It is an unfortunate reality that car accidents occur every single day in the state of Louisiana. If you were injured in a car accident due to no fault of your own, follow along to see how a proficient Monroe, Louisiana car accident lawyer at Breithaupt, DuBos & Wolleson can work on your personal injury claim.
Immediate Steps to Take After a Car Accident in Louisiana
To satisfy the burden of proof to set yourself up for a successful personal injury claim, it is in your best interest to follow the steps below immediately after your car accident.
1. Prioritize Safety and Assess Injuries
Following an accident, you should check yourself and the passengers in your vehicle for injuries. If you believe anyone has sustained a head, neck, or spinal injury, avoid moving unless absolutely necessary for your safety.
2. Call 911 Immediately
Under RS 32:398, you are required by law to report an accident that results in damage exceeding $500, injury, or death. As such, you should immediately call emergency services to
request a police presence and medical technicians to the scene of the crime.
3. Document the Accident Scene Thoroughly
If you are physically able to do so, you should gather the following evidence:
- Pictures of damage to both vehicles
- Road conditions, skid marks, and debris
- Where the vehicles are positioned in relation to one another
- Visible injuries
- Inside the other vehicle (can provide evidence of distractions)
4. Exchange Information With All Involved Parties
While waiting for the police to arrive on scene, you should exchange information with the other driver(s) involved in the collision. This includes:
- Name, phone number, and address
- Insurance carrier and policy number
- Vehicle make, model, and plate
- Witness names and contact information
When possible, you should photograph the other driver’s license and insurance card to avoid transcription errors when writing or typing this information.
5. Seek Immediate Medical Treatment
Even if you feel okay, some injuries, like concussions or whiplash, may not immediately appear. As such, ensuring you receive immediate medical attention can help identify these injuries and ensure that you establish care directly after the accident. It’s not uncommon for insurance companies to deny or reduce claims based on the state’s comparative fault statute.
6. Notify Your Insurance Company
You are generally required under your insurance policy to report an accident to your carrier as soon as possible. However, you should not provide details about the cause of the accident or speculation about fault. Additionally, you should not admit fault or provide a recorded statement without first consulting an attorney.
Common Causes of Car Accidents
Understanding the most common causes of auto accidents in Ouachita Parish and the surrounding area can help you stay alert to potential hazards to avoid collisions.
Distracted Driving
- Texting
- Eating
- Doing make-up or other hygiene
- Reaching for objects
- Setting a GPS
- Interacting with passengers
Speeding Driving
When a driver is traveling over the speed limit, it can reduce reaction time, making it harder to stop a vehicle. Similarly, speeding can increase the force of the impact, ultimately leading to a more severe collision.
Aggressive Driving
- Tailgating
- Unsafe lane changes
- Unsafe passing
- Sudden maneuvers
- Cutting off drivers
- Failing to check blink spots
Why Taking These Steps Helps Your Louisiana Injury Claim
When you are injured in a collision caused by the negligent actions of another driver, taking these steps is critical to protecting yourself and your right to file a claim. Though you may be overwhelmed in the immediate aftermath of a collision,
Establishing the Burden of Proof
When you are injured in an accident and wish to file a claim against the other driver, you must show:
- The other driver owed you a reasonable duty of care (assumed of all drivers on public roads)
- The other driver was negligent
- Their negligent actions caused your injuries
- You suffered damages as a direct result of the injuries (medical bills, lost wages, emotional distress)
Gathering evidence can help fulfill the burden of proof to show that the other driver was negligent in their actions.
Evidence to Strengthen Your Claim
In addition to needing to fulfill the burden of proof, you should gather the following evidence to help strengthen your claim:
- Police reports
- Photos and videos
- Dashboard cameras or surveillance footage, if possible
- Medical records
- Witness statements
- Cellphone records
Contact Our Monroe, Louisiana Attorneys Today
Being injured in a car accident in Monroe can be incredibly difficult. Unfortunately, you may find that filing a claim is overwhelming, and trying to navigate this process on your own can result in less than ideal outcomes. As such, it is in your best interest to connect with an experienced Ouachita Parish personal injury attorney with Breithaupt, DuBos, & Wolleson, LLC. No matter the legal issue, you can guarantee that our firm will provide you with the strong legal representation you deserve. Contact our Monroe, Louisiana, attorneys to schedule your initial consultation today.