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 have questions about how to recover from another driver in court. An experienced car accident attorney could help you understand how to hold another driver accountable after an accident.
An 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 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.
What is Needed to File a Lawsuit
Car accident lawsuits are usually based in 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 in New Orleans. First, the injured party must file suit within one year 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.
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.
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 an attorney 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.
