Navigating The Aftermath of a Car Accident in New Orleans
Car accidents are a harsh reality on the busy streets of New Orleans. The Center for Analytics and Research in Transportation Safety reports concerning numbers of motor vehicle collisions across Louisiana in recent years—with 755 fatal crashes and over 38 thousand injury crashes in 2023 alone. These accidents often leave victims with severe injuries, mounting medical bills, and emotional distress.
In the aftermath of a car accident in New Orleans, it’s crucial to have a knowledgeable and experienced legal advocate on your side. At Dudley DeBosier, our dedicated team of New Orleans auto accident lawyers understands the complexities of these cases. We can provide compassionate guidance and relentless representation to protect your rights and help you get the compensation you deserve.
Who Is Liable for a New Orleans Car Accident?
Louisiana is an at-fault state. Personal Injury law protects you and your property from the damages inflicted by someone else’s negligence. Therefore, the driver found responsible for the car accident carries the burden of financial losses endured by other drivers in the crash.
Coverage is paid out after investigations into the crash to determine who was liable for the accident. Insurance company investigators and law enforcement carry out investigations to determine the fault in car crashes.
There are specific points that prove a driver was responsible for a car crash:
- Breach of Duty: The evidence proves that the responsible driver violated or breached a duty of care through a certain behavior.
- Duty: The evidence proves that the at-fault party owed duty of care, and was supposed to behave responsibly and safely to avoid harming other drivers, such as by obeying traffic laws.
- Proximate Cause: The at-fault driver’s actions or behavior are directly linked to the injuries and damages the plaintiff suffered.
- Damages: The evidence shows conclusively that injuries were suffered due to the at-fault driver’s behavior.
While driver error contributes to a significant number of car crashes in New Orleans, it isn’t the only cause. Still, other parties such as road construction crews, trucking companies, auto parts manufacturers, and bus companies can also be liable for an auto accident under certain circumstances. That’s why it’s always important to involve a New Orleans car wreck lawyer to help untangle the mess of who can be held accountable for your injuries.
If you need legal help, contact our team today for a free consultation.
Types of Car Accidents in New Orleans
Auto accidents can take many forms, and each type can have serious consequences for those involved. Understanding how different types of crashes happen—and the injuries they often cause—can help victims recognize when another driver’s negligence may have played a role.
Here are some of the most common types of auto accidents in Louisiana:
- Wrong-Way Accidents: Wrong-way collisions occur when a driver travels against the legal flow of traffic on highways, interstates, or one-way streets. These crashes typically result in head-on collisions at high speeds and can be catastrophic or even fatal due to the immense force of impact.
- Multi-Vehicle Accidents: Also known as chain-reaction crashes, multi-vehicle accidents involve three or more vehicles. These accidents are especially dangerous because victims may be struck multiple times from different angles, increasing the risk of serious injury. Determining fault can also be more complex in these scenarios, especially since fault may be divided between multiple drivers.
- Head-On Collisions: A head-on collision happens when two vehicles traveling in opposite directions crash front-first into one another. These are among the deadliest types of crashes, particularly when they occur at high speeds. Survivors often suffer traumatic brain injuries, spinal cord damage, or internal organ injuries.
- Rear-End Collisions: In a rear-end crash, one vehicle strikes the back of another. These are frequently caused by distracted driving, tailgating, or sudden stops. Victims commonly suffer whiplash, back injuries, and sometimes concussions, even in low-speed impacts.
- Rollover Accidents: Rollover accidents occur when a vehicle flips onto its side or roof, often due to sharp turns, high speeds, or collisions with other vehicles or obstacles. SUVs and trucks are more prone to rollovers. These crashes can trap occupants inside the vehicle and lead to severe trauma or fatalities.
- Failure to Yield Accidents: These accidents occur when a driver fails to yield the right-of-way as required at intersections, stop signs, or when merging onto highways. Failure to yield can result in side-impact or “T-bone” collisions, which often cause significant injuries to the occupants on the struck side of the vehicle.
- Distracted Driving Accidents: Distracted driving includes any activity that takes a driver’s attention off the road, such as texting, eating, adjusting vehicle or entertainment controls, or talking to passengers. These accidents can take many forms on the road, including many of the crashes listed above, and are entirely preventable.
Where Do New Orleans Car Accidents Often Occur?
Car accidents can happen anywhere in New Orleans, but certain streets, intersections, and highways see a much higher rate of collisions due to heavy traffic, complex road layouts, and frequent driver error. Understanding where accidents are most likely to happen can help drivers stay alert and may be important for building your personal injury claim.
- Interstate 10 (I-10): One of the busiest roadways in New Orleans, I-10 is a frequent site of high-speed collisions, especially near the downtown exits and on-ramps like Claiborne Avenue and Carrollton Avenue.
- Interstate 610 (I-610): This heavily trafficked bypass sees frequent congestion and merging issues, making it a common spot for multi-vehicle crashes.
- US Highway 90 / Pontchartrain Expressway: Sharp curves, heavy commercial traffic, and high speeds along this stretch contribute to many serious accidents.
- Crescent City Connection Bridge (US 90 Business): This vital bridge between the Eastbank and Westbank often experiences rear-end collisions and sideswipe accidents due to sudden lane changes and traffic backups.
- Canal Street and Claiborne Avenue: This busy intersection is known for heavy vehicle, pedestrian, and streetcar traffic, increasing the chances of accidents.
- Chef Menteur Highway (US 90) in New Orleans East: High speeds and complex intersections make this corridor a hotspot for serious crashes, especially near Downman Road.
- Elysian Fields Avenue and Gentilly Boulevard: This intersection sees frequent accidents due to heavy commuter traffic and large commercial vehicles traveling to and from the Port of New Orleans.
- School Zones and Tourist Areas: Locations near the French Quarter, Garden District, and local schools often experience congestion and distracted driving incidents.
- Parking Lots and Downtown Streets: Tight spaces, heavy pedestrian activity, and frequent stop-and-go traffic increase the likelihood of low-speed collisions and fender-benders.
What Should I Do After an Auto Accident in New Orleans?
Once a car accident occurs, the clock starts ticking immediately. If you wait for too long, you risk missing out on vital steps that could make it challenging or impossible to pursue your claim. Here are the steps you should follow to increase your chances of successfully pursuing your claim.
- Remain at the accident scene – Some accident victims leave the accident scene before the police arrive. This is one of the mistakes to avoid after an auto accident in New Orleans because it might make you ineligible to make any injury claims. Besides, pursuing property damage claims might be hard or impossible if you don’t have backing from police reports.
- Call 911 – The law in Louisiana requires that a driver must report an auto accident immediately if the crash results in injuries, death, or property damage that exceeds $500. Therefore, call the police once the accident occurs to comply with this law. Also, call emergency services and explain your situation and any injuries you or other people may have sustained. Try using simple and clear messages.
If it’s possible, you can make the accident scene safe for others. Check on other drivers to confirm there aren’t any medical emergencies. If you can and, if necessary, provide immediate medical assistance. Even when there are no injuries, you should report the incident to the authorities due to property damage. You can also try moving the damaged cars out of the way to prevent other vehicles from hitting them as they pass the scene, especially at night when there is reduced visibility. - Gather as Many Details as Possible from the Scene – To have an easier time processing your claim, you must gather all the essential details from the accident scene. Get the contact details of other drivers and their insurance information. In case you are injured, you can request a witness or bystander to help collect these vital details on your behalf. If you need immediate medical attention in a hospital, you can call a friend to take the insurance details for you.
Remember to take as many photos of the scene as possible, capturing the damages and injuries. Take pictures from different angles and distances for a better view. Capture all the damaged areas of all vehicles at the scene and the direction from which these cars arrived. These photos play a crucial role in providing evidence to support or prove your claim. - See a Doctor for Treatment of Your Injuries – Whether the accident resulted in minor or severe injuries, make sure you see a medical professional. A doctor will document the full extent of your injuries, which acts as extra evidence. Medical experts will also evaluate your body for any possible injuries that may arise later or that may be dulled by adrenaline due to the crash. Many insurers consider the fact that a victim sought treatment the same day of the accident when determining the severity of their injuries. Therefore, even if you only get a medical evaluation at urgent care, it will be crucial to your case. Remember to keep track of all payments related to the injuries to get compensation later.
- Contact Our New Orleans Injury and Accident Lawyers – Contacting a car accident lawyer in New Orleans is another crucial step in your case after getting involved in an accident. Our auto accident lawyers at Dudley DeBosier will assess your case and guide you through the legal process. We will help you with everything from negotiating with insurers to making medical evaluations. Our legal team will also help you avoid mistakes by:
- Helping you collect evidence that you might not be in a position to collect later
- Protect you from making unnecessary statements that can compromise your case
- Observe New Orleans deadlines for filing an accident case
In addition to these five steps, it’s also vital to obtain a copy of the accident report. This report would have been created when you or someone else called 911 and a police officer was dispatched to the accident scene. You can request a copy from the New Orleans Police Department.
Finally, dealing with the emotional aftermath of a car accident can be extremely difficult. University Medical Center New Orleans’s Seeds of NOLA Trauma Recovery Center is designed to help people who have experienced traumatic events, including motor vehicle accidents, to heal and move forward with their lives. These programs can be invaluable for dealing with the emotional trauma of such painful and disabling events.
Reach out to Dudley DeBosier today for a free, no-obligation consultation to learn how to proceed with your legal case.
Frequently Asked Questions
How Long You Have to File an Accident Claim in New Orleans
If you are a car accident victim, you must file a lawsuit against the at-fault party within a specific timeframe. In Louisiana, you have one year from the date of the crash to file a claim. If you go more than a year without reporting the incident, the courts will likely dismiss your case since you will have lost the right to sue.
To avoid losing out on your compensation for not filing a lawsuit within the statute of limitation rules, ensure you consult an auto accident lawyer from Dudley DeBosier. We know the laws in New Orleans, so we’ll make sure we take action within the required timeline.
Note that there are some exceptions to the statute of limitations in Louisiana, although they rarely apply. These exceptions include:
- The Discovery Rule: The statute of limitation can potentially be deferred when injuries are not immediately discoverable (primarily injuries that arise over time following the accident; for example, post-traumatic arthritis). Therefore, you could potentially have a year from when the injury became known.
- The Injured Minors Rule: If the injured victim is a minor under 18 years, the statute of limitation doesn’t start running until the individual turns 18 years.
- The Shared Liability Rule: Some auto accidents may involve multiple at-fault parties, leading to an extension of the one-year statute of limitation. These can be in cases where a crash involves three or more cars, such as in a pileup in traffic, and at least two of the drivers share similar blame. However, as the plaintiff, you must first file a lawsuit against one at-fault party within the one-year timeframe. Once you’ve satisfied this condition, you will have more time for another case that shares the liability.
How Much Compensation Can I Expect After a Car Accident in New Orleans?
There are several remedies for victims of auto accidents in New Orleans. Even if you sustain only minor injuries, you can still get financial compensation. However, if you suffer severe injuries, you will need substantial compensation covering even future medical needs. Code 2315 of the Louisiana law requires the responsible person who harms another individual to provide financial settlement.
Your damages can be categorized into:
- General Damages: This type of loss isn’t calculable in exact dollar values. It can include mental anguish, loss of enjoyment of life, pain and suffering, and loss of consortium. Loss of consortium involves the damages for loss of a spouse due to another’s negligence.
- Special Damages: Damages that compensate an injured party for the specific losses they underwent, including the out-of-pocket costs, are special damages. Under Louisiana law, special damages can include lost wages, property or vehicle damage, medical expenses related to the accident, present and future, and funeral expenses in event of death.
It’s important to note that, in most cases, you must carry the state’s minimum liability auto insurance coverage to be eligible for compensation after a crash—including one that wasn’t your fault. This stipulation is due to Louisiana’s “no pay, no play” law.
If you’re ready to explore how much your case is worth, or if you’re wondering if you may still be eligible for compensation after a crash when you were uninsured, get in touch with Dudley DeBosier today for a free consultation.
How Can I Make Sure I'm Asking for Enough to Cover Me for What's Ahead?
There is often no amount of settlement that can truly be sufficient for car accident victims, especially if they sustain permanent disability or death, since no amount of money can turn back the clock to undo the pain and trauma they suffered. However, getting compensated can help pay for health expenses and other financial obligations you may have to pay for the rest of your life, such as rehabilitative costs.
To ensure you get enough monetary compensation to cover each resulting cost, always involve a New Orleans auto accident lawyer to help you do all the calculations. Make sure you include both the special and non-general damages.
While pursuing your case, ensure you have strong legal advocacy. The car accident lawyers at Dudley DeBosier can help you through the entire settlement process. Reach out today to speak to our team.
What if I Was Partially At-Fault for the Auto Accident?
In some cases, you might be partially at fault for the accident that left you injured. Maybe you glanced down for a few seconds to adjust the radio frequency or exceeded the acceptable speed limit in a particular area.
Regardless of what happened, make sure you file an auto accident claim. Louisiana’s comparative negligence rule states that even a partially at-fault victim can still recover compensation. However, your recovery will likely be reduced by your degree of fault.
How Can an Attorney Help Me With My Claim?
A car accident lawyer is a vital resource in the days following an auto crash in New Orleans. Your attorney will provide you with the right advocacy, knowledge of the law, and advice when dealing with the legal system.
Fighting Against Insurance Company Claim Denials
A crucial role of an auto accident attorney is to help you fight back against insurers’ denials. You may assume that insurance companies are always open to offering a monetary settlement to cater for your injuries and damages after an accident. This isn’t the case, and in some circumstances, you might have to go to court to compel some insurers to honor their provisions.
Don’t accept being a victim twice after an auto accident by having the insurer take advantage of you. An auto accident lawyer in New Orleans can handle the litigation if the insurance firm attempts to dispute your compensation claim. Keep in mind that insurers have enough resources to hire their own lawyers. Their legal teams may try to take advantage of your situation because you aren’t familiar with the law and may push you to accept a low offer by telling you that it’s the best offer you will get and won’t be available later.
Claim Additional Compensation
Your insurer and the insurance company of the at-fault driver can only provide a limited amount of funds after an auto accident. Yet, you may have some expenses that aren’t part of what’s covered in these policies. A car accident attorney can help you file injury lawsuits against drivers who cause additional harm through reckless or negligent behavior. This way, you can make up the difference between the amount covered by insurance and your damages.
The extra compensation can help cover expenses like:
- Emotional distress
- Ongoing medical cares
- Lost wages
- Permanent disability
- Excessive property damage
- Pain and suffering
Do I Need a New Orleans Car Accident Lawyer?
A personal injury lawsuit or an auto accident claim aims to reimburse an accident victim for the losses resulting from another driver’s negligence. The compensation helps to ease the financial burden of paying for serious injuries. Some of the damages can include:
- Disfigurement
- Medical expenses
- Loss of consortium
- Pain and suffering
- Income losses
- Loss of quality of life
However, pursuing justice for your case while still healing from car accident injuries isn’t as simple as you may think. The services of a New Orleans auto accident lawyer like those at Dudley DeBosier can help. An attorney will navigate the complex legal procedures and pursue maximum settlement for your case. They can help gather all the necessary evidence relating to your case, do the paperwork, handle the insurance settlement, case representation, and more.
Whether the driver who struck you was using a cell phone or was drunk before the crash, our attorneys can determine liability and help you file a claim against the at-fault party. Accident attorneys can also interview witnesses and collect police reports while pursuing your case. We can negotiate with the involved insurance companies to make sure they offer a settlement worth your injuries and damages. If the insurer fails to provide fair compensation, we will take your case to court.
Even if a crash happened when you were out of state, reach out to us immediately for a free assessment of your case.
Get Legal Representation from Dudley DeBosier After a Car Accident
When dealing with auto accidents in New Orleans, always seek legal assistance from the lawyers at Dudley DeBosier. No matter who caused the crash, we can handle your entire case, conduct the investigations, interview witnesses, take care of all the paperwork, and even move to court if you don’t get a fair settlement.
With our legal team by your side, you can concentrate on getting quality medical treatment after the accident and leave the rest of the work to us.
So, how do you get started with your car accident case? Here is a free resource that can guide you on what to do next.
If you need help with another type of case, check out our other services and find the right New Orleans injury lawyers for your situation. You can also contact us anytime to schedule your free consultation.
Reviewed by Chad Lederman at the New Orleans Dudley DeBosier office. You can reach Dudley DeBosier by calling 866-897-8495. Attorneys at Dudley DeBosier are licensed to practice in Louisiana, Mississippi, and Texas.
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- Head southeast on I-10E and keep right at the fork to follow signs for New Orleans Business District.
- Keep right on I-10 E toward Slidell.
- Take exit 234B on the left onto Poydras St. toward Superdome.
- Continue onto Poydras St. and our office is on the right.
Coming from Metairie or I-10 West
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Coming from the Gretna or the West Bank (US-90 Bus W)
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- Turn right onto Poydras St and our office is on the right.
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Dudley DeBosier’s NOLA office has wheelchair-accessible parking adjacent to our building. If you need additional parking options, there are several nearby lots, including LAZ Parking, located at 600 Loyola Ave., and Premium Parking (P0168), located at 1123 Poydras St.
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If you plan on using mass transit, you can visit the New Orleans Regional Transit Authority (RTA) website to see details about hours of operation, fare rates, and relevant phone numbers.
