Lafayette Car Accident Lawyer

Lafayette Car Accident Attorney

Most people try to avoid car accidents by driving defensively and paying attention to the road, but this cannot prevent all accidents. Many of them happen due to unfortunate circumstances and can leave victims with injuries that affect their daily lives. If you are going through the aftermath of a car accident, you might be feeling overwhelmed by all the paperwork and issues that come with it. To help navigate these issues, work with a Lafayette car accident lawyer.

Proven Success Record

We value teamwork at the Cox Law Firm. Our personal injury attorneys work together to help address our clients’ issues. Together, we have been able to recover thousands of dollars in damages for our clients to help them heal from the injuries they received after a car accident. We have over 135 years of combined experience and use it to help victims get what they deserve.

Why Do Car Accidents Happen?

Car accidents can happen for several reasons, and they can be triggered by a variety of actions. Some of these include the following:

Driving Under the Influence

A large number of car accidents in Louisiana involve some amount of drugs or alcohol. Individuals under the influence are more likely to get into a collision because their reaction speed is lowered, and they might not see traffic lights or other road signs. It might be possible to spot a drunk driver from afar if they are blatantly breaking traffic laws, like driving on the wrong side of the road, swerving, speeding, or going significantly under the speed limit.

Distracted Driving

Most people think of texting when they think of distracted driving, but there are many different types of actions that people engage in behind the wheel that also distract from the road. Talking on the phone or grooming can take your hands off the wheel and increase the amount of time it takes to address hazards. Looking at other people or the screens in your car are considered visual distractions, which can reduce your reaction time due to not looking at the road.

Speeding

Speeding might not directly result in more crashes, but most accidents that include speeding result in more severe injuries and, more commonly, produce fatalities. This is especially true when car accidents involve pedestrians and motorcyclists because they have little or no protection. Speeding also lowers your reaction time and gives you less time to stop or slow down if there is a hazard on the road.

Single-Vehicle Accidents

Car accidents can also involve only one vehicle. It’s surprisingly common for one car to drive off the road and run into a tree, run into a ditch, or hit someone’s property. Even if no one is hurt after the crash, it is still probably a good idea to notify the police because there are damage amounts that require a police report to be generated.

Reckless Driving

If a driver is deliberately driving in a way that harms others, this is sometimes seen as reckless driving. The most common type of reckless driving is going significantly over the speed limit, but it can also include following other drivers too closely or performing risky maneuvers without signaling other drivers first. This behavior might result in additional damages or even punitive damages to make sure that the reckless behavior doesn’t happen again.

Other Causes

Other issues, like fatigue, adverse weather, and poor roads, can all contribute to vehicle collisions and can impact who is determined to be at fault. In some cases, it might be one or multiple drivers. In other cases, it could be parties like the manufacturers of the vehicle or an entity that is responsible for properly maintaining roads.

How Do I Prove That Another Driver Injured Me?

Car accidents follow a similar logic to other personal injury claims. To prove that your personal injury claim is valid, you have to prove that the other parties involved had a duty to care for your safety. If they were another driver, chances are that they had a duty to keep other drivers safe while on the road. If a vehicle malfunctions, then the manufacturer might have had a duty to build the vehicle in a way that does not endanger others.

The next step is to prove that the other party somehow breached this duty. This is easier in certain scenarios than in others. For example, if someone was texting and driving, then it might be obvious based on their most recent conversations or digital activity. A breach of the duty of care is also simple to establish if another driver was driving under the influence. However, there are certain cases where it might be difficult to prove that another party did anything wrong.

In addition to the breach of care, the individual’s actions must have directly caused the accident. The injuries you received must have also directly come from that incident. This is one reason why it is so important to receive medical attention immediately after an accident. The longer you wait to seek medical care, the more room you give insurance companies to deny your claim because they may claim that your injuries came from elsewhere.

Since Louisiana is an at-fault state, most victims of car accidents file claims with the insurance company of the driver or party that was at fault. However, determining who this is might be complicated. Additionally, the other parties involved might not have any insurance or not have enough to cover the total costs of the accident. In these instances, it might be necessary to file a personal injury claim to recover all the damages associated with the accident.

How Much Is My Claim Worth?

Determining how much a personal injury claim might be worth depends on a variety of factors. There are many different types of compensation that one might ask for after a car accident. These must be linked to the losses that you suffered, which are called damages. Compensation for these damages can cover different issues associated with a car accident and its aftermath. Some of the most common forms of damages include:

• Medical Costs: Getting injured isn’t cheap. Hospital and doctor bills can be expensive, but the costs can be covered with damages that come from a personal injury claim. These damages can cover virtually any part of the recovery process, including hospital visits, outpatient visits, physical therapy, additional medications, or necessary medical equipment to recover fully or as much as possible.
• Disability: If you are considered to be disabled due to the injuries you sustained after a car accident, you could file for either temporary or permanent disability through the government. However, also filing a personal injury claim can recover damages associated with losing the ability to do the things you enjoy because of your injuries or your disability negatively affecting your quality of life.
• Missing Wages: If you are unable to work for long periods of time, your income might be significantly affected. A personal injury claim can account for the missing wages you might have received if you had not been injured in a car accident. If you become permanently disabled, you might also get compensation for your future earning potential.
• Property: One of the most obvious forms of property damage in a car accident is to the vehicles involved, but this can also include other things, like damage to a business or residence. Compensation from a personal injury claim can help repair or replace any of your vehicles damaged in the accident so that you can continue your life afterward.
• Non-Economic Damages: These are typically associated with intangible elements of a car accident. They are often traumatic experiences that leave victims traumatized or disturbed. While money can never completely ameliorate the trauma of a car accident, it is one of the closest ways to make up for the pain associated with it.

While the initial estimate of damages in a car accident might seem low, the final amount might be exponentially higher when you consider all the different types of damages associated with a car accident. An attorney can help you calculate an exact number that can fully compensate your case. They can make sure that you don’t get shortchanged in negotiations with an insurance company.

How Is Fault Established?

In Louisiana, fault is assigned by a court or by an insurance company to determine how much someone can recover in damages. For example, if two drivers were involved in a vehicle collision and one was texting while driving, then that driver would normally be considered almost entirely at fault. However, if the other driver was driving a little bit over the speed limit, they might be assigned a small amount of fault that could impact their damage amount.

Continuing with this scenario, let’s say that the distracted driver is assigned 90% of the fault, while the speeding driver is assigned 10% of the fault. This means that, while the speeding driver is still the victim of the accident, the amount of damages they receive might be reduced by 10%. The exact percentage amounts vary based on the circumstances of the accident. These can be more accurately evaluated with the help of an attorney.

Even if you are wondering whether you are at fault for a car accident or not, it is still a good idea to check with an attorney first. They can review all the evidence and determine how much you might have been at fault. It can be easy to think that you were at fault in the heat of the moment, but the accident could have occurred differently from how you remembered it. The amount of fault you are assigned could depend on how well your attorney argues for your case.

Who Might Be at Fault in a Car Accident?

Several parties could potentially be at fault in a car accident. It might be possible that parties other than the drivers could also be held liable for the accident. If the roads are significantly damaged in a way that endangers individuals on the road, then the group that’s responsible for their upkeep could be found liable for some of the damages. This could also apply to the designer of the roads if they were found to lack appropriate signage to limit hazards.

If your car accident is with someone who is driving a vehicle on behalf of another company, you might be able to file with the insurance company of the employer rather than the individual themselves. This might also apply to car accidents that happen in rideshare vehicles. These situations can be complicated, so contact an attorney before filing a claim.

Sometimes, car accidents occur because the car was not properly built or maintained. There are certain issues that are the responsibility of the driver, but other issues could have been the fault of the mechanic who repaired the vehicle. If there was something wrong with the vehicle when it was created, then the manufacturer might be liable for a product defect that caused the accident.

In any of these instances, it is likely that more than two individuals or parties are involved when determining negligence and fault. If this is the case, be sure to get an attorney involved to sort out who is at fault so that you are still eligible to receive damages.

How Do I Negotiate With an Insurance Company?

After filing an initial claim with an insurance company, it will often contact you in writing to let you know whether your claim has been approved. If it has been approved, then their representatives will give you an amount that they are willing to cover that aligns with the policy limits of the at-fault driver. Even if this initial offer seems enticing, do not accept it before reviewing it with an attorney. Many companies will start off with a low figure to avoid paying for damages.

Sometimes, an insurance adjuster will call you for more information before deciding whether to approve your claim. In these instances, it can be helpful to immediately refer them to your attorney. While it might make sense to fill in an adjuster on what happened, in many cases, they will use what you say against you to offer a reduced settlement amount or deny your claim outright. An attorney in Lafayette, LA can prevent this from happening.

If your claim gets denied by an insurance company, it will probably send a letter stating its decision and the reasons behind it. This does not mean that you are entirely prevented from receiving compensation. Reviewing this letter with an attorney can help inform you about what your next steps could be. Some situations only require additional evidence for approval, while others require submitting a formal appeal.

There are instances in which an individual and the insurance company cannot agree on a settlement amount, or the company refuses to pay anything. In these cases, it might be beneficial to file a civil personal injury claim with the court. This move can be risky, but it can pay off with an attorney who is experienced in car accidents and personal injury law.

Lafayette Car Accident Lawyer FAQs

Q: What Should I Do After a Car Accident in Louisiana?

A: After a car accident in Louisiana, you should check for injuries and call for emergency services. Once everyone is accounted for, try to move the vehicles affected to a safe spot away from traffic to prevent further collisions. Try to document the scene, if possible, by taking photos and videos of the accident, the cars involved, the road conditions, and the traffic signs around the collision. Finally, consult a car accident attorney to determine your next steps.

Q: What Information Should I Have for a Car Accident Claim?

A: For a car accident claim, it’s good to have as much evidence as possible. Some helpful pieces of information include photos of the accident as well as the contact information of any witnesses who saw the accident happen. Get the details of the other drivers involved in the accident, including their vehicle and insurance information. After the accident, retrieve a copy of the police report to submit to the insurance company, as it can prove that the accident happened.

Q: Can You Sue for Pain and Suffering After a Car Accident in Louisiana?

A: It is possible to sue for pain and suffering after a car accident in Louisiana. These types of damages are called non-economic damages and are meant to cover intangible issues that arise after an accident. Other non-economic damages can result in compensation for losing the ability to enjoy certain hobbies or activities due to your injuries. For more information on what types of damages you might be compensated for, contact a personal injury attorney.

Q: What Does a Personal Injury Attorney Do After a Car Accident?

A: A personal injury attorney can help tremendously after a car accident. Their experience in personal injury law can help you negotiate with insurance adjusters to make sure that you can receive appropriate compensation. They can also assist with gathering evidence, like police reports and medical paperwork, to prove your claims. An attorney can keep you informed of what’s going on during the negotiation process so that you always know what’s happening in your case.

The Earlier, the Better

Don’t wait to file a claim for a car accident. There are tight deadlines imposed by both insurance companies and the state of Louisiana that limit how long people have to file car insurance claims. An attorney can make sure your claim is filed on time and correctly so you can get your life back as quickly as possible. To learn more about how a car accident lawyer can help with the aftermath of your car accident, schedule a consultation with the Cox Law Firm today.