Car Accident Attorney Baton Rouge: Hire Lawyers To Prove Your Claim!
Whether it’s a mild fender bender or a serious auto wreck, car accidents happen every day in Baton Rouge. However, simply being careful isn’t always going to prevent them from happening! If driving conditions are bad or another person on the road is careless, even the most cautious driver can find themselves in a car accident.
Car accidents can cause damage to the vehicle and endanger the safety of a driver and passengers. In some cases, car accident victims are left with permanent physical and mental injuries. All of these factors can create a serious financial dent that will often be left uncompensated.
If you or a loved one have been in a Baton Rouge car accident, reach out to our firm for help. We’ll give you a free consultation with a car accident lawyer in Baton Rouge, so you can get the best settlement from the insurance company or driver.
Determining Who Was Negligent In Car Accidents?
During your consultation, a Baton Rouge car accident attorney will ask for more details to establish negligence. Though there may have been carelessness on the part of the other driver, or failure of local authorities to maintain safe road conditions, every driver is still required to observe a certain standard of care.
These are the four elements of proof we look for in a Baton Rouge car accident:
- Duty of care: Another party, such as a driver or a government agency, was required to observe a certain standard of care.
- Breach of duty: The party mentioned above failed to observe that standard, which resulted in injury to you.
- Proximate cause: Also known as “cause in fact” or “causation”, this simply means that if it were not for the other party, there wouldn’t have been any injury.
- Damages: There is proof that you suffered a loss or injury as a result of the other party’s actions.
If you apply for our help, we need to act quickly to preserve any physical evidence since it can be easily disturbed mere hours after a car accident. To prove your case, a car wreck lawyer from our firm will immediately start the documentation process.
Award-Winning Car Accident Lawyers in Baton Rouge
2019 Louisiana Car Accident Statistics
A 2016 study by Nerd Wallet listed both Baton Rouge and New Orleans in the top 10 most dangerous cities for vehicular injury. Car accident injuries (2019) for East Baton Rouge Parish and the state of Louisiana are shown in the tables below.
- In 2019, injuries have occurred in 23% of auto accidents in Baton Rouge.
- In 2019, injuries have occurred in 28% of auto accidents in Louisiana.
East Baton Rouge Parish Injury Crashes by Month
(through September 2019)
| Month |
Injury Crashes |
All Crashes |
Injury Crashes as a % of Total |
| January |
395 |
1720 |
22.97% |
| February |
382 |
1747 |
21.87% |
| March |
439 |
2013 |
21.81% |
| April |
426 |
1895 |
22.48% |
| May |
450 |
1866 |
24.12% |
| June |
375 |
1624 |
23.09% |
| July |
386 |
1496 |
25.80% |
| August |
402 |
1668 |
24.10% |
| September |
303 |
1355 |
22.36% |
| October |
0 |
0 |
0% |
| November |
0 |
0 |
0% |
| December |
0 |
0 |
0% |
Source: LSU Highway Safety Research Group
Louisiana Laws Concerning Car Accidents & Injuries
What Is the Statute of Limitations in Baton Rouge?
Car accident claims in Louisiana must be filed within one year of the date of the occurrence, according to (Louisiana Civil Code). You should note that the statute of limitations does not apply to a car insurance claim. Lawsuits involving injury or property damage must be filed within one year, and the one-year “clock” starts running on the date of the accident. This includes any claims for injury or vehicle damage by a driver, passenger, pedestrian, motorcyclist, or bicyclist after a traffic accident.
Limits On Damages
In most cases, Louisiana has no cap on damages in personal injury or traffic accident cases. While there are no damage caps in most of these cases in Louisiana, if the accident involves a government agency, there is a state-imposed limit of $500,000 on the total amount of damages you can receive.
Additionally, the state of Louisiana does impose a relatively short time limit on how long a driver may wait before filing a lawsuit (the statute of limitations). In Louisiana, the limit is a mere one year.
Finally, for serious personal injuries that lead to hospital stays, Louisiana’s state-imposed cap on medical malpractice could prevent you from recovering your full damages. If a medical professional exacerbates your injury, an individual medical professional may only be held liable up to $100,000, and your total recovery is limited to $500,000 (the Patient’s Compensation Fund pays up to $400,000). Source: FindLaw: Louisiana Car Accident Compensation Laws.
Compulsory Coverage Rule
Louisiana has a ‘compulsory coverage’ rule (also referred to as ‘pay to play’). The compulsory coverage rule prevents an injured party from recovering for the first $15,000 of bodily injury and for the first $25,000 of property damage if the injured party is uninsured.
While the compulsory coverage rule may seem harsh to injured parties, the ‘pure comparative fault’ system Louisiana uses is quite generous. Under the ‘pure comparative fault’ rule, as long as a driver is less than 100% at fault, that driver may recover a portion of that driver’s damages. For example, if a driver is found to be 99% at fault and suffers $10,000 in damages, that driver may still recover $100 in damages. This is a stark contrast to certain other states where a driver who is more than 50% at fault would recover nothing. Source: FindLaw: Louisiana Car Accident Compensation Laws.
Comparative Fault System
While the compulsory coverage rule may seem harsh to injured parties, the ‘pure comparative fault’ system Louisiana uses is quite generous. Under the ‘pure comparative fault’ rule, as long as a driver is less than 100% at fault, that driver may recover a portion of that driver’s damages. For example, if a driver is found to be 99% at fault and suffers $10,000 in damages, that driver may still recover $100 in damages. This is a stark contrast to certain other states where a driver who is more than 50% at fault would recover nothing. Source: FindLaw: Louisiana Car Accident Compensation Laws.
Frequently Asked Questions
Before we can file your claim for personal injury, our auto accident attorneys in Baton Rouge need to establish what caused your accident in the first place. In virtually every car accident case we’ve handled, there is always another party responsible.
The first possible cause of an auto accident is distracted driving. From answering phone calls to talking to passengers, all it takes is a brief distraction to make a driver take their eyes off the road to get into accidents.
Another major cause of auto wrecks is driving under the influence. Drugs and alcohol tend to impair judgment even in small doses and can make drivers less aware of their surroundings.
A third factor is road safety. If the government has neglected to repair roads in Baton Rouge, LA, the proper agency can be held responsible. This includes potholes, lack of safety signs, and unsafe road construction.
Roadwork, whether caused by government agencies or private companies, can also cause accidents. If construction materials are blocking the way or crew workers are careless, this may result in an unsafe driving environment.
Lastly, even if driving conditions are perfect and both drivers are careful, there may have been a manufacturing defect in the car. Every manufacturer has a duty to test their products for safety in the event of car accidents. We can hold the manufacturer liable for damaged or defective parts if these caused the accident.
In some cases, all of these factors are present and can entitle you to a much larger claim from all of the involved parties. If you choose us to represent you, our law firm will swiftly gather all the evidence needed to establish every possible cause.
What If I Am Partially Responsible For The Collision?
There’s a certain standard of care that has to be observed by everyone on the road, and many law firms may refuse to help with your case if you were also negligent. However, we at Babcock Injury Lawyers can still file a personal injury suit if we can prove that you were less responsible for the accident.
Being partially responsible doesn’t mean that you won’t get compensated. It will, however, reduce the claim you can receive. A Baton Rouge attorney from our firm can help assess your situation and prove that you were less responsible for the wreck, maximizing your final compensation.
What Can I Be Compensated For After Car Accidents?
Our auto accident attorneys will sort personal injury compensation into two types: economic and non-economic. Economic items are those that have a clear and apparent value, like the cost of medical care after the accident and repairs to your vehicle. These normally have receipts and a specific value, so they’re fairly easy to prove. Non-economic items are those that don’t have a readily assessed value. Items that fall under this category include compensation for emotional trauma after accidents, diminished future income, and loss of companionship.
While the value of non-economic items is not fixed under the law, these factors can heavily impact your life and financial future. Our attorneys can negotiate their values so you can get the best possible compensation for your personal injury suit.
If you’re uncertain if something falls into either of these categories, please don’t hesitate to bring it up to our Baton Rouge lawyer. We welcome all questions and information about your accident during your consultation. With more information, we can help establish if something is compensable and make sure your lawsuit includes every possible item.
