove your claim, the Louisiana court that hears your case will determine the value of your damages. The judge will look at all of your medical and related expenses, proof of lost wages, and input from your doctors about your prognosis and future medical needs, as well as any other evidence that you bring to confirm your damages.
Make sure to keep thorough records to share; retain all receipts and bills for your injury-related needs. These records include surgical bills, hospitalization, physical rehabilitation, check-ups, custodial services, prescriptions, and prosthetic devices.
Where can I find a firm that handles New Orleans accident cases?
Our attorneys at Cueria Law Firm accept all types of injury and wrongful death cases, including complicated claims against government agencies for dangerous road conditions. It is our practice to fight diligently for full and fair compensation; we have a passion for helping hurt Louisianans get the compensation they need and deserve when preventable accidents have injured them.
Contact our office today and schedule a free consultation at your convenience: 800-899-7102.
As a driver, we take responsibility for being on the roadways in a number of ways. Drivers must act according to the Louisiana traffic laws so they as well as other motorists are safe. Car insurance is required to ensure that your car and another vehicle are covered in the case of an accident. Full coverage insurance ensures that all vehicles involved are covered while liability insurance takes care of the other vehicle if you are involved in an accident. But what happens if you are hit by someone while driving and they do not have car insurance? You may have a case if you have coverage known as an underinsured motorist or uninsured motorist within your automobile insurance policy. This insurance is an option available to you when purchasing insurance for your vehicle.
If you have uninsured motorist coverage, then you are covered when hit by someone who does not have automobile insurance or does not have enough to cover the claim. You then have the ability to recover from your car insurance carrier. If you find that you have been involved in such an accident, check your policy to see if the coverage is offered. It will most likely be listed as UM on your policy if available.
It is a good idea to have UM coverage as it covers you in case of an accident with an uninsured driver and is usually inexpensive to carry. It is often not discussed by your insurance provider as it is inexpensive and if a claim is filed, then your provider must offer coverage. But of course, this is why we have insurance.
If you have been involved in a car accident in New Orleans and may be partially at fault, you can still have a case. A Lousiana personal injury attorney will be able to determine based on the information you provide if you can move forward with a claim. When evidence exists that you share blame for a vehicle accident and the case goes to trial, the jury will have to choose what percentage of the fault belongs to you and what percentage belongs to the other party involved. These percentages must equal 100%. If the jury finds that you were not at fault, then you will be able to recover a full 100% in damages awarded by the jury. If you are found to have partial blame for the accident, the amount you are awarded will be reduced based on the percentage found by the jury.
In vehicle accidents such as this, most cases will never go to trial as the parties involved reach a settlement. If your case does go to trial, you will need an experienced personal injury attorney who specializes in New Orleans car accident cases. A car accident attorney will know how to predict what a jury will do based on the law and the facts of the car accident.
For the most part, the parties involved in the New Orleans accident will agree on amounts to settle for without having to go to court. When you are considered partially at fault, the value of a settlement will be reduced. The reduced amount will be based on the evidence presented in the case and how much fault you have been proven to have in causing the car wreck.
Whatever the case may be, you are more likely to receive compensation when working with an experienced car injury attorney who specializes in car accident cases. Contact our office today if you have been involved in an automobile accident and want to review your case.