What To Do if Rear-Ended in Louisiana
July 25, 2024 / Car Accidents
Many car accidents happen every day in Louisiana. According to the National Highway Traffic Safety Administration (NHTSA), about one-third of all motor vehicle accidents are rear-end collisions. That makes them the most common type of car accident each year.
Fortunately, NHTSA numbers show that rear-end car accidents cause only about seven percent of all accident fatalities. That means you can often walk away with relatively minor injuries. However, this resembles the old adage that no surgery is truly “minor” when a surgeon performs it on you.
Do You Need To Hire a Lawyer in Louisiana If You Have Been Rear-Ended in an Accident?
Even if you sustain minor injuries in a rear-end accident in Baton Rouge, your vehicle may sit in the shop for a while during repairs. It may even be totaled. This could leave you without transportation for daily activities like commuting to work or taking your children to school. Rental cars get expensive quickly when you need them for an extended period. You will need to find another vehicle as soon as possible. Unfortunately, your insurance company or the other driver’s insurer may not share your sense of urgency.
In addition, even injuries that seemed minor right after the accident may develop new symptoms as days pass. After a car accident, adrenaline can mask pain and other sensations. You may not notice cuts and abrasions until later. Mental and emotional issues like PTSD and anxiety from the collision may not appear until days or even weeks after the accident.
Contact an experienced Baton Rouge car accident attorney as soon as possible after the accident. You will gain sound legal advice and guidance as you navigate the process. If your physical or mental condition worsens in the days that follow, a lawyer experienced in rear-end cases can anticipate those symptoms. They can help you recognize them if they occur and refer you to medical professionals who can help. Those professionals can document the progression of your condition.
How Do I Know Who Is At Fault In a Rear-End Collision in Louisiana?
Louisiana law clearly assigns fault in rear-end collisions to the following driver, with some exceptions. Louisiana R.S. 32:81 states: “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon and the condition of the highway.”
Given the clarity of this law, courts generally hold the driver who hits another vehicle from the rear at fault. However, some exceptions to the rule exist. These matter especially in Louisiana because the state follows comparative negligence.
Some common reasons the front driver may be blamed include the following:
- Failure to repair a tail light or brake light that would warn the driver behind of a stop
- Driving erratically, such as speeding up and slowing down, going too slow
- Failure to observe hazardous weather conditions
- Stopping suddenly for no reason
- Deciding at the last minute to stop at a late caution light instead of going on through the intersection
If the rear driver can prove the front driver shares responsibility for the accident, the front driver’s damages reduce proportionally. They can only recover the percentage that matches the rear driver’s share of fault.
A Baton Rouge Car Accident Lawyer Can Help if You’ve Been Rear-Ended
Louisiana applies comparative negligence, so a car accident lawyer can review the accident report and other evidence with you. They can help you understand whether you bear any responsibility for the accident. If filing a suit makes sense, a car accident attorney in Louisiana can build your case to maximize your recovery.
Contact a Baton Rouge Personal Injury Attorney from Mansfield Melancon Injury Lawyers for Help Today
For more information, please contact Mansfield Melancon Injury Lawyers to schedule a free consultation with a personal injury lawyer in Baton Rouge, LA today. We have three convenient locations in Louisiana, including Baton Rouge, New Orleans, and Lafayette.
