Drivers in Louisiana owe other people a duty of care to operate their motor vehicles
safely. When a driver fails in this duty of care, the driver can be held liable
for damages caused by the accident. A New Orleans car accident attorney can
help you file a personal injury claim to recover compensation for your
Filing a Personal Injury Claim in Louisiana
A civil claim for damages is separate from any criminal charges or traffic offenses
that might be related to the car accident. A driver can be held liable for a
personal injury claim even if the driver is not charged with a traffic offense
or a crime. However, you must prove that the driver was responsible for causing
the car accident before you can recover compensation for your injuries.
In some cases, it can be difficult to prove which driver was liable for causing the car crash. A thorough and comprehensive car accident investigation can uncover the factors that led to the car crash.
Common factors that can lead to a car accident include:
- Drunk driving
- Drugged driving
- Reckless driving
- Distracted driving
- Fatigued driving
- Hazardous or dangerous road
- Defective automobiles
- Poor weather conditions
Identifying the various factors that contributed to the cause of the car accident helps
identify which parties may be liable for the damages caused by the collision.
What is Considered Reckless Driving in Louisiana?
Louisiana laws define the reckless operation of a vehicle as the operation of a motor vehicle in a reckless
manner or criminally negligent manner. Reckless driving can result in a
misdemeanor criminal charge and traffic ticket. The state must prove that the driver’s
actions disregarded the safety of others.
Many driving behaviors can be deemed “reckless” because the definition of reckless driving
is broad. For example, speeding may not be considered reckless driving.
However, if a driver is racing through a parking lot, the driver could be
charged with reckless driving because the driver is operating the motor vehicle
without regard for the safety of others in the parking lot. Likewise, changing
lanes is not necessarily reckless driving. However, changing lanes in a blind
curve could be considered reckless.
The penalties for reckless driving vary depending on the exact charges and circumstances.
However, any criminal charge is separate from a personal injury claim against a
driver. A driver does not need to be charged with or found guilty of reckless
driving to be held liable for damages caused by a reckless driving accident.
How Can a Louisiana Car Accident Attorney Help?
A New Orleans car accident attorney has the skills, resources, and experience to
investigate a car crash. In some cases, the cause of a car accident may not be
known or may be disputed. An attorney gathers evidence and consults experts to
determine the cause of the accident. You can only recover compensation for your
injuries and damages by proving that the other driver was responsible for
causing your car accident.
Without an attorney, you stand alone against a large insurance company with unlimited
resources that has as its top priority to pay as little as possible to resolve
the matter. If possible, the insurance company will deny your claim to avoid
paying any compensation for your losses.
Contact a New Orleans Car Accident Attorney for Help
Don’t face the insurance company alone. Let Attorney Fred Olinde and the legal team at The
Olinde Firm fight for your right to receive fair and just compensation after a
reckless driving accident.
Call (504) 587-1440 or 1-800-587-1889 to schedule a free consultation with an experienced NOLA car accident lawyer.