Many car accidents happen every day in Louisiana. According to statistics from the National Highway Traffic Safety Administration (NHTSA), about one-third of all motor vehicle accidents are rear-end collisions, making them the most common type of car accident each year.
Fortunately, NHTSA numbers show that rear-end car accidents account for only about seven percent of all accident fatalities, so it is more often than not feasible that you can walk away with relatively minor injuries. However, this is like the old adage that there is no such thing as “minor” surgery if it is being performed 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 be in the shop for a while as repairs are made, or it may even be totaled, leaving you with the need for transportation for your usual activities like going to work and taking your children to school. Rental cars can get expensive quickly if you have to keep them for a while, so 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 those injuries that seemed minor right after the accident may develop other symptoms as the days go on. When you’ve been in a car accident, your adrenaline may mask other sensations like pain. You may not even notice cuts and abrasions until later. Mental and emotional issues such as PTSD and anxiety caused by the collision may not manifest themselves until days or even weeks after the accident.
If you contact an experienced Baton Rouge car accident Attorney as soon as possible after the accident, you will benefit from sound legal advice and guidance as you navigate the process. If your physical and mental condition deteriorates in the days following the accident, a lawyer who has experience in handling rear-end accident cases can anticipate what some of those symptoms might be. They can also help you not only recognize them if they occur but also refer you to medical professionals who can help and substantiate the progression of your condition.
How Do I Know Who Is At Fault In a Rear-End Collision in Louisiana?
While there are exceptions to the rule, Louisiana law is quite clear on assessing fault in rear-end collisions to the following driver. Louisiana R.S. 32:81 says: “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, it is no wonder that it is assumed that the driver of the car that hits another from the rear is at fault. However, there are some possible exceptions to the rule, and these are especially important in Louisiana because it is a state with comparative negligence.
Some common reasons for 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
Suppose the driver of the rear vehicle can prove that the front driver should share responsibility for the cause of the accident. In that case, the driver of the front vehicle can only recover damages up to the percentage of the rear driver’s fault.
A Baton Rouge Car Accident Lawyer Can Help if You’ve Been Rear-Ended
Given the application of the comparative negligence theory in Louisiana, a car accident lawyer can look at the accident report and other evidence to help you understand whether you have any liability for negligence in the accident. If you will benefit from filing a suit against another driver, a car accident attorney in Louisiana can prepare your case to maximize your recovery.
Contact a Baton Rouge Personal Injury attorney from Mansfield Melancon Car Accident and Personal Injury Lawyers for Help Today
For more information, please contact Mansfield Melancon Car Accident and Personal 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.
We proudly serve East Baton Rouge Parish, Lafayette Parish, Orleans Parish, and its surrounding areas:
Mansfield Melancon Car Accident and Personal Injury Lawyers – Baton Rouge Office
404 Europe Street
Baton Rouge, Louisiana, 70124
(225) 263-4787
Mansfield Melancon Car Accident and Personal Injury Lawyers – New Orleans Office
318 Harrison Avenue Suite 107
New Orleans, Louisiana, 70802
(504) 294-3804
Mansfield Melancon Car Accident and Personal Injury Lawyers – Lafayette Office
1318 Camellia Boulevard Suite 206
Lafayette, Louisiana, 70508
(337) 473-2991