Getting into a fender bender might not seem too serious, even when you get rear-ended. You are probably insured, and you assume the other driver is, too. Hopefully, that is the case, but sometimes rear end car accidents in New Orleans have uncertain results.
You might not be insured and may have questions about how to recover compensation from another driver in court. Our experienced New Orleans car accident lawyer can help you understand how to hold another driver accountable after an accident. Scott Vicknair Injury Lawyers was founded in 2015. Talk to our New Orleans rear end accident lawyer today.
Why Choose Scott Vicknair as Your New Orleans Rear End Accident Lawyer
Scott Vicknair Injury Lawyers’ New Orleans personal injury lawyers remain committed to providing every person with the legal guidance and support they need and deserve when someone else causes them harm.
In these serious accidents, you need an advocate you can count on to remain by your side throughout the process. There are several critical reasons you can trust our legal team over others.
- Experience. With over 121 years of combined legal experience serving the New Orleans area, you can expect us to know how to handle your car accident with precision and aggressive detail.
- Trusted by the courts and the community. Explore our testimonials and take a closer look at our track record in New Orleans. When you do, you will see exactly how much work we put into every case we handle. We take pride in fighting for victims and getting the results they need.
- Respect and exceptional service. Victims of a car accident in New Orleans may be facing countless challenges, financial loss, and pain. We respect you, treat you fairly, and provide transparent, clear insight into your options.
When you put Scott Vicknair Injury Lawyers to work on your case, you get the results you need to move forward with your life. Trust our New Orleans rear end accident lawyer to be the advocate you deserve in these challenging cases.
Set up a free consultation to discuss your accident. Watch our client video testimonials to learn more.
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(504) 500-1111An Overview of Rear End Accidents
One car hitting another from the rear can lead to catastrophic injuries, even in people who feel fine immediately afterward. The sudden impact can snap the head forward, which can lead to neck and traumatic brain injuries on top of bruises or cuts from hitting the steering wheel and dashboard.
Anyone in a car accident should seek medical attention as soon as possible because they might not immediately feel the effects of these kinds of injuries. Injuries can be documented at the doctor’s or emergency room, making proving those injuries easier.
People involved in a rear end car accident in New Orleans should try to document the scene, including taking pictures, getting eyewitness accounts, and asking for a copy of a police report when one is available. A lawyer could help secure the medical and accident documentation needed to successfully bring legal action.
Why Rear End Accidents Happen in New Orleans
Rear end accidents can be devastating, especially if the driver behind you hits you at full force. Although many people believe that it is always the person behind that is at fault in these accidents, that is not always the case. Take a look at some of the most common causes of rear end accidents.
- Driver distraction: If the driver is using a phone, eating, arguing with a child, or otherwise not paying attention to what is happening on the roadway, that increases the risk of a serious accident.
- Brake failures: In some situations, mechanical failures, including brake failures, lurching of the transmission, or tire blowouts, cause these accidents to happen. The driver could not stop.
- Fatigue: Drivers suffering from significant fatigue are also more likely to cause an accident. Reaction times are much longer, and that means the risk that they will respond properly is lowered.
- Irresponsible, unwarranted, sudden stops: If the driver in front stops the vehicle unexpectedly and without good cause, and the vehicle behind slams into them, that front driver could be at fault for operating recklessly.
- Road rage: Aggressive driving, including road rage, can cause drivers to behave in unsafe ways. In situations where a driver tries to brake check the other, they could be at fault for the losses that occur.
- Road conditions: Slippery and wet surfaces, debris in the roadway, or potholes can cause a rear-end accident to happen.
These are only a handful of the most common causes of rear-end accidents. If you are in an accident like this and you have injuries and losses, we encourage you to get medical care right away.
Then, contact our New Orleans rear end accident lawyer before you move your claim forward. Review our case results today.
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(504) 500-1111What is Needed to File a Lawsuit
Car accident lawsuits are usually based on negligence, the legal term for another person’s unreasonable behavior that causes injuries to others.
To show negligence, the person filing suit must show four elements:
- Duty, which is the standard of behavior one person owes to another
- Breach, where a person fails to meet the standard of behavior
- Causation, proving the other driver caused the injuries
- Damages, the expenses incurred as a result of the accident, such as medical costs, lost wages, and pain and suffering
A few specific rules apply to rear end car accidents. First, the injured party must file suit within two years of the accident. Otherwise, the statute of limitations, the amount of time in which a claim must be filed, will run out and stop them from pursuing a claim. Learn more about our team at Scott Vicknair Injury Lawyers today.
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(504) 500-1111What Happens If You Are Partially At Fault in an Accident
The state distributes blame for injuries in percentages under a system known as “pure comparative fault.” When someone is partly responsible for their injuries, their total compensation could be reduced by that percentage under Civil Code § 2323, though they can still recover as long as they are not 100 percent at fault.
Our goal is to minimize any fault placed on your shoulders. When we do, it allows you to recover damages that fit your specific needs. To do this, expect our legal team to build a clear claim for you, backed by evidence. We investigate all parties at fault, including those you may not immediately recognize.
Even if you were told you were at fault in the accident, set up a consultation with our New Orleans rear end accident lawyer. We will review your claim to find out if someone else should be paying for some or all of your losses. Trust us to be the resource you need in maximizing your recovery.
What to Do After a Rear-End Accident in New Orleans
When you are in a rear-end accident, put your safety and that of others ahead of anything else. Get out of the way of further danger and then contact 911 for immediate help. In these situations, there are several steps you can take to protect your rights and health.
- Wait for the police to arrive. Do not leave the scene of the accident if there is substantial damage to the vehicles or injuries have occurred.
- Take photos of the accident, including the damage to your vehicle and the other vehicle. Then, take photos of the road conditions, the surrounding area, and the injuries.
- Ask for the name and contact information of the other driver. You will also need their driver’s license and insurance information. When possible, take a photo of this information.
- Get the name and contact information for any witnesses who saw what occurred. That includes others who may be in the vehicle with you at the time of the accident.
- Go to the emergency room or urgent care to get a full examination. You may not know what injuries you have just yet. This helps document what you are experiencing.
You will need to file a police report if you did not do so at the scene of the accident. You will also need to inform the insurance company of the accident and your right to file a claim.
However, do not file a claim just yet. Instead, contact our New Orleans catastrophic injury lawyer to investigate and build your case for you.
Types of Damages Common in Rear End Accidents
Our team is the reliable resource you need in calculating all of your losses. We will examine all ways in which you suffered physical, emotional, and financial loss related to your accident and then build a claim that incorporates all of those losses.
Some of the most common types of losses in these accidents include:
- Medical costs: You have the right to pursue all costs for medical care, including emergency and ongoing treatment.
- Pain and suffering: Losses for pain and suffering can be critical to helping you recover from the experience.
- Loss of wages: Missed time at work adds up, especially if you miss bonuses or opportunities for career advancement, or your benefits are at risk.
- Loss of earning capacity: In situations where your injuries change your ability to work at your job, you may receive compensation for those losses.
- Property damage: Repairs to your vehicle and any other damaged assets are a component of your claim.
- Loss of quality of life: This includes losses to compensate you for the changes to your life, such as new limitations you have or chronic pain.
- Emotional trauma and mental anguish: The onset of conditions like post-traumatic stress disorder, depression, and anxiety may be a part of your claim.
Our rear end accident lawyer in New Orleans is ready to help you examine all the ways this accident impacted you and changed the course of your life.
We speak to your doctors, employers, and family to document the losses you have. With an evidence-based claim, expect us to aggressively pursue maximum compensation for you.
We are dedicated to maximizing compensation, not just seeking a simple settlement that may not be enough.
Talk to a New Orleans Attorney After a Rear End Car Accident
You or someone you care about might be in severe pain after a rear end car accident in New Orleans, and you might not know what to do next. Fortunately, our attorneys could bring trial experience to your case and offer legal insight and advice.
Reach out to a rear end accident attorney in New Orleans from Scott Vicknair Injury Lawyers who could help you get compensation for injuries and hold the other driver responsible. We do not take a fee unless we win your case.
Rear End Accident FAQs
How Long Do I Have to File a New Orleans Rear End Accident Lawsuit?
Victims of a car accident have two years from the date of their injuries to file a lawsuit. This is the Louisiana statute of limitations.
This law allows you to pursue a lawsuit against those at fault for up to two years, but if you fail to do so after that, you cannot seek legal action.
We do not encourage you to wait that long. Instead, let our New Orleans rear end accident attorney investigate your case fully and seek a settlement.
What is My Rear End Accident Worth in New Orleans?
One of the most common questions our legal team receives is this. The value of your New Orleans rear end accident claim depends on the types of injuries you have, the complexities of those injuries in treatment and recovery, and the cause of the accident.
In every situation, we work to maximize your claim, but there is no way to provide a fair average settlement for a rear end accident because they are all so different.
Do I Need a New Orleans Rear End Accident Lawyer?
There is no law that says you need to hire an attorney to handle your rear end accident claim or lawsuit, but having one can prove vital.
If you have injuries or other losses from the accident, there are disputes over fault, or you are facing a denial of coverage from the insurance company, we strongly encourage you to contact us now before you file a claim.
Who is Usually At Fault in a Rear End Accident in New Orleans?
In most cases, the person who rear-ends you is at fault. Drivers have a duty to follow other cars at a safe distance. In New Orleans, high tourist volume, narrow and crowded streets can create obstacles that may lead to more rear end collisions.
Speak to your attorney to see how fault may affect your claim.