Bruce C. Betzer, Jr.
Attorney
at Law
Car Accidents
Louisiana Car Accident Law
Recoverable Damages under Louisiana Law
Generally, an individual injured in an Louisiana automobile accident may bring a claim or lawsuit to recover the following:
- Actual Damages (Expenses associated with property damage and medical costs)
- Economic Damages (Lost wages and earning capacity)
- Emotional and physical pain and suffering
Louisiana's Insurance Coverage Law
The minimum coverage requirements for automobile insurance are regulated by Louisiana's compulsory insurance law, which requires that individuals be financially responsible for their actions when owning and operating a motor vehicle in Louisiana. All drivers must show their ability to pay for damages or injury to others resulting from the ownership or operation of a motor vehicle. The statutory minimum limits of liability insurance in Louisiana are as follows:
- $10,000 for death or bodily injury of any one person, any one accident
- $20,000 for all persons in any one accident
- $10,000 for property damage in any one accident
Comprehensive coverage (other than collision), uninsured motorist, medical payments, and collision insurance are not required by law. All Louisiana drivers and owners must have at least the statutory limits of minimum liability insurance.
Threshold for Liability
An individual who brings a claim or lawsuit against another driver for injuries sustained in an automobile accident, also known as a "claimant" or "plaintiff," must prove that the other driver was negligent. Simply put, it must be proven that the other driver failed to use that degree of care in operating his or her vehicle which would be required of a reasonably prudent driver under similar circumstances. Also, it must be proven that the other driver's negligence was the cause of the plaintiff's damages and injuries.
The cause which must be proven, "proximate cause" or "legal cause," requires the claimant/plaintiff to demonstrate (1) the defendant's negligence contributed to the plaintiff's injury and (2) there is no foreseeable, independent intervening act causing the plaintiff's injury. (Negligence must be a substantial factor in causing injuries.)
Comparative Negligence
Comparative negligence is negligence on the part of the plaintiff that contributes to his or her injury. Louisiana has adopted a "pure form" system of comparative negligence. Accordingly, if a plaintiff is even slightly at fault in creating the injury, damages will be reduced in proportion to his or her fault.
After an accident it is always a good idea to:
- Call the police and wait for them to arrive at the scene of the accident.
- Exchange the following information with the other driver:
- name
- address
- telephone number
- driver's license number
- name of insurance company
- policy number
- Take down the names of passengers, including their address and phone number.
- Take down the names of witnesses with address and phone number
- Find out the name of the owner of the offending vehicle, if not the driver, including address, phone number, insurance company, and policy number.
- Contact an attorney as soon as possible.
- Obtain a copy of the police report from the precinct of the responding officers. You should do this within 30 days of the accident; otherwise, the report is filed with the Department of Motor Vehicles in Albany and it becomes very difficult to procure a copy.
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