Louisiana Accident Laws and How They Differ from Other States
If you were injured in an auto accident in Louisiana, your personal injury case is subject to a different set of rules than had you been in another state. Louisiana is a direct action state, which means parties injured in a car accident can name an insurance carrier in a lawsuit. This is not something that’s allowed in other states. Here we explain Louisiana accident laws and how they may affect your case.
Direct Action: What Does it Mean?
Because Louisiana is a direct action state, an injured party can name an insurance carrier directly in a court case. This helps the injured party because a judge overseeing the case will know that there is an insurance company available to cover any damages. Usually, judges and juries will award more damages if an insurance company is named to pay the claim, instead of the individual who caused the accident.
Juries Can Be Sympathetic to Drivers if No Insurance Carrier is Named
Often, juries are sympathetic to drivers who cause accidents, if there isn’t an insurance carrier named in the lawsuit. This is because the jury perceives that the negligent driver will need to come up with all of the damages out of pocket, which can be difficult or impossible to do.
Juries sometimes feel hesitant to penalize drivers and hold them responsible for huge judgments. For example, if a driver for a small mom-and-pop company caused an accident, an award against the little company could devastate it. The same holds true for an individual or person with a family.
Many cases are tried in which the defending attorney appeals to the jury to use compassion when awarding damages. Best practices for a plaintiff’s attorney, then, is to always name the insurance carrier in a lawsuit. This makes it clear to the jury that the defendant is not being asked to pay any of the award.
One-Year Statute of Limitations
Another difference in Louisiana accident laws than other states is that Louisiana has a one-year statute of limitations. There aren’t any kinds of pre-lawsuit requirements in terms of claim processes, so the injured party is expected to file a suit any time from one day after the accident until exactly one year after.
Because Louisiana is a comparative negligence state, an injured party who is at fault for an accident can have damages reduced by the determined percentage of fault.
Lower Insurance Limits
Louisiana’s required insurance minimum amounts are very low compared to other states. As an example, the state has a $15,000 bodily injury minimum for driver insurance policies. There are unfortunately many cases that go through litigation where the negligent party only has the minimum coverage. This effectively limits the injured party’s recovery of damages to just $15,000.
If you’ve been involved in an auto accident in the state of Louisiana, there are many elements to consider should you want to file a personal injury lawsuit. Tramontana Law has years of experience trying auto injury cases in the state of Louisiana. We know how to work within the various areas of the law to properly try your case so that you get the maximum amount of damages awarded to cover your medical expenses and other losses.
Fill out the form on this page and an attorney from the Law Office of Tony Tramontana will be in touch with you shortly. We want to hear your story and help get the justice you deserve.
In the United States in 2014, an estimated 221,000 people, age 65 and older, were injured in motor vehicle accidents and 5,709 were killed. These elderly people comprised 17% of the total traffic-related fatalities that year and 9% of traffic-related injuries. A year later, 4,366 people, age 70 and older, were killed in motor vehicle accidents, which is a […]
Drivers all over the state of Louisiana are facing high costs when it comes to operating their vehicles, and poor road conditions might be the most harrowing. A recent article in The Greater Baton Rouge Business Report stated how bad the road conditions actually are in Baton Rouge, and there’s evidence of major road troubles […]
If you find yourself in a future fender bender in New Orleans, don’t be surprised if a civilian is the one investigating it. The city recently green-lighted a plan for common folk and possibly retired police officers, under the management of a New-Orleans based “civil traffic accident investigation and support” firm, to be given contracts […]
According to the Centers for Disease Control and Prevention (CDC), motor vehicle crashes are a leading cause of death for a child passenger in the United States. Child safety seats are required in every state because they’re proven to maximize safety for a child passenger in the event of a car accident. Using a car […]
From 2014 to 2016, more than 90 people were involved in fatal accidents in Tangipahoa Parish. That statistic, according to a campaigner working to reduce the number of avoidable deaths, is too many, and indicates that change is needed in Louisianans’ driving habits. Donna Miller, Tangipahoa Parish President Robby Miller’s wife, is a local businesswoman […]
A recent study has identified US 90 running through South Louisiana as the most dangerous highway in the entire state, also reportedly the 13th most dangerous highway in the country. A recent study has identified US 90 running through South Louisiana as the most dangerous highway in the entire state, also reportedly the 13th most […]
Louisiana certainly has its share of leisure and entertainment activities, and it is well-known for its live music and street festivals. However, a new study shows that people who live in the state are generally stressed out. WalletHub recently ranked all U.S. states according to a stress survey it created, which compiled results and gave […]
Even though fatal car crashes in the United States have decreased in number, traffic collisions remain a grave problem. It’s a promising sign that there were approximately 10,000 fewer accidents in 2014 than in 2004, but 32,675 people were still killed in auto accidents. The Most Dangerous States Baed on Fatalities Even though fatal car […]
Riding a bike, especially on public roadways, is about more than learning to balance on two wheels: it’s something that drivers, as well as cyclists, must take seriously or risk injury or even death. To stay safe on shared roadways in Louisiana, cyclists should become fluent in the state’s bicycle laws to minimize risk to […]
Louisiana Car Insurance Companies: Reactions 64% of Americans are less than "fully engaged" with their insurance company, according to a new Gallup poll. And our youngest generation, the so-called millennials, are the least engaged of all! This post breaks down: Why Louisianans hate their insurance companies A list of the 10 Worst Auto Insurance Companies What […]