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New Orleans Auto Injury &
Auto Accident GUIDE

Everything you need to know about Auto Injuries and Accidents in New Orleans

“Bold and deliberate representation is my hallmark. I want my clients’ adversaries to know that we will fight for the best possible position" - Donald D'Aunoy, Jr.

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Motor vehicle injuries and accidents come in all shapes and sizes. You may not be the driver, owner of the vehicle or in a vehicle at the time of the accident when involved in a motor vehicle accident. If the accident was the result of negligence, you may be entitled to compensation. Donald D’Aunoy Jr. has extensive experience with motor vehicle accidents and will ensure your case is justly resolved. 

Motor vehicle accident cases can be complex. An experienced motor vehicle injury attorney can help you receive the compensation you deserve and/or navigate all the paperwork, “red tape”, and hassle often associated with car accident insurance claims.

No matter they type of auto accident the The Law Offices of Donald D’Aunoy will thoroughly investigate the auto accident and aggressively pursue compensation for:

  • Medical expenses and lost wages due to your injury
  • Pain and suffering from your injury
  • Lower quality of life

At the Law Office of Donald D’Aunoy Jr. we are intimately familiar with all types of Motor Vehicle Accident cases.

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Who is responsible for paying damages/Injuries after an auto wreck?

  1. The driver that caused the accident
  2. The insurer of the driver that caused the accident
  3. The driver’s employer if the driver was working or carrying out a work function when the auto accident occurred.
  4. The victim’s uninsured motorist (UM) insurance carrier if the driver that caused the auto accident didn’t have enough insurance
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Motor Vehicle Injury / Accident Practice Areas

What you should do when you've been in an automobile accident.

1-  Do not move the involved vehicles from the scene, if possible. The position of vehicles after an accident says a lot about how the accident happened. Investigating police officers often use vehicles’ positions after a crash to draw conclusions about who to issue a ticket to and who to place at fault. Also, pictures of the vehicles can be taken to preserve the vehicles’ post crash positions. Insurance companies will use these pictures to make determinations about driver fault. But if it is unsafe to leave a vehicle in its post accident position, it should be moved to avoid another accident or additional injury. In sum, when it is safe to do so, leave the crash site in tact until a police officer arrives and pictures can be taken.

2) Get to safety. Automobile collisions can often cause gas tanks to leak, fires to start, airbags to deploy and other hazards. If it is unsafe to stay in your vehicle after an accident, get to safety. Waiting off the street or on the shoulder of a highway are options. But in some cases it is safer to stay in your vehicle. For example, it may be safer to stay in your vehicle when a downed power line falls on it because vehicles are insulated from electricity. However, if you leave your vehicle be sure to watch for hazards like downed power lines, broken glass, leaking gas, and oncoming traffic.

3) When you are safe, call the police. It is always best for a police officer to document an accident. Louisiana police officers, State Troopers and Sheriff’s deputies use uniform accident reports to memorialize car crashes. Insurance companies and attorneys use these reports to determine important facts about the accident, including the identity of involved parties and insurance companies. You should not count on yourself to collect all the information needed for your case. You should use our public resources and have your accident documented by law enforcement. It is free, and police officers typically do a good job collecting information and documenting crashes. Finally, if you are injured, make sure you tell the police officer so that he notates it in his or her report.

4) Use your phone to document the scene. This tip assumes that you are not too injured. If you are severely hurt, seek medical attention immediately, or sit or lie patiently until an ambulance arrives. But if you are able to, be your own detective! Use your smart phone’s camera to picture the accident scene, damaged vehicles, crash debris, and roadway hazards that may have contributed to the accident. Your pictures will become evidence, so you have a duty to preserve them. But the pictures may go a long way in proving your case. Also, be sure to photo the other driver’s insurance card, driver’s license and license plate. If the other driver is intoxicated, use your phone’s video feature to document his or her slurred speech or other signs of inebriation.

5) If injured seek medical attentionIf you are injured in an auto accident it is important to seek medical attention soon after an accident. This is important for two reasons: (a) it will help diagnose and treat your auto injuries, and (b) it will create evidence of your auto injury. If possible avoid going to an emergency room (ER) or riding in an ambulance. ER and ambulance bills can be extraordinarily high, and if you do not have health insurance or a method to pay, these providers may send your bills to collection or report delinquent payments to credit agencies. When possible seek emergency treatment from an “urgent care” facility; these providers are more reasonably priced.

6) Contact an auto injury lawyer / personal injury attorney before making insurance claims. It is recommended that you retain an auto injury attorney before starting a personal injury claim against the other driver’s insurance carrier or your UM carrier. Remember: insurance companies are not on your side when you make a claim; making a claim creates an adversarial relationship between you and the insurance company. For example, insurance companies will often request that you give a recorded statement after an accident. The hope is that you will say something that hurts your case. But giving a recorded statement is not a requirement, and an experienced attorney will likely counsel you against giving one.

7) Be Honest! Be honest with your attorney and medical providers. Lies and omissions can hurt your case. For instance, failing to disclose preexisting conditions will hurt your case because the insurance company will use the omission to attack your credibility. Credibility is key in personal injury cases.

 

Have more Questions on Auto Accidents in New Orleans?  Check out our Auto Accident and Injury FAQ.

Car Accident and Personal Injury Attorney

If you need legal assistance, the first step is talking to an experienced attorney about your situation.

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Four things to do when you call the police after an auto accident in New Orleans:
  1. It is always a good idea to call the police after a car accident.  Police serve an important role in the documentation process after an accident and help keep involved parties safe.
  2. Officers responding to automobile collisions will interview the involved parties.
  3. Incorrect information is less likely to be exchanged when a police officer is involved after an accident. 
  4. Police officers document whether involved parties were injured in an auto accident.
  5. Police officers usually make a determination of fault after an accident scene investigation and incorporate their opinions in their accident reports.
Two cars front end collision
What if the person that caused the accident was uninsured? Unconditional Tenders and Uninsured/Underinsured Motorist (UM) Coverage

If you are injured in a car accident caused by an uninsured or underinsured driver, you will likely be entitled to uninsured/underinsured motorist coverage (UM) if you purchased it. Call an Auto Injury Attorney. 

Your UM insurer owes you a duty of good faith and fair dealing.  Jones v. Johnson, 45,847 (La. App. 2 Cir. 12/15/2010), 56 So. 3d 1016, 121.  Your UM insurer will be required to pay on your UM claim once you prove:

  • The uninsured or underinsured status of the owner or operator of the automobile that caused the accident;
  • The fault of the owner or operator of that automobile;
  • The damage resulting from such fault; and,
  • The extent of those injures.
How much is my auto accident case worth? Who is responsible for my damages or Injuries?

The answer to the question as to the value of a particular Louisiana injury case is that it depends on a variety of factors.  The following factors will need to be evaluated:

  • The Value of Pain and Suffering: Each accident victim will be entitled to pain and suffering.  Pain and suffering for a soft tissue injury will generally be less valuable than an injury involving a herniated or bulging disc in the spine.  An experienced attorney will look at prior case awards to determine what any given injury will likely be worth at trial.  The amount determined will guide the settlement negotiation process.  Click here for Lawyer Don’s article explaining how to prove pain and suffering.
  • Past Lost Income: An accident victim will be entitled to lost wages to the extent that the injury prevented him or her from returning to work. Please review my lost wages article, which explains how to prove lost wage awards.
  • Future Lost Income: An accident victim who is too injured to work in the future will be entitled to an award for future lost wages. To prove future lost wages a plaintiff (accident victim) will need medical documentation showing that his or her doctors opine that plaintiff will be unable to return to work for the long term.
  • Past Medical Bills: Add all of plaintiff’s accident related medical bills up. The total amount will be the value of past medical bills that you will be able to collect from the defendant insurance company.
  • Future Medical Bills: Your doctors should give opinions about the future medical treatment that you will need to heal your injuries. The defendants will be responsible for paying the total amount.  Typically, life care planners are retained to offer a report on the value of the future medical treatment recommended.  Life care planners have special certifications, which allow them to give future medical cost values in court.
  • Loss of Consortium: If your spouse has cared for you as the result of your accident and injury, a jury may award your spouse an amount to compensate your spouse for the hardship he or she has experienced as the result of your injury.
  • Venue or Location of the Accident Claim: The Parish where your lawsuit will be filed may affect the value of your case. Cases in Parishes with more conservative jury pools will be less valuable than cases pending in more urban Parishes.  For instance, an injury case involving an accident occurring in Kenner, Metairie or the West Bank may be considered less valuable than an accident case with similar injuries occurring in New Orleans.  That is because the New Orleans’ juries typically award more money than juries in Jefferson Parish.
  • Property Damage: The amount of damage to your vehicle should also be added to the total amount that you are owed in automobile accident cases.

After the above categories are analyzed an experienced auto injury attorney will be able to give you an idea of what your case may be worth.  However, the total value of the case may be reduced by the percentage of fault attributable to you for the accident.  This is because Louisiana is a comparative fault state.

Head-on Auto Accidents in New Orleans

Head-on wrecks frequently occur in Louisiana’s rural areas due primarily to poor lighting and two lane highways with counterflowing traffic. It is often the case that the only thing separating oncoming traffic is a dashed or solid line. With little space separating oncoming traffic, head-on collisions are frequent. There is such a small margin for error! Furthermore, narrow roads, lack of street lights and sharp turns create unexpected situations and additional hazards for drivers

One-way roads and highways are also sources of head-on collisions. Confused, negligent and/or intoxicated drivers cause accidents on one-way roads and highways in urban and rural areas. Traveling the wrong way on one-way roads creates the perfect storm for unfortunate and devastating accidents. On highways and interstates with higher speed limits the danger is even greater. Poor lighting also contributes to these accidents.

New Orleans Auto Injury Attorney Q&A​

Louisiana Traffic Law: Turning a Vehicle Right or Left on Red

A vehicle turning right at an intersection when facing a solid red light may do so after stopping completely and if there are no signs indicating that the...

Are you automatically at fault in New Orleans if you rear-end someone?

Rear-end collisions are a common type of auto accident. In most cases, the driver that rear-ends a vehicle is presumed to be at fault for the accident. This...

Value of Bulging or Herniated Discs in New Orleans Car Collision Cases

How much is my case worth if I have a herniated or bulging disc? Clients discover these injuries after undergoing MRI testing.
Law Offices of Donald D’Aunoy Jr. Personal Injury Lawyer