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Lafayette Car Accident Lawyer

Why Hire Our Car Accident Attorney in Lafayette?

The Lafayette personal injury attorneys at Anderson Blanda & Saltzman can provide the help and support you need in these situations. Our Lafayette car accident attorneys have been named among the US News Best Lawyers/Law Firms and have earned the honor of becoming members of the Multi-Million Dollar Advocates Forum. Our experience and compassion are unparalleled, which is why more than 10,000 clients have turned to our firm in their time of need.

Don’t hesitate to schedule a free consultation with our firm by calling (337) 233-3366. We’ll explain what we can do for you in an accident’s aftermath and help you get the justice you deserve — and you won’t pay legal fees unless we win your case.

Who Can be Held Liable for a Car Accident in Lafayette?

When a collision occurs, someone is usually responsible for the incident. In Louisiana, fault laws exist to hold the other driver liable for your losses. This means you can pursue a claim against another driver who caused your car accident to occur. You don’t have to go through your own insurer for more minor injuries, which is required in no-fault states.

Louisiana Civil Code Title V, Article 2323 also establishes a rule called a pure comparative fault rule. Under this rule, you can still pursue a claim for damages even if you were partly to blame for your accident.

This is different from the rules in some states that preclude you from making your case if you shared either any fault or if you were more than 50% or more than 51% responsible for your crash occurring. States that apply those rules are called modified comparative fault states. It’s also different from contributory negligence rules that prevent a driver from recovering compensation if they share any responsibility at all for a crash occurring.

Louisiana Civil Code Title V, Article 2323 does state that “if a person suffers injury, death, or loss as the result partly of his own negligence and partly as a result of the fault of another person or persons, the amount of damages recoverable shall be reduced in proportion to the degree or percentage of negligence attributable to the person suffering the injury, death, or loss.”

Under this statute, your compensation will simply be reduced by the percentage of fault attributed to you. If you were 60% responsible for the accident, you could recover compensation for 40% of your damages from the other driver. So, for example, if you suffered $100,000 in damages in total, you could collect up to $40,000 from the other driver who shared responsibility for the accident.

Louisiana law also entitles you to protection in other situations when another driver may not have been to blame. For example, if you were harmed due to a defective roadway or a defect in the vehicle, you may be able to sue the government agency responsible for road maintenance or the vehicle manufacturer. This would require different legal arguments.

Finally, you should also know that even if the at-fault driver has no liability coverage, your insurance policy may cover losses for medical bills, lost wages, and general damages. This could be the case if you had uninsured or underinsured motorist coverage.

You would need to make a successful claim with your insurer under these circumstances and make sure you can demonstrate the extent of your losses to try to maximize the compensation you receive.

You’ll only be paid up to your policy limits, though, no matter how severe the damage, so ideally you’ll make sure you have sufficient coverage in place before disaster strikes.

How to Hold Another Driver Liable for a Louisiana Car Accident

If you want to pursue a claim against another driver, you’ll need to show that they breached a duty to you. You can demonstrate that they did something wrong intentionally, or you can show they were negligent.

As Louisiana Civil Code Article 2316 states, “every person is responsible for the damage he occasions not merely by his act, but by his negligence, his imprudence, or his want of skill.” This means if you can demonstrate the other driver was unreasonably careless behind the wheel, you can recover compensation from that driver if their negligence was the direct cause of your harm.

In some cases, you can pursue a claim not just against the negligent driver who caused your accident, but also against their employer. Louisiana has a vicarious liability statute in place which states that “masters and employers are answerable for the damage occasioned by their servants and overseers, in the exercise of the functions in which they are employed.”

When a careless driver is on the job, this statute allows you to pursue your case against the company employing them. This can be helpful if that business has more insurance coverage to fully pay for your damages.

Whether you are pursuing a case against the other driver, his employer, or any other defendant, you may want to settle your case outside of court to get compensation. Anderson Blanda & Saltzman can work to negotiate a settlement on your behalf.

If no fair settlement can be reached, we can also fight for your rights in court. Our attorneys have been designated among the National Top 100 Trial Lawyers so we have the courtroom experience you need to put together a strong claim for damages.

Regardless of whether you want to settle or sue, though, you can’t hesitate to move forward with your claim. Although ACT No. 423 extended the statute of limitations for personal injury claims to two years, you still have limited time to make your case.

Common Causes of Car Accidents

Drivers in Louisiana must be licensed and must follow the rules of the road. They also have a legal obligation to exercise reasonable care to avoid harming their fellow citizens.

Despite these safety precautions, accidents happen far too often on Louisiana roads. In fact, there were a total of 755 fatal crashes in the state in 2023, according to data from LSU. If you or someone you love was involved in an accident that caused a death or an injury, understanding your rights is crucial as you may be able to pursue a claim for compensation for your losses.

Car accidents can happen for many different reasons. Here are some of the most common causes of motor vehicle accidents:

  • Distracted drivers: Distracted drivers in Lafayette put others at risk. This includes people who text and drive, but also individuals who are eating while driving, using the infotainment system, or otherwise not focusing fully on the road.
  • Impaired drivers: Driving after drinking can result in impaired judgment and delayed reaction times, among other things. Drunk drivers are in violation of the law and they significantly increase the risk of a collision occurring.
  • Drowsy drivers: Driving while fatigued can be almost as dangerous as drunk driving, as it can also cause similar symptoms like impaired judgment and delayed reaction time.
  • Speeding: When drivers travel too fast on the road, this increases their stopping distance and makes it harder for them to avoid accidents. High-speed crashes are also typically more dangerous than those that occur at slower speeds.
  • Intersection issues: Many accidents happen at intersections because so many cars come together. A huge range of things can go wrong, from overly wide turns to drivers not following the rules for who has the right-of-way.
  • Reckless driving: If a driver behaves carelessly by doing things like going too fast or weaving in and out of traffic, this significantly increases the chances of a motor vehicle accident happening.
  • Drivers who fail to follow the rules of the road. Drivers are expected to obey traffic laws, including stopping at stop signs and yielding when required. When they don’t follow the rules, this can increase the chances of a crash.

While accidents are especially likely to occur in these types of situations, there could also be other causes as well. It will be important to determine how your accident happened, as this can affect your ability to recover compensation for losses.

Types of Car Accidents

There are a few common types of car accidents that occur regularly as a result of a failure on the part of drivers to be reasonably safe. Common car accident types include;

  • Head-on crashes. Two cars collide from the front in this type of accident. It can occur due to things like distracted driving or fatigued driving, or it can happen because drivers make mistakes like entering a highway from an exit ramp or going the wrong way down a one-way street. Because the force and impact are magnified in a head-on accident, these accidents can be very serious.
  • T-bone accidents. Here, one car collides with another from the wide, with the vehicles effectively making a T. T-bone crashes are more likely to happen at intersections, and they can result in serious harm to vehicle occupants because the side of the vehicle is thinner and thus absorbs less force than the bumper or hood of a vehicle.
  • Rear-end accidents. These occur when one car hits another from behind. By default, the driver in the rear is considered to be at fault for the crash because they are supposed to maintain a safe stopping distance. The fact they hit the other vehicle means they did not do that.
  • Roll-over accidents. A rollover accident occurs when a vehicle rolls onto its side or onto the roof. The risk of a rollover is greatest in a top-heavy vehicle such as a large truck or an SUV. In some cases, the vehicle manufacturer can be held liable if a defect in the car caused or contributed to the rollover occurring.
  • Sideswipe accidents. When one car cuts too close to the other and swipes it from the side, this is called a sideswipe accident. Drivers who are drowsy, drunk, or distracted are more likely to veer over a yellow line and sideswipe another motorist.

Different kinds of accidents are known for causing specific types of injuries. For example, whiplash is common after a rear-end crash since your head is thrown forward from the force of the impact.

Understanding the type of accident you were involved in can help you to watch out for symptoms of common injuries and can also guide you in deciding all of the different defendants who could potentially be held legally liable for covering the crash-related injuries you endured.

Common Car Accident Injuries in Lafayette

After a crash, you should be compensated for all injuries you endure. Some common injuries that result from auto accidents include:

You should seek prompt medical help after an auto accident so you can document the damage the collision does and prove your injuries are crash-related. If you prevail in your case, you have the right to be “made whole” for all the damages occurring as a result of the crash and resulting injuries. This means you should be paid compensation for:

  • Past and future medical costs
  • Lost wages
  • Pain and suffering
  • Emotional distress

In the event that car crash injuries are fatal, surviving family members should be able to pursue a wrongful death claim against the at-fault driver to recover payment for not just these losses, but also for lost companionship as well.

Let Our Lafayette Car Accident Attorney Help You

A Lafayette car accident attorney at Anderson Blanda & Saltzman can provide the legal advocacy you deserve in the aftermath of a car accident. From obtaining police reports and witness statements to putting together a strong case to representing you in a court of law or during settlement negotiations, we will fight hard for your rights at every step of the way.

To learn more, give us a call at (337) 233-3366 to schedule a free consultation. You will only pay legal fees if we win your case, so don’t hesitate to contact us and get a dedicated advocate on your side in the aftermath of your accident.