Baton Rouge Injury Lawyers

Stay safe

If you are blocking traffic, move to the side of the road (out of traffic) when it is safe to do so and check for injuries.

Call the police

In most cases, you should call the police to have an official report made. Oftentimes, other drivers admit to fault at the scene but change their story when a claim is involved.

Gather information/documentation

You should always exchange insurance information with the other driver, even if the police officer tells you it will be on the report. Take pictures of any/all vehicle damage and the accident scene (all vehicles involved). If possible, video the scene to document and memorialize the conditions at the time of the accident.

Should I go to the emergency room? Do I need an ambulance?

Unless you have serious or possible internal injuries, you do NOT need an ambulance or an emergency room. Going to an emergency room will not do much to document your claim or treat your injuries. In most cases where someone has non-life-threatening, soft-tissue injuries, the emergency room will only record the visit and offer minimal triage assistance. Unfortunately, this can cost thousands of dollars, and there may not be enough insurance to recover for your damages. However, if your injuries are severe or life-threatening (loss of consciousness, severe head/neck/back trauma, or heavy bleeding), you should go straight to the nearest emergency room. Depending on the severity of your injuries, it may be safer to take an ambulance than to drive yourself.

The at-fault driver didn’t get a ticket, does this hurt my claim? Maybe.

The fact that the at-fault driver did not get a ticket does not ruin your case, nor does it prove they are without fault. When one party gets a ticket, it may be easier to establish fault, but they are not the final word on fault/liability. In Louisiana, liability for accidents and injuries is decided using a civil standard of negligence, which is completely independent of whether or not a police officer decided to write a ticket.

Yes, whether you are at fault or not, many policies require you to notify them of all accidents or coverage could be affected. Doing so helps protect your policy rights. Also, your insurer will better be able to provide a legal defense for you if the other driver tries to wrongly blame you.

Filing an injury claim isn’t about being “sue-happy”. It is a legal mechanism to ensure the responsible party’s insurance covers the damages. It’s perfectly fine to file a claim because it prevents you from bearing the financial burden of medical bills and keeps others accountable. Also, most claims are resolved without a lawsuit.

Why is it reasonable and responsible to pursue your claim?

Drivers in Louisiana are required to have insurance. In most cases, you aren’t trying to collect from an individual directly; you are trying to collect from their insurer who has been collecting premiums for years to cover these damages.

Medical bills and lost wages add up, and you shouldn’t have to bear the burden of that expense.

It also deters unsafe behavior/drivers.

Under Louisiana law, if you are not at fault in a car accident, you are entitled to a “comparable” rental vehicle at the at-fault driver’s expense while your car is being repaired. This does not mean any rental; it means a vehicle that is comparable to your vehicle that was damaged. If you vehicle was a pickup truck, you are entitled to a comparable rental truck. The same applies for the drivers of luxury cars or specialized passenger vans. The at-fault party’s insurance company will not volunteer this information, and may even tell you that you are not entitled to a comparable vehicle. We can help!