Written by Scott Mansfield, personal injury attorney at Mansfield Melancon Injury Lawyers — mmcdlaw.com/about-us/our-team/scott-mansfield/
Failure to yield the right of way — that is the leading cause of intersection accidents in Louisiana and across the country. It matters not just as a traffic safety fact, but as the legal foundation of your claim if you were hurt at an intersection. When a driver runs a red light, blows through a stop sign, or turns left across oncoming traffic without yielding, they have almost certainly breached their duty of care under Louisiana law. Usually you have two years to pursue that claim under La. C.C. Art. 3493.1.
The Most Common Causes of Intersection Crashes in Louisiana
Failure to yield accounts for the largest share of intersection crashes. This includes left turns across traffic, failure to stop at signs, and pulling out from side streets without adequate clearance. When a driver enters an intersection without yielding as required, they carry the presumptive fault for any resulting crash.
Running red lights is the second major cause and produces some of the most severe crashes because it involves T-bone collisions at full speed. Louisiana R.S. 32:232 governs traffic signal requirements, and a driver who enters an intersection after the light has turned red is in violation — and presumptively at fault.
Distracted driving — particularly phone use — has increased intersection crash rates significantly in recent years. A distracted driver may not register the signal has changed before they’re through the light.
Speeding approaching an intersection reduces the time a driver has to respond to changing signals or unexpected movements from other vehicles, and dramatically increases crash severity when impact occurs.
How Fault Is Determined After an Intersection Crash
Louisiana uses a pure comparative fault system. Fault can be split between multiple parties, and your recovery is reduced by your percentage of fault — but not eliminated. In an intersection crash, establishing fault requires the police report, traffic camera footage if available, witness statements, and sometimes accident reconstruction. The direction of impact, the position of the vehicles post-crash, and physical evidence like skid marks all factor into the analysis.
Traffic camera footage is among the most valuable evidence in intersection crash cases — and it often gets overwritten within 30 to 72 hours. If your crash happened at an intersection with a camera, getting a legal hold on that footage is urgent. Our car accident attorneys handle this immediately after you call.
What to Do After an Intersection Crash in Louisiana
Call the police and wait for a report. Document the scene — the signal status, which direction each vehicle was traveling, and the position of the cars after impact. Get witness contact information before anyone leaves. Seek medical attention the same day, even for injuries that seem minor. Do not give a recorded statement to the other driver’s insurance company before talking to an attorney. For a full checklist, see our guide on what to do after a car accident in Louisiana.
Frequently Asked Questions
What if there are no witnesses and it’s my word against the other driver’s?
Physical evidence often tells the story. The point of impact on both vehicles, skid mark locations, and the final resting position of each car can support or contradict each driver’s account. An experienced attorney knows how to build a case even without eyewitness testimony.
Can I still recover if I was partially at fault for the intersection crash?
Yes. Louisiana’s comparative fault system allows you to recover damages even if you share some responsibility. Your award is reduced by your percentage of fault. If you were found 20% at fault and your damages total $100,000, you recover $80,000. Learn more on our car accident page.
How long does insurance have to investigate an intersection crash claim in Louisiana?
Louisiana law requires insurers to acknowledge claims within 30 days and to accept or deny within 30 days of receiving proof of loss. Having an attorney managing your claim keeps insurers accountable to those deadlines and prevents delay tactics.