New Orleans Motor Vehicle Accident Attorneys
On average, three people die in motor vehicle accidents every day on Louisiana streets and highways, and safe driving continues to decline. Between 2020 and 2023, the number of motor vehicle accidents steadily increased, with a record-breaking number of state vehicle fatalities in 2021. By 2022, Louisiana’s average of pedestrian fatalities was a staggering 78% higher than the national average.
Far too many people lose their lives in what are often entirely preventable accidents. Governor John Bel Edwards said, “If travelers would obey traffic laws, wear their seatbelts, and be patient with one another, we could see these numbers go down considerably.”
At Lamothe Law Firm, we couldn’t agree more. We want to help make Louisiana roads safer by holding at-fault drivers accountable for their actions.
If you or a loved one was injured in a motor vehicle accident, you may be entitled to compensation for your losses. Here’s how that process works in Louisiana and what the Lamothe Law Firm can do to help make sure justice is served.
To schedule a free consultation with an experienced Louisiana motor vehicle accident attorney, contact our office by calling 504-704-1414.
Contact Us TodayWhat Is a “Motor Vehicle Accident”?
The term “motor vehicle accident” refers to collisions that involve one or more vehicles and result in property damage, injury, and sometimes death. In Louisiana, this branch of personal injury law covers a wide range of vehicle mishaps, including:
- Car crashes.
- Motorcycle accidents.
- Large trucking collisions.
- Rideshare accidents (such as Lyft or Uber).
- Public transportation accidents.
- Rental car accidents.
Sometimes, these incidents are an Act of God—that is, they couldn’t have been predicted and aren’t anyone’s fault. However, roadside accidents often result from someone else’s mistake or negligence. When this happens, Louisiana’s personal injury law requires the responsible party to compensate victims for the harm they caused.
The Lamothe Law Firm has helped countless motor vehicle accident victims get the compensation they deserve. If someone else’s negligence injured you on the road, our skilled team can also help you.
Leading Causes of Louisiana Car Accidents
Car accidents happen for many reasons, and not all of them are someone else’s fault. However, according to statistics, most are. Research from the Department of Transportation shows that driver error, performance, or negligence contributed to 94% of motor vehicle crashes.
Here’s a closer look at the top causes of car crashes in the United States:
- Distracted driving—talking, texting, using a cell phone, eating, or adjusting the radio while driving.
- Speeding—driving higher than the speed limit, especially in high-traffic areas like construction zones, neighborhoods, and school zones.
- Reckless driving—tailgating, weaving in and out of traffic, swerving, speeding, and aggressive road rage behavior.
- Drowsy driving—driving without enough sleep or for an extended period without rest.
- Impaired driving—operating a vehicle while using drugs or alcohol. This also includes people who drive while under the influence of a legally prescribed medication, which alters their state of mind.
- Running a red light—speeding through an intersection after the light has changed or gunning it over the crosswalk before the switch happens.
- Weather conditions—driving too fast for weather conditions, such as rain, snow, ice, and fog, impairs visibility and makes road conditions more dangerous.
- Improper lane change—changing lanes without signaling, checking your blind spot, or when there is too little space between cars. This also includes crossing the double yellow line to pass a slower vehicle when it is unsafe.
- Vehicle defects—mechanical issues, such as brake failure, tire blowouts, and engine issues that could cause a driver to lose control of the car.
- Inexperienced drivers—underage drivers and teenage drivers who are often immature and don’t have much experience on the road, especially in high-stress situations. This sometimes leads to poor decision-making, slow reaction times, or freezing up altogether.
Not so long ago, drunk driving was the number one cause of accidents in the United States. These days, drivers are more likely to crash over cell phone-related distractions. However, research shows that drowsy driving is just as impaired as driving under the influence, while speeding is most likely to cause fatalities, resulting in 33 deaths every day and countless injuries.
Common Injuries in Louisiana Car Accident Cases
Accident-related injuries range from mild to severe and often depend on the circumstances, driver impairment, the vehicles involved, and where the incident occurred.
At Lamothe Law Firm, some of the most common car accident-related injuries we see include:
- Whiplash—neck and spinal injury caused by a sudden movement that “whips” the spine forward, often resulting in pain and stiffness.
- Head injuries—concussions or severe traumatic brain injuries (TBIs) that stem from a sudden impact on the head.
- Back injuries—herniated discs, fractures, and other spinal damage, usually caused by a collision.
- Chest injuries—rib fractures, internal bleeding, organ damage, or deep bruising, sometimes caused by seat belts and airbags.
- Limb injuries—including fractures, sprains, and strains in arms and legs, which commonly occur in side-impact collisions.
- Facial injuries—injuries to the face, including cuts, fractures, eye damage, or dental trauma, which often happens when the head slams into a window or steering wheel.
- Abdominal injuries—internal bleeding, punctured lungs, and other internal organ damage (such as the spleen or liver) resulting from blunt force trauma.
- Amputation—the loss of an arm or leg, which is severed from the body either during the initial accident or as a life-saving measure after the fact.
- Burns—second, third, and fourth-degree skin and muscle damage from fuel-strengthened fires.
- Paralysis—nerve damage to the neck, back, and spine that is so severe that a person loses control of their body from the point of injury downward.
- Death—the victim’s injuries are too severe to recover.
A high-speed, high-impact crash will often cause life-changing catastrophic injuries that some victims never fully recover from. However, not all harm is quite so obvious. For some injuries (like whiplash, for example), the pain might not show up for hours or even days after the incident, which is why it’s so important to get proper medical attention after a crash.
The Person Who’s at Fault Pays for Damages
Under Louisiana personal injury laws, the person who causes an accident is responsible for damages. So, establishing fault in your accident is crucial to building a successful case.
Under personal injury law, “damages” refers to the money a responsible party must pay their victim to compensate them for the harm they caused. Damages are designed to make the injured party “whole” and return them to where they started as much as possible.
Louisiana has three main categories for damages: economic, non-economic, and punitive. Here’s a closer look.
Economic
Economic damages cover a victim’s tangible monetary losses. This covers everything with a bottom line and includes hospital bills, doctor’s visits, medication costs, therapy expenses, lost wages, property damage, rehabilitation costs, and anything else that can easily be itemized with a receipt, bill, or estimate.
Economic damages cover both current costs and future losses. For example, not only could they reimburse current lost wages, but they can also be used to compensate for the detrimental impact an injury has on a person’s future employment.
Non-Economic
Unlike economic damages, non-economic damages are more challenging to quantify because they aren’t ready-made with an itemized report. Instead, these damages are more subjective and cover losses such as pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium, disfigurement, loss of reputation, and other intangible effects.
These losses are incredibly subjective and vary significantly between cases. As a result, calculating non-economic harm can be a lengthy, complex process. In Louisiana, the court relies on several personal factors—both before and after the injury—to determine the impact the injury has had on the person’s life.
Punitive
Punitive damages differ from economic and non-economic damages in that they do not compensate the victim. Instead, the money is awarded on top of regular damages to punish a wrongdoer for particularly egregious behavior.
In a motor vehicle accident, this might include extremely reckless driving, road rage, drunk driving, or a hit-and-run fatality. These damages are designed to punish wrongdoers and deter future wrongdoers from the same behavior.
If someone else was at fault in your accident, you may be entitled to compensation for your injuries. A qualified New Orleans accident attorney can help defend your rights and get you the compensation you deserve.
Can I Still Recover Damages if I’m Partially at Fault?
Some jurisdictions don’t allow victims to recover damages if they contributed to an accident—even if that fault was just a fraction of the overall blame. However, Louisiana laws aren’t that restrictive.
In Louisiana, accident damages are determined based on “comparative fault” rules. Under these guidelines, the court assigns each party a percentage of fault for the accident. Whatever damages they’re owed in the aftermath are then reduced by that percentage of fault.
For example, let’s say Driver A ran a red light and slammed into Driver B, causing $100,000 worth of damages. Driver A clearly violated a major roadway law and is arguably to blame for the whole thing. However, what if we pretend that Driver B was texting at the time? Texting while driving is also against the law in Louisiana, and the accident might not have been as severe if Driver B had been watching the road. As a result, the judge decided that Driver A was responsible for 75% of the accident and Driver B was responsible for 25%. Therefore, Driver B can only recover $75,000 in damages from Driver A because of their contributing fault.
Under comparative fault rules, as long as the driver isn’t 100% at fault, they can still recover damages for the amount they were harmed. Hence, even if Driver B were 99% responsible, they’d still be entitled to that 1% compensation from Driver A.
What to Do If You're Involved in a Car Accident
Car accidents are unexpected, stressful, and overwhelming, and it’s not always easy to know what to do next. If you were in a Louisiana car accident, here’s what you should do:
- Step 1: Check for injuries. Your safety is the most important thing. After your accident, check for injuries and seek immediate medical attention.
- Step 2: Call the police. As soon as you’re safe, call the authorities. The police will document the scene and create an accident report, which is crucial to filing an insurance claim later.
- Step 3: Gather information. Exchange information with the other driver(s), including names, contact information, insurance details, VINs, and license plate numbers.
- Step 4: Document the scene. Take photos of the accident, vehicle damages, and any relevant road conditions or signage. Don’t forget to collect the contact information for witnesses and note the location of any roadway cameras.
- Step 5: Avoid admitting fault. Be careful what you say at the scene. Avoid admitting fault or making statements that could be interpreted as liability.
- Step 6: Notify your insurance company. Report the accident to your insurance provider immediately and provide them with all the necessary information and documentation.
- Step 7: Keep detailed records. Keep records of everything related to the accident, including medical bills, repair estimates, photographs, police reports, and any insurance company correspondence.
- Step 8: Talk to an attorney. Contact an experienced Louisiana personal injury attorney to help protect your rights and guide you through the claims process.
Not all accidents are serious, but when someone is injured—or if there’s any dispute about who’s at fault—it’s especially important to hire an attorney as soon as possible.
These steps will help ensure your physical safety and protect your legal rights following an accident.
Why Hire Us
Experience
We have over 100 years of combined experience.
Track Record
We have recovered over 100 million dollars for our clients.
Reputation
We have a national reputation for excellence.
Were You Injured in a Louisiana Motor Vehicle Accident?
Car accidents are stressful and exhausting. They are financially draining, resulting in property damage, expensive medical bills, and painful recovery. For some, they even mark the unspeakable loss of a loved one.
At Lamothe Law Firm, we want to help make Louisiana roads safer, and that journey starts with accountability. If you or a loved one was injured in a motor vehicle accident, we want to hear from you. Contact Lamothe Law Firm today for a free consultation, and let our team of compassionate, experienced attorneys get you the compensation you deserve and make our roads safer.
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