If you have never been involved in a motor vehicle accident before or filed a personal injury claim, you might not be all that familiar with Louisiana auto accident laws or how to go about obtaining compensation for your injuries and property damage. To ensure you do not make any unnecessary mistakes during this process, you should familiarize yourself with the car accident laws in Louisiana. It would also be wise to hire a personal injury attorney as soon as possible to handle your case.
Understanding the Statute of Limitations
Every state has a statute of limitations, which is essentially the timeframe within which a lawsuit must be brought to court. If you miss out on the statute of limitations, you will no longer be able to pursue compensation. In Louisiana, the statute of limitations for filing a personal injury claim after being injured in a car accident is usually one year (if the accident occurred before July 1, 2024 but is now two years for accidents that occurred on or after July 1, 2024) starting on the date of the crash. If you attempt to file a personal injury claim after a year has passed, you can expect the court to dismiss your case.
Make sure you give yourself plenty of time to file a lawsuit. You do not want to risk passing the deadline and jeopardizing your ability to secure compensation for your injuries.
The Role of The New Comparative Negligence Rules in a Car Accident Case
Beginning January 1, 2026, La. C.C. Art. 2323(A)(2)(a) will mandate:
(2) If a person suffers injury, death, or loss partly as the result of his own negligence and partly as a result of the fault of another person or persons, then the following shall apply:
(a) If the degree or percentage of negligence attributable to the person suffering injury, death, or loss is equal to or greater than fifty-one percent, then the person suffering injury, death, or loss shall not be entitled to recover damages.
This change to Louisiana’s comparative fault regime, which previously only required reduction in a plaintiff’s recovery proportional to the fault they were assigned by the jury, completely precludes recovery should they be found more than half at fault for the incident. In theory, this change will discourage lawyers from taking on cases in which liability is more of a toss-up given the increased risk of being left with nothing but a financial loss at trial.
For example, in a car accident where both drivers ran a stop sign at an intersection and got into an accident, but only one filed suit; the defendant driver would have more leverage to argue that other actions by the plaintiff driver, such as speeding, made them ever so slightly more at fault – completely negating the plaintiff’s recovery. Similar arguments would also have more weight during settlement negotiations, leading to lower settlement amounts and increasing plaintiffs’ willingness to enter into early resolutions of disputes.
Rules for Reporting an Accident
In Louisiana, you must report a car accident if it caused injuries or death or if the property damage exceeds $500. Those involved must report the incident to local law enforcement if it occurred in an incorporated town or city. Otherwise, it should be reported to the nearest sheriff’s office.
Speak to One of Our Skilled Personal Injury Lawyers
If you were injured in an accident, contact the knowledgeable legal team at Joseph A. Gregorio, A Professional Law Firm for the experienced legal help you need. We will aggressively fight for the compensation you deserve, relieving the financial burden of this overwhelming situation.
Contact our office today at (318) 719-7515 to request a complimentary consultation with one of our compassionate attorneys.