Rear-End Collisions – What If You Did Not Cause The Accident?
Even though there is a presumption under Louisiana law that the rear, or ‘following’, vehicle is negligent when a rear-end accident occurs, Louisiana law also allows the rear vehicle to escape liability by proving that the lead vehicle negligently created the hazard and accident. This law can be important especially if you have been [...]
Rear-End Collisions – Is The Rear Car Always Wrong?
In Louisiana when a rear-end collision occurs the law actually provides a presumption that the rear, or ‘following’, motorist was negligent. If you are injured in a rear-end collision in Louisiana, you can assume that the rear car that caused your accident and injury was negligent. This is provided through case law as well as [...]
Guest Passenger Suits – When Your Driver Is At Fault
As lawyers, we often interview multiple individuals who were driving in the same car at the time of an accident. During these types of interviews, often the guest passengers of the vehicle have very different rights and greater rights than the driver of the vehicle. In Louisiana, guest passengers are allowed to file “guest passenger” [...]
Bad faith claims against your insurer
In Louisiana your automobile insurance company has a duty to handle your claim in a good faith fashion. This is often called the good faith duty that is owed to you by your own insurance company. Louisiana law allows individuals to file a claim against their own insurance company if their insurance company has failed [...]
Types of damage claims under Louisiana law
Under Louisiana law an individual injured in a vehicle accident can file suit for any type of damages directly caused by the accident. Typically these damages include the individual’s pain and suffering due to the injuries, the individual’s property damage which may have been caused to their vehicle, the individual’s loss of income or wages [...]
Location of Suit
The location where a suit can be filed arising out of an automobile accident in the state of Louisiana is governed by several Louisiana law rules. Under the Louisiana Code of Civil Procedure, a automobile accident lawsuit can be filed where the automobile accident occurred as well as in any proper parish that suit can [...]
Time limitations for filing suits
In Louisiana all personal injury suits arising out of a “tort” must be filed within one year of the negligent act that caused damage. This one-year statute of limitations applies to typical automobile accidents and other vehicle accidents. However, a suit to collect UM damages which must be filed against your own insurance company (since [...]
