Cars are integral to modern-day transportation and commerce. In fact, according to statistics, 73% of American commuters use private vehicles to get to and from work, making cars the most popular mode of U.S. transportation by a long shot. But all this private vehicle traffic comes with a cost. 

Experts estimate that more than 36,000 automobile accidents happen daily in the United States alone. Human error—especially driver-related mistakes, negligence, or poor judgment—causes most of these crashes. This culminates in billions of dollars in yearly injury damages, including medical expenses, lost wages, and property damage. These costs can become especially burdensome when the crash isn’t your fault. 

Luckily, fault matters in Louisiana, and if someone else is to blame for your accident, you may be entitled to compensation. 

Here’s what you need to know about recouping personal injury damages in Louisiana and what the Lamothe New Orleans Accident Attorneys can do to help you.

Can I Sue the Other Driver for My Injuries?

Absolutely. However, whether or not you succeed will depend on who was at fault. That’s because Louisiana is a “pure comparative fault” jurisdiction. Under these rules, the person at fault pays for the damages. If you are also partially to blame, then the amount you can recover may be reduced by your amount of fault. 

Here’s a closer look at how these rules play out in several common scenarios. 

Two Drivers, One Driver at Fault

This is the most straightforward auto accident scenario. Here, Driver A caused an accident with Driver B. At the time, Driver B was doing everything right (i.e., no extenuating circumstances, poor judgment calls, or distracted driving). As a result, Driver A is responsible for covering all of Driver B’s damages. 

When one person is 100% at-fault party for causing an accident, they are responsible for covering 100% of the damages. This includes compensation for physical and mental harm and property damages.

Two Drivers, Both at Fault

Car crashes often happen because both drivers make poor decisions. Sometimes, one party is more to blame; in others, they’re both equally at fault. 

For example, let’s say Driver A was driving too fast on an icy road. They couldn’t stop when the light changed and hit Driver B in the intersection. At first glance, it would seem that Driver A was entirely at fault, but what if we said that Driver B was drunk? Drunk driving is illegal in Louisiana, and if Driver B hadn’t been inebriated, they might have noticed Driver A’s erratic behavior and avoided the accident or at least lessened its impact. 

In this situation, a judge determines that Driver A was 70% at fault and Driver B was 30% at fault. If Driver B’s total damages are $100,000, Driver A is only liable for $70,000, the total amount of damages minus the percentage of Driver B’s fault. 

Multiple Drivers

Multiple car pileups are generally severe and often cause life-threatening, catastrophic injuries and even death. These situations are much more complex than two-driver crashes. However, fortunately, in Louisiana, personal injury fault and accident damages are handled the same, regardless of how many drivers there are. 

In a multiple-car situation, the judge will assess the scenario, including all the contributing factors to the accident, and assign a percentage of fault to each driver involved. Those drivers are then responsible for compensating the victim for their portion of that fault.  

For example, let’s say Driver A is the victim this time and that Drivers B, C, D, and E are all 25% at fault for causing Driver A’s injuries, totaling $100,000 in damages. In this scenario, Driver A would receive $25,000 (or 25%) from each driver. However, under Louisiana law, Driver A can collect the total amount from a single driver, leaving the responsible parties to figure out reimbursement independently. 

Can I Recover Damages If I Am at Fault, too?

Yes. Under Louisiana’s pure comparative fault rules, as long as you’re not 100% liable, personal fault does not exclude someone from recovering damages. Hence, if Driver A is 90% liable, Driver B is 5% liable, and Driver C is 5% liable, Driver A would still be entitled to a 10% reduction in liability, even though they were mostly at fault. 

This differs from other jurisdictions. In some states, drivers can only recoup losses if they are less than 50% liable. In others, at-fault drivers can’t recover any losses—even if they’re only 1% to blame. Luckily, Louisiana’s comparative fault rules are not so restrictive.  

Determining fault can be tricky, especially when multiple drivers are involved. However, Louisiana’s at-fault rules are the same regardless of the number of extra drivers. Reconstructing an accurate portrait of your accident will be a critical aspect of building a successful case, which is why it’s so important to have an experienced accident attorney fighting for your interests during this process. 

What Kind of Damages Can I Recover?

As everyone who has ever been in an accident knows, accident damages come in many shapes and sizes. The harm from these crashes extends beyond physical injuries and can include mental, physical, and future harm, as well. These injuries generally fall into one of two categories (tangible harm and intangible harm), and settlements are awarded based on your circumstances. 

Economic Damages for Financial Consequences 

Tangible injuries (also called “economic damages”) consist of harm that can be quantified using a bill, statement, estimate, or receipt. They include damages like: 

• Hospital stays. 
• Doctor visits. 
• Outpatient care. 
• Medical expenses.
• Prescription medication. 
• Physical therapy. 
• Lost wages. 
• The loss of future earnings.
• The cost of ongoing care. 
• Property damages. 
• These damages are easier to quantify because they already have a number attached. However, just because you can’t quantify an injury doesn’t mean you aren’t entitled to compensation.

Non-Economic Damages for Physical and Emotional Harm 

Not all accident injuries come with a price tag, but that doesn’t mean they’re irrelevant. For example, chronic pain might not have a dollar amount, but it can be a real consequence of an auto accident injury. 

These intrinsic, intangible harms are called “non-economic damages” and are a significant part of Louisiana accident damages. These injuries include compensation for: 

• Pain and suffering. 
• Loss of enjoyment of life. 
• Loss of consortium and companionship. 
• Mental anguish and emotional distress. 
• Disfigurement. 
• Disability and inconvenience. 

In many ways, these intangible, subjective injuries are worse than economic harm. After all, how do you put a price on your health? On losing your mobility? On the gaping hole left by the death of a loved one? Money can’t always fix these things, but it can help you adjust to this new normal. 

A qualified Louisiana accident attorney can help you get the compensation you deserve and hold the responsible party accountable for the incredible harm their actions caused. 

Punitive Damages

Punishment damages (or “punitive damages”) are not awarded for every case because they aren’t compensating victims for any actual damages. Instead, this extra money is reserved for situations where the responsible driver’s behavior is particularly reckless or egregious. For car accidents, this might include: 

• Drunk driving. 
• Reckless driving. 
• Intentional accidents. 
• Extreme road rage.  
• Hit-and-run accidents.
• Repeated misconduct. 

Punitive damages are designed to punish the wrongdoer and deter future wrongdoers from similar behavior. 

Wrongful Death Damages

Not everyone walks away from an accident. In fact, according to statistics, the number of car accident deaths in Louisiana is nearly double the national average. 

When someone is killed in a car accident caused by another driver’s fault or negligence, surviving family members may be entitled to file a wrongful death suit. Wrongful death covers various end-of-life costs and expenses and can help families financially stabilize after a loved one’s passing. They include: 

• Funeral and burial costs. 
• Medical expenses leading to their end of life. 
• Lost wages and benefits. 
• Loss of companionship. 
• Pain, suffering, and mental anguish.
• Loss of support and services. 

At Lamothe, we know money can’t bring back your loved one. However, wrongful death compensation can help ease the stress of their passing and make it a little easier to heal into the next stage of life. 

If you have questions about wrongful death, talk to a personal injury attorney immediately. In Louisiana, the statute of limitations for accident damages is one year, so it’s important not to wait. 

Don’t Settle With the Other Driver’s Insurance Company

After an accident, speak with a lawyer before discussing the facts with the other party’s insurance company. Insurance adjusters are responsible for fact-checking claims and ensuring the company pays as little as possible in damages. This is true for any adjuster, but it’s especially true if you’re the “other driver.” 

Quite simply, insurance adjusters are not your friends. Their goal is to get you to slip up and admit fault because when you do, they don’t have to pay as much—or anything, depending on what you say. 

Before talking to the other driver’s insurance company, speak to someone who will have your back, like a qualified New Orleans accident attorney. Unlike an adjuster—whose only interest is avoiding accountability—your attorney’s job is to protect your best interests. They can lead you around common legal pitfalls, fight for your rights against greedy insurance companies, and make sure you get the compensation you deserve. 

A New Orleans Auto Accident Attorney Can Fight for You

Car accidents are traumatic, and their effects can last much longer than the initial impact. These events often leave victims struggling beneath new financial stresses, painful recovery periods, and sometimes the heartbreaking loss of a loved one.  

You may be entitled to compensation if you were in a Louisiana auto accident and it wasn’t your fault. Contact Lamothe Law Firm today for a free consultation, and let our team of highly experienced attorneys help hold the responsible parties accountable for the harm they cause.