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New Orleans Car Accident Lawyer

Why Hire a Car Accident Lawyer?

You may have already discovered that the car insurance company is trying to provide you with a low-ball offer instead of fair compensation for your New Orleans accident.  Lavis Law Firm – Personal Injury & Accident Attorney can help you calculate and present your property damage and bodily injury claims including those for wage loss, loss of earning capacity, and the not so easily quantifiable general damages claims for pain and suffering.

 

Are Justice and Closure Your Goals?

Lavis Law Firm – Personal Injury & Accident Attorney is a car accident law firm that can help you with any applicable past, present, and future medical bills and related healthcare and lost wages.  While money cannot put you in the same condition you were in before the accident, money is what our judicial system provides for and can help provide you with a sense of closure so that you can move on with your life.

If you suffered personal injuries or property damage in a car accident, you may be facing important legal deadlines. Lavis Law Firm – Personal Injury & Accident Attorney will discuss your claim with you immediately. If we agree to handle your case, we will do so on a contingency fee basis. No fee is owed if there is no recovery. You only pay if we win your case. For a FREE CASE REVIEW, contact a New Orleans auto accident attorney at 504-834-4000 or complete our online form.

 

What Are 11 Key Steps to Take Immediately After a Car Accident?

• Photograph the IDs of all parties involved in the accident, including drivers, passengers, and other witnesses.
• Photograph registration and insurance information.
• Take pictures of the overall accident scene if you are able to.  Think overview of the intersection, overview of all sides of all cars involved, and also close-ups of damages of all vehicles involved.
• Call the police and do not leave the scene of the accident unless it is due to a medical emergency.
• Make a report to the police of what happened;
• Do not apologize after the accident;
• Do not state how you physically feel as sometimes injures and associated symptoms take time to develop.  Of course, if you are seriously injured, take an ambulance to the hospital.
• Get medical treatment.
• Do not give a recorded statement to any insurance company.
• Do not sign authorizations for medical treatment.
• Call Lavis Law Firm – Personal Injury & Accident Attorney New Orleans Car Accident Lawyers for a FREE CASE REVIEW.  We work on a NO RECOVERY-NO FEE Basis.  You do not owe us any fee if we do not recover money for you.

 

How To Find My New Orleans Accident Report?

Car Accidents in New Orleans can be complicated. Finding and reading the accident report can be just as complex. You can explore our accident report guide below and contact a New Orleans Car Accident Attorney at Lavis Law Firm – Personal Injury & Accident Attorney. Call 504-834-4000 or Toll-Free 1-866-558-9151 for a Free Consultation.

The information included in the accident report can significantly impact the amount of money you received for your injuries and property damage. The at-fault insurance company will read through every word and will usually not even consider accepting responsibility for the accident until doing so to determine their driver was at fault for the accident. Don’t let the insurance company use the report against you. Contact us right now before you speak with the insurance company.

Louisiana law requires the NOPD investigating officer to file his crash report with the New Orleans Police Department within forty-eight hours after completing his investigation. The N.O.P.D Form 26 that the New Orleans Police officer gave you at the scene of the accident is NOT the accident report. However, it contains key information for getting a copy of the report, such as:

• Item Number,
• Date of Occurrence and
• Location of Occurrence.

The N.O.P.D Form 26 is typically given to the parties involved in the accident by the investigating officer. Reports may be available 14-21 Working Days after the accident.

How To Pick Up My Accident Report in Person

A copy may be obtained for a fee, via U.S. mail or from Police Headquarters, First Floor, Records and Identification Division, 715 S. Broad St, New Orleans, LA 70119. If you plan on picking the report up from Police Headquarters, the office may have limited hours for pickup service so call them at 504-658-5455 before you go.

How To Order My Accident Report Online

Alternatively, if you would like to order the accident online, you may be able to do so at buycrash.com

Tips On How To Read Your New Orleans Accident Report (See FREE Sample Accident Report Below).

Insurance companies will try to find reasons to deny and delay paying your claim. Make sure the accident report is correct—details matter. So, check your personal information and make sure your name, address, driver’s license number, and exact date and time of your accident is correct.

Sometimes the investigating officer will fail to document your injury on the accident report and or even fail to list all of the passengers involved in the accident. If this happened to you, please contact us immediately as we have helped numerous clients resolve this issue.

 

Page 1 of the Report

 

 

 

 

 

 

Page 1 contains Crash Specific Date, Roadway Location Information, Contributing Factors and Conditions, and the Name of the Investigating Police Department and Emergency Services Information.

At the top of page 1, there are Data Entry Boxes for Work Zone, Hit and Run, Public Property Damage, Photos Made, RR Train Involved, Fatality, Pedestrian, and Injury.  At the bottom of the page, there are Data Entry Boxes for Ambulance and Rescue Unit.  If these are marked with an “X”, that means “Yes”,   otherwise they are not marked.

All of the other boxes are marked “Y” for Yes or “N” for No.

Contributing Factors and Conditions “Primary Factor” and “Secondary Factor” Section includes Violations, Movement Prior to Crash, Vision Obscurement, Condition of Driver, Vehicle Conditions, Road Surface, Roadway Condition, Lighting, Weather, Traffic Control Kind of Location, Condition of Pedestrian, and Pedestrian Action.

Vehicle Configuration is also a part of Page 1 and provides a key for the investigating officer uses to describe each vehicle involved, such as Passenger Car, Bus, Truck, Tractor Semi-Trailer, Light Truck, Motorcycle, Bus, Van, School Bus, SUV, etc.  The appropriate corresponding letter from each key is used to describe the vehicle on the Vehicle/Pedestrian page(s).  Lavis Law Firm – Personal Injury & Accident Attorney has experience in handling accidents involving all of these vehicle types.

Emergency Services Section is used to describe the ambulance services used, for example, New Orleans EMS or Acadian Ambulance, and provides sections for Time Called, Arrived at Scene, Departed Scene, and Arrived Hospital.  Many patients are taken to University Medical Center New Orleans, a Level I trauma center. Level I Trauma Center is capable of providing total care for every aspect of injury – from prevention through rehabilitation.

The investigating officer signs and the Supervising officer initials at the bottom of page 1.

 

Page 2 of the Report

Are Your Injury and Injury Codes Listed?

 

Page 2 contains information about one Vehicle/Pedestrian’s involved in the accident and includes identifying information about the pedestrian or vehicle, driver and/or owner of that vehicle  as well as VIN Number, Name, Address, License Number, Date of Birth, Insurance Information and severity of the Injury sustained (No Injury, Possible/Complaint, Non-Incapacitating/Moderate, Incapacitating/Severe or Fatality).  If the investigating officer omitted your injury on the accident report, contact us immediately as we have helped numerous clients resolve this issue.

Truck/Bus Crash Data section is completed for all vehicles involved in the crash that are being used for Commerce/Business and have a gross vehicle weight rating/ gross combined weight rating in excess of 10,000 pounds OR is displaying or should be displaying a Hazardous Materials Placard OR is a vehicle with seating for nine or more occupants including the driver.  Lavis Law Firm – Personal Injury & Accident Attorney has considerable experience with both Truck and Bus Accidents.

 

Page 3 of the Report

Who Was At Fault? Who Got the Ticket? Was the Reporting Officer Wrong?

 

Page 3 has a Contributing Factors and Conditions Section. A Contributing Factors and Conditions Section is also completed for each Vehicle and Pedestrian involved including, Vision Obscurements, Condition of Driver/Pedestrian, and Sequence of Events/Harmful Events, Violation, Driver Distraction, Reason For Movement, Movement Prior To Crash, Traffic Control, Pedestrian Action, Vehicle Condition, Vehicle Lighting, Traffic Control Conditions, Alcohol/Drug Involvement, Direction Before Crash, Final Location, Distance Travelled, Posted Speed, Estimated Speed, Skidmark Data and Damage to Vehicle and Citations Issued.

The section dealing with contributing factors is important for each vehicle involved. An insurance company will use this information when deciding fault and how much your case is worth. Make sure you agree with the officer’s description of your accident. If you do not, contact us. We may be able to overcome this obstacle.

Additional Pages

Additional pages will be needed depending on the accident, including vehicle/pedestrian form for each vehicle and pedestrian involved, as well as forms for additional occupants, railroad or streetcar, supplemental narrative, diagram and/or written statement from a driver or witness if applicable. The included pages are numbered consecutively.

 

Auto Accident Statute of Limitations in Louisiana (known as Liberative Prescription)

Art. 3492 provides: Delictual actions are subject to a liberative prescription of one year.  This prescription commences to run from the day injury or damage is sustained.  It does not run against minors or interdicts in actions involving permanent disability and brought pursuant to the Louisiana Products Liability Act or state law governing product liability actions in effect at the time of the injury or damage.

However, keep in mind La. R.S. 9:5629 provides: Actions for the recovery of damages sustained in motor vehicle accidents brought pursuant to Uninsured Motorist provisions in motor vehicle insurance policies are prescribed by two years reckoning from the date of the accident in which the damage was sustained.

How To File a Police Report

The driver of a vehicle involved in an accident resulting in injury to or death of any person or property damage in excess of five hundred dollars shall:

•  Immediately, by the quickest means of communication, give notice of the accident to the local police department if the accident occurs within an incorporated city or town or, if the accident occurs outside of an incorporated city or town, to the nearest sheriff’s office or state police station.
• Give his name, address, and the registration number of the vehicle he was driving and, upon request and if available, exhibit his license or permit to drive to any person injured in such accident or to the driver or occupant of or person attending any vehicle or other property damaged in the accident.
• Give such information and, upon request, exhibit such license or permit to any police officer at the scene of the accident or who is investigating the accident.

The driver of any vehicle involved in an accident resulting in injury to or death of any person or total property damage to an apparent extent of one hundred dollars or more shall, within twenty-four hours after the accident, forward a written report of the accident to the Department of Public Safety and Corrections. Any person who violates the provisions of this Subsection may be imprisoned for not more than sixty days or fined not more than one hundred dollars, or both.  Call New Orleans Car accident attorneys at Lavis Law Firm – Personal Injury & Accident Attorney if you need help with reporting your accident.

 

Should I File an Insurance Claim?

The minimum liability insurance coverage allowed under Louisiana law is $15,000 for bodily injury to one person, $30,000 for bodily injury to more than one person in a single accident, and $25,000 coverage for damage to someone else’s vehicle or other property. It is important to file promptly. You may need:

• Date and time of the accident along with a description of what happened;
• Names, addresses and phone numbers of all involved drivers;
• Driver’s license and plate numbers of involved drivers.

Most of this information is found in the police report. Make sure to seek medical attention even if you only sustained minor injuries. Otherwise, the other person’s insurance company will try to minimize your injuries and say you are not really hurt and therefore are not entitled to reasonable compensation.

 

CAR ACCIDENT STATISTICS

According to the most recent national statistics, the number of car accidents with injuries is on the rise nationally with over 6,452,000 police-reported motor vehicle crashes. In these crashes, over 37,133 people died and over 2,746,000 were injured.  In addition to the physical damage and traumatic injuries, these car accidents can be devastating both emotionally and financially.  If you were injured in a motor vehicle accident that was caused by some else’s negligence, let a New Orleans car accident lawyer at Lavis Law Firm – Personal Injury & Accident Attorney deal with the insurance companies and related litigation so you do not have to.  We can help you recover your lost wages, hospital and medical bills, and funeral costs if the accident involved the death of a loved one.

 

HOW LAVIS LAW FIRM CAN HELP

Charles Lavis Jr and Lavis Law Firm – Personal Injury & Accident Attorney recognize your most immediate problems following an automobile accident with injuries include the following:

• Past and future lost wages so you can pay your day to day bills;
• Emergency room, hospital and other medical bills that may have been placed in collections as well as future medical bills;
• Funeral expenses

Preparing a strong case can be difficult but is very important.  You will need to gather and submit all medical, wage, photos, videos, and other supporting documents to establish a successful claim and get a fair auto accident settlement.  Charles Lavis has over two decades of experience with car accident claims.  He will work with your medical providers and the insurance companies so you can focus on your recovery.  In evaluating your claim, the insurance company file review will include the following:

• Records and bills from the hospital, treating doctors and other medical providers;
• Statements given at the accident scene by those involved in the accident, the witnesses and the reporting police officer as well as body cam video and any other statements;
• Photographs of the accident scene, damage to vehicles and of injuries sustained;
• Medicaid, Medicare, child support and other liens;

 

The insurance company’s goal is to give you the lowest possible settlement.  Therefore, you should hire a car accident lawyer to help!  Lavis Law will work to recover for your personal injuries and property damage caused by another person’s negligence.

Lavis Law firm represents clients in New Orleans, on the Westbank, in Metairie, Kenner, and throughout Louisiana.  If your accident involves a car, motorcycle, or truck and was caused by someone else’s negligence, reach out to us by calling, texting, or chatting online.  We take cases that include, but are not limited to, the following:

• Car accidents;
• ­Motorcycle accidents;
• Bus accidents;
• Automobile property damage;
• Bicycles accidents;
• Rear end collisions;
• Drunk drivers;
• Uninsured motorists;

 

DON’T WASTE TIME, CONTACT A PERSONAL INJURY LAWYER AS SOON AS POSSIBLE

If you suffered personal injuries or property damage in a car accident, you may be facing important legal deadlines.  Lavis Law Firm – Personal Injury & Accident Attorney will discuss your claim with you immediately.  If we agree to handle your case, we will do so on a contingency fee basis.  No fee is owed if there is no recovery.  You only pay if we win your case.    For a FREE CASE REVIEW, contact a New Orleans auto accident attorney at 504-834-4000 or complete our online form

 

Louisiana Insurance Requirements:

There are Louisiana insurance requirements:

1. Liability Insurance. Under Louisiana law, drivers are required to carry minimum liability insurance coverage.  This coverage pays for property damages or personal injury for which you may be legally responsible, up to your policy’s dollar limits. In Louisiana, each vehicle is required to have at least 15/30/25 liability limits. Those limits provide payments of $15,000 for bodily injury to one person, $30,000 for bodily injury to more than one person in a single accident, and $25,000 coverage for damage to someone else’s vehicle or other property;  There are penalties for noncompliance.

 

2. Uninsured motorist. About 13% (1 in eight) of Louisiana drivers are uninsured.  Accordingly, Louisiana has a mandatory uninsured/underinsured motorist law (UM/UIM).  UM/UIM coverage can be waived with a properly executed waiver, but this move is typically a bad choice and is not recommended by car accident lawyers. UM/UIM pays benefits to you if your car is hit by a driver who has no insurance or too little insurance to pay for the full amount of your injuries. If you have Uninsured/ Underinsured Motorist coverage, any bodily injury you or an occupant of your vehicle suffers due to an accident caused by another driver is covered under this policy. Hit-and-run drivers may be classified as uninsured motorists, but it helps if there is a disinterested witness to the accident.

 

3. Comprehensive and Collison (may be required by your lender). Comprehensive insurance usually covers falling objects, flood, fire, explosion, vandalism, and theft.  Collision insurance covers damage to your car that results from an accident regardless of who is at fault and is usually required by banks and lenders if you still owe money on the car.

 

Louisiana Motor Vehicle Accident Statistics:

Drivers and their passengers are injured every day on Louisiana roads and highways.  You may be a safe driver, but you cannot always control for the negligent acts of other drivers.

Unfortunately, according to a 2019 Louisiana Department of Transportation and Development Traffic Safety data, in 2019, there were 44,551 injury crashes involving 72,469 injuries and 713 fatal crashes with 763 related fatalities. There were also 115,064 property damage only crashes. In Orleans Parish, there were 39 fatal crashes with 42 total fatalities.  There were 16 fatal crashes involving alcohol with 17 fatalities.  There were 6,263 injury crashes with 10,353 total injuries.  There were 429 injury crashes involving alcohol with 612 injuries.  There were 13,628 property damage only crashes.  Of those, 604 involved alcohol.  Through June, 2020, there were 8,527 Total Auto Accidents in Orleans Parish, of which 3,306 where Hit & Run Accidents.  The City of New Orleans is reluctant to approve my visualization created with “Open Data” reflecting this grim reality.

Furthermore, according to a 2019 study, there is a spike in reported New Orleans Car Accidents in the two weeks before Mardi Gras.

According to the Louisiana Highway Research Safety Group, the most common contributing factors to the accidents with injuries and fatalities include:

• Alcohol & Drug Impaired-Driving
• Unbelted Passengers
• Speeding
• Distracted driving – texting,
• Aggressive driving – in addition to speeding above- aggressive driving includes failure to yield, following too closely, cutting in/improper passing, disregarding traffic control, careless operation

 

Distracted Driving Accidents

While cell phone use and texting are the most common distractions, any activity that takes the driver’s eyes off the road, hands off the wheel, or mind off of driving is a distraction. In the most recent survey, 2,277 accidents happen every year in Louisiana due to distracted cell phone use.

There are three main types of distractions:

Visual– taking your eyes off the road (cell phones, GPS, looking in the mirror etc.)
Manual– taking your hands off the wheel (cell phones, eating and drinking, fiddling with the music or A/C)
Cognitive– taking your mind off what you are doing (cell phones, GPS, talking to passengers, pets in the car, speaking with visible headsets on).
Louisiana law says:

• New drivers with “learner’s” or “intermediate” licenses are prohibited from using cell phones while driving in Louisiana.
• Louisiana also has a statewide ban on the use of wireless devices for writing, sending or reading text-based communications while driving, regardless of age.
• If you’re driving through a school zone during posted hours, it is against the law to use your cell phone or other mobile device for any reason.

If you have been injured by a distracted driver, call the police and seek immediate medical treatment.  Keep in mind that you may be facing important legal deadlines.  Lavis Law Firm – Personal Injury & Accident Attorney is available for a free case review for distracted driving accidents.

 

Texting and Using Social Media While Driving Accidents

Louisiana personal injury lawyer Charles Lavis Jr represents people who are injured or have suffered the loss of a family member due to the negligence of another person texting or using social media while driving.  Texting and using social media while driving is particularly distracting because it involves all three types of distractions-Visual, Manual, and Cognitive.  There are hefty Louisiana fines for texting and using social media while driving that range from up to $500 for the first violation and up to $1,000 for each violation thereafter.

What you can do to combat texting and using social media while driving:

• Refuse to message friends and family when you know they are driving.
• Pull over to a safe place to make phone calls or send a message.
• Model good driving behaviors for children and other drivers

 

If you have been injured because of texting and driving, contact Lavis Law Firm – Personal Injury & Accident Attorney for a free case review. Please be advised that you may be facing important legal deadlines, so don’t delay.

 

 

Common Injuries Caused by Car Accidents

When car accidents in New Orleans occur, some of the most common injuries that are known to result include the following:

● Broken ribs, which occur when a person’s body is jolted as a result of an accident or hit with force.

● Herniated discs, which occur when one or more of a person’s discs in the vertebrae rupture or shift location.

● Internal bleeding, which is life-threatening if not treated immediately following an accident.

● Post-traumatic stress disorder, which includes the emotional and mental hardships that a person faces following a car accident.

● Psychological pain, which can include a number of different types of mental distress following an accident.

● Scrapes and cuts, which occur when a person’s body strikes an object following a vehicle collision.

● Traumatic brain injuries, which are particularly serious and occur when a person’s head strikes an object following an accident.

● Whiplash, which occurs after a person’s neck and head move quickly in a back and forth motion. Frequently, whiplash results in strained muscles and soft tissue damage.

No matter how you are injured, a skilled accident attorney can help you pursue the compensation that you deserve.

 

What are the Four Components of Louisiana Negligence Law?

• First, the plaintiff must establish that defendant owes him a duty to exercise reasonable care.
• Second, the plaintiff must establish that the defendant breached that duty through action or inaction.
• Third, the plaintiff must establish that the breach is both the factual cause and legal cause of the plaintiff’s injuries.
• Finally, the plaintiff must establish that she suffered an injury.

What is Comparative Fault?

The amount of damages recoverable by a plaintiff is reduced in proportion to the degree or percentage of negligence attributable to the plaintiff suffering the injury.

 

Free Case Evaluation

If we can help you in any way, do not hesitate to contact us. The evaluation of your case is free. There is no cost and no obligation. Let Lavis Law Firm – Personal Injury & Accident Attorney get you the money you deserve. Submit your free case evaluation today. If you prefer, you may contact us at toll-free 1–866–558–9151 for your free evaluation.

 

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