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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

Possible Causes Of Auto Accidents: Who Or What Is Responsible?

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.

What Steps Should You Take
After a Car Wreck in Baton Rouge?

If you have never been in a serious wreck before, it is very easy to make costly mistakes in the aftermath. At Babcock Injury Lawyers, we want you to put yourself in the best position to collect a full financial recovery.

We suggest that you do the following:

See a doctor after a car accident

For the sake of your health, you need to get checked for injuries. You also need to establish a record of those injuries. You can prevent the insurance company from arguing that your injuries are not as severe as you claim or that they are unrelated to your accident.

Get a copy of your crash report after a car accident.

This report will play a key role in the accident investigation. You can call the police or sheriff’s office that responded to your crash. You can also go online and get a copy from the Louisiana State Police Statewide Crash Reports website.

Gather your information after a car wreck

Collect and store all photos you took at the crash scene. You should also gather name and contact information for the other driver involved in the crash and any witnesses. Also, keep copies of your medical bills, receipts and insurance company letters.

Write it down- everything you can remember about the car crash

Summarize everything you can recall about the crash. These notes will jog your memory when you need to recall details later on. You should also keep a journal that tracks your recovery from your injuries.

Notify your insurance company about the car accident

Your insurance policy probably requires you to report your crash. Comply with the policy and protect your right to file a claim with your owner insurer if it is necessary down the road.

Do not talk with any other insurance company after the car accident

If the other driver’s insurer calls you, decline to give a recorded statement or to accept any settlement offer until you talk with a lawyer first. The insurer could try to use your statement against you. Also, the settlement offer is likely to be a lot lower than the actual worth of your case.

Take a break from social media

Today, insurance companies mine social media sites for information. You should never talk about your crash on Facebook or Twitter. Even seemingly innocent photos you post of yourself with family and friends could be used against you. Until your case is resolved, you should simply stay off social media.

Tips After a Baton Rouge Car Accident

Being involved in a car accident is never a spot anyone wants to be. The effects can be extremely detrimental to your health and overall well-being. Bills can add up at mind-boggling speeds, and certain injuries can inhibit your ability to work efficiently and can leave you struggling to financially provide for both you and your family. If you ever find yourself in a car-wreck, ensuring that you take the right steps can mean the difference between getting back on track or having a tough road to recovery. In you are involved in an accident, the most important processes are:

  • Stay put – never drive away from the scene of an accident, no matter the severity.
  • Notify the authorities – Having the police document the accident will help along the way with insurance and in other law-related areas.
  • Protect the area – putting up indicators of the accident can prevent further collisions from unfolding.
  • Find medical attention – your health is critical. If you find yourself injured, get to a hospital or call an ambulance immediately.
  • Check for witnesses – anyone that can help corroborate the events of the accident will ensure accuracy and help with the investigation.
  • Be concise – when recording the events do not embellish the scenario and be as detailed as possible.
  • Photograph the scene – having photographic proof is vital.
  • Trade information – from an insurance and legal perspective, it is imperative that you exchange information with any involved party.
  • Organize documents – any records of the incident should be organized properly in case they are needed.
  • Know the law – if your rights were violated in any way, you might be eligible for compensation. If you are unsure, contact our attorneys.

If an accident was something you recently endured, our experienced Louisiana lawyers at Babcock Injury Lawyers may be able to help get you a fair settlement in court. Call us today at (225) 500-5000.

What Steps Can Our Lawyers Take For You
After an Auto Accident in Baton Rouge?

01. Provide a free case review

We can learn all about your case and answer any questions you may have about your rights, your legal options and the process that goes into pursuing a car accident settlement or verdict. Our law offices aim to establish attorney-client relationship that transcends the free case evaluation process.

02. Investigate your accident

We can visit the crash scene, inspect the vehicles, analyze photos, review your medical records and examine all other evidence of the crash. We will determine why the wreck happened and who should be held responsible.

03. Consult with experts

We work with highly qualified experts from many fields, including accident reconstruction and life-care planning. They can help us to prove liability and the amount of compensation you will need to move on in life.

04. Deal with the insurance company

We can use all of the evidence in your case to demand a full and fair settlement from the at-fault party’s insurance company. We are skilled negotiators who won’t back down at the negotiation table.

05. File a lawsuit

Many car accident cases can only be resolved by filing a lawsuit. Filing a complaint in the proper court can spur the insurance company to act and, ultimately, lead to a settlement that fully compensates you.

06. Fight for you in court

As you can see from our profiles, we are trial lawyers, first and foremost. We thrive in the courtroom. You can trust us to present a solid case on your behalf.

07. Keep you informed

We will keep you regularly updated about your case’s progress and always be available to take your calls and answer your questions. Steady, open and honest communication is one of the most important services we provide to our clients.

Car Accidents Can Leave
Permanent Injuries?

One of the greatest factors in the final value of your personal injury claim is the extent of your injuries. Simply put, the more severe your injuries, the larger the compensation you deserve. Our Baton Rouge attorneys will help you evaluate the gravity of your injuries and attain a fair settlement.

Many victims suffer lifelong injuries that will require regular therapy and care, such as traumatic brain injury or spinal cord damage. For the worst injuries, you have a right to receive greater compensation for covering the cost of continuing treatment.

Even if your injury is not as severe, it can still impact your finances and wellbeing. So, regardless of the degree of your injury, our attorneys will help you get compensation for what you have suffered.

Collecting From An
Insurance Company After A Car Accident

Many people involved in car accidents soon find out that an insurance company isn’t always willing to help. Because every payout is profit for the company, they will find ways to lower a claim or even deny it outright by blaming you for the accident. They want to settle quickly and for the smallest sum possible – leaving you holding the bag.

With the help of a Baton Rouge accident attorney from our firm, no insurance company will be able to take advantage of you. Our firm’s attorneys will ensure you have seasoned counsel negotiating your claim and communicating on your behalf.

Let us know how much the insurance company is offering you. Our attorneys can advise you on their offer and prevent the opposition from twisting your statements against you.

How Can Attorneys Help
You After Car Accidents?

We know that investigating your car accident alone can be a heavy burden, especially if you’re still recovering. Babcock Injury Lawyers can help lift that burden off your shoulders, initiating the investigation process for your personal injury suit.

Here are some of the vital tasks which our attorneys will undertake to prove your personal injury claim and get your rightful compensation.

  • Gather witness interviews and testimony about auto accidents.
  • Talk to police authorities and government agencies to get their official reports and documents.
  • Document your injuries and collect evidence; including billing for medical care and photographs.
  • Handle communications with insurance companies and the other driver responsible for your injury.
  • Obtain footage from surveillance and traffic cameras, and video footage from cameras on private property.
  • Collect any other evidence that can prove compensable items and causes of personal injury, including a psychological evaluation, accident reports, and part manufacturer information.

After your free consultation, you can hire our attorneys to handle all this and more. This will give you the time you need to heal from your accident. Our team of attorneys are experienced at handling car accident cases and can quickly collect evidence for your personal injury claim.

Contact Our Law Firm
For A Free Consultation

If you or a loved one have been in a Baton Rouge car accident and need legal advice, reach out to us for a free consultation with our attorneys. Our auto accident injury lawyers have many years of experience and have successfully litigated many claims involving car accidents in Baton Rouge.

Babcock Injury Lawyers is one of the best personal injury and auto accident law firms in Baton Rouge, LA. Our highly-professional Baton Rouge lawyers will ensure that you are fairly compensated by insurance companies and erring drivers.

We work with car accident victims and their families in Baton Rouge and throughout Louisiana. We can go to work for you today. Call or reach us online for a free case review.

Directions to our Baton Rouge Office

Please note: We can come to you if you are injured and unable to make it to our office.

Babcock Injury Lawyers is located on Siegen Lane in Baton Rouge. It is situated between Highland Road and Perkins Road. Our office is located minutes away from Louisiana State University, the Baton Rouge Bluebonnet Swamp, and the Mall of Louisiana. Our Baton Rouge office serves the greater Baton Rouge area including Denham Springs, Prairieville, Central, Baker, Livingston, Gonzales, Plaquemine, and Zachary.

Coming from Downtown or West Baton Rouge:

Once you have passed Bluebonnet Boulevard, get in the right lane and exit onto Exit 163 toward Siegen Lane. Keep to the right on Interstate 10 East Access Road. Take a right onto Siegen Lane and make your way to the middle or left lane. Continue south on Siegen Lane. You will cross over Perkins Lane and then come to a slight “S” curve in Siegen Lane. After the “S” curve, make a legal U- turn and our office park will be the second drive on your right. You will see the Babcock Injury Lawyers sign.

Coming from Hammond or I-12 Baton Rouge:

Keep to the right as you approach the I-10 / I-12 split and take Exit 1A to I-10 East. Once you have passed Bluebonnet Boulevard, get in the right land and exit onto Exit 163 toward Siegen Lane. Keep to the right on Interstate 10 East Access Road. Take a right onto Siegen Lane and make your way to the middle or left lane. Continue south on Siegen Lane. You will cross over Perkins Lane and then come to a slight “S” curve in Siegen Lane. After the ”S” curve, make a legal U- turn and our office park will be the second drive on your right. You will see the Babcock Injury Lawyers sign.

Coming from Gonzales (South Baton Rouge):

Keep to the right as you approach Baton Rouge, and take Exit 163 from I-10 West. Keep to the left after you exit I-10. Take a left onto Siegen Lane and make your way to the middle or left lane. Continue south on Siegen Lane. You will cross over Perkins Lane and then come to a slight “S” curve in Siegen Lane. After the ”S” curve, make a legal U- turn and our office park will be the second drive on your right. You will see the Babcock Injury Lawyers sign.

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