Louisiana Car Accident Laws Explained

Being involved in a car accident can be overwhelming, even when it is minor. It is important to understand Louisiana car accident laws, including when an accident must be reported, how fault is determined, and when you may file a claim for damages.

Drivers are generally required to report an accident involving injury or death or more than $500 in property damage and must provide identifying and insurance information to other parties and law enforcement.

Injured drivers typically have two years to file a civil injury claim, but acting quickly helps preserve evidence and strengthen negotiations with insurance companies. Louisiana follows comparative fault rules, meaning you may still recover compensation even if you are partially responsible, though your recovery may be reduced.

Because insurers may attempt to shift blame or undervalue claims, working with an experienced attorney can help protect your rights and pursue fair compensation. Being involved in a car accident is often a traumatic experience, even when it is a minor incident.

It can be overwhelming to navigate the aftermath of a car crash and deal with insurance providers, injuries, and other complex issues. You must understand Louisiana car accident laws, including when you need to report an accident, how you might be partially at fault, and when you need to file a claim for your damages.

Accident Reporting Requirements

Drivers are obligated to immediately report any accident that results in either:

1. Injury or death to any person
2. More than $500 in property damage

The driver must report the crash to the police department, sheriff’s office, or police station, depending on where the crash occurred. The driver is also obligated to provide contact, vehicle, and driving license information to other parties involved in the accident, as well as to the officer who arrives onsite. A car accident lawyer can help you navigate the legal process following the crash and ensure that your rights are protected while pursuing compensation for any damages or injuries.

Drivers are only able to delay their immediate reporting requirements when there is an evacuation order or state of emergency and must still report the accident within 72 hours. While it is required, reporting an accident is also important for all individuals, as it ensures that the accident is documented. This evidence is crucial in a future claim. If you are unsure whether or not the accident meets the reporting requirements, it is better to be safe and report it. A rideshare accident attorney can guide you through the process and help you gather the necessary evidence to support your claim.

Time Limits for Filing Your Injury Claim

When you are injured in an accident that was not your fault, you can file a claim to recover the damages of the accident. This claim is filed with the insurance provider of the at-fault party, typically another driver.

However, you must take action quickly. There is a two-year statute of limitations, which is the period of time you have to file a civil claim. If you cannot reach a fair settlement with the insurance company, you can initiate a civil claim to recover your losses through the court.

Insurance claims must typically be filed as soon as possible after an accident. A personal injury lawyer can help you navigate this process and ensure that you meet all necessary deadlines while pursuing fair compensation for your damages.

While this may seem like sufficient time to file, you should not wait. It’s important to act immediately after an accident to preserve as much evidence as possible and give your attorney more time to investigate the immediate aftermath of the crash.

If you get your injuries treated quickly, it shows that the accident severely affected you. This can help when trying to prove the scope of your injuries to an insurance company. However, do not try to speak with an adjuster on the phone, even if they are from your insurance company. This is a common tactic used to find more information to diminish your claim.

It also gives you more leverage during a settlement rather than worrying about accepting a lowball settlement or taking the case to court. If you miss the statute of limitations, you may be unable to recover your losses.

When You Are Partially at Fault for an Accident

If you are partially to blame for an accident, you can still recover some compensation, as long as you are not 51% or more at fault for causing the collision. Louisiana operates under comparative fault laws. When more than one party acted negligently and caused the accident, all at-fault parties are responsible for their portion of the damages.

When you are injured, you can still recover some compensation, even if you are partially to blame. If you were determined by the court to be 35% liable for the crash, your final settlement value could be reduced by 35%.

Sometimes, insurance providers will try to claim that you are entirely liable, trying to prevent you from recovering any compensation. The support of an attorney is necessary to fight against this. An attorney is also beneficial in advocating for why your percentage of fault is less than the other party may claim. These arguments can increase the compensation you earn.

Failing to Carry Car Insurance

Louisiana drivers are required to carry a certain level of car insurance. Failing to do so can result in fines and other penalties. There are several reasons to hire a car accident lawyer, including their ability to help you navigate complex insurance claims, negotiate with insurance companies on your behalf, gather necessary evidence, and help you receive full compensation for your injuries and damages.

An experienced lawyer can also help protect your rights and guide you through the legal process. If you do not have insurance and are involved in an accident, you may be unable to recover compensation even if you were not to blame.

Common Causes of Collisions in Louisiana

Car collisions in the Garden District, South Highlands, French Quarter, and elsewhere in the state are often due to driver error. One of the leading causes of preventable collisions in the state is distracted driving, which left 315,167 people injured across the country in 2024. When someone looks at their phone, fiddles with the navigation, or eats while driving, they can lose focus on the road and cause a preventable collision.

Speeding is another potential cause of collisions. Drivers who pass the speed limit endanger others on the road. High speeds also contribute to the severity of the crash. Weather conditions can warrant driving well below the speed limit, and an investigation after a crash could reveal whether speed was a factor.

Drunk driving is an unfortunate reality in Louisiana. When a driver along North Causeway Boulevard, Chef Menteur Highway, and elsewhere in the state drives while under the influence of drugs or alcohol, they can cause a catastrophic collision. Other causes of crashes include driver fatigue and improperly loaded truck cargo.

In 2024, there were roughly 59,000 people injured in the state due to these and other causes of crashes. The economic toll of those collisions led to $11.6 billion in losses that year. When someone suffers harm due to the negligence of another driver, the injured party has the right to pursue compensation with the help of an injury lawyer.

Why You Should Hire a Car Accident Lawyer

Car accident laws, not accusations, guide injury claims. If you were injured in a car wreck, you can hire a car accident lawyer to manage your car accident case, so you receive the full and fair compensation that you are owed.

The aftermath of a car crash can leave you contending with serious car accident injuries. While you focus on recovering, your lawyer can gather evidence and pursue the right path for compensation.

Injury lawyers are skilled investigators who can protect you from false accusations. When negotiating with insurers, your attorney can keep the discussions focused on the harm and setbacks you suffered.

When necessary, your lawyer can take a case to court or even to trial. Their unwavering support can play a crucial role in making sure that you receive the justice and compensation that you are owed.

FAQs

Q: Is Louisiana a Fault State for Car Accidents?

A: Yes, Louisiana is a fault state for car accidents. Those who suffered damages because of another driver’s negligence can recover the cost of those damages from that driver’s insurance company. Fault is important for recovering compensation, and it is important to determine the cause of any car accident.

Most often, one or both drivers acted carelessly or recklessly, and their behavior led to the collision. Drivers can recover the cost of medical bills, property damage, lost income, and other damages. Under the law of Louisiana, victims of car accidents have the right to pursue compensation for these losses, and working with a skilled attorney can help ensure that you are fairly compensated.

Q: How Long Do You Have to File a Claim After a Car Accident in Louisiana?

A: After a car accident in Louisiana, you must file within a certain period of time. This is called the statute of limitations, which restricts how long you have to file a civil claim. An insurance claim should be pursued immediately after an accident, and you should work with an attorney to ensure you do not miss the statute of limitations. If you do not file your claim before the statute expires, you may be barred from recovering compensation.

Q: What Happens If the Person Not at Fault in an Accident Has No Insurance in Louisiana?

A: If the person who was not at fault in an accident has no insurance in Louisiana, their ability to recover compensation may be significantly limited. They could also face fines and administrative penalties.

Under Louisiana’s “No Pay, No Play” law, an uninsured owner or operator generally cannot recover the first $100,000 in bodily injury damages or the first $100,000 in property damage, even when another driver caused the collision. However, several statutory exceptions may apply.

Q: What Should You Do After a Car Accident in Louisiana?

A: After a car accident in Louisiana, you should:

1. Move people and vehicles out of the way, if possible, without worsening injuries
2. Call emergency responders
3. Receive medical attention
4. Provide a report to the officer at the scene
5. Exchange contact information and insurance information with the other driver(s)
6. Document the accident, including the crash, vehicle damage, and your injuries
7. Get contact information from any witnesses
8. Report the accident to your insurance
9. Find a skilled car accident attorney

Choosing the Right Legal Representation After a Car Accident

At Murphy Law Firm, we want to help you get back on your feet after an accident.

Our dedicated injury lawyers represent clients throughout the state. We bring more than 150 years of collective legal and courtroom experience and have reclaimed more than $250 million for our clients.*

Our law firm was founded by an experienced trial lawyer who advocates for clients to “not be a victim twice.” After an injury, you have the right to pursue compensation from the party that harmed you.

We take the work we do personally because we understand the challenges and hardships that our clients face after a personal injury. Contact our team to see how we can help.

*Past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits.

About The Author

Peyton Murphy

Peyton Murphy, is the founder of Murphy Law Firm, LLC, based in Baton Rouge, Louisiana, specializing in personal injury law. Peyton obtained his law degree from the prestigious Tulane School of Law in 1991 and has been licensed to practice law in Louisiana since 1993. With over 28 years of experience, Peyton is dedicated to representing injured victims and actively contributing to his community. Education: Obtained his law degree from Tulane School of Law in 1991. Professional Associations: Member of the Louisiana State Bar and active in the Baton Rouge Bar Association and the Louisiana Association for Justice. Experience: Founder of Murphy Law Firm, LLC, with extensive experience in personal injury law and licensed in multiple federal courts and the U.S. Supreme Court.

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