If you were in a Lafayette collision, understanding how car accident liability works in Louisiana is crucial for seeking the compensation you need. Proving liability is essential for maximizing your financial recovery, particularly if you were injured in a complex case involving multiple at-fault parties.
Attorney Omar Thibeaux is a respectful and hardworking attorney who will handle your liability claim after a car accident in Louisiana. Contact The Thibeaux Firm today for a free, no-obligation consultation about your case and to learn more about how Attorney Thibeaux can help you make the most of your insurance claim.
How Our Experienced Lafayette Car Accident Attorney Can Help You
Attorney Thibeaux is the 25% attorney. While other Lafayette car accident lawyers may charge up to 45% of your settlement or trial award as their fee, Attorney Thibeaux always charges a flat 25% for his services, meaning you get to keep more of your compensation.
He also has over 20 years of experience as a practicing lawyer in Lafayette and an extensive background in personal injury cases, including car accident liability law. When you need an attorney after a car accident, you need Attorney Thibeaux.
“I was beyond happy with my settlement. I would definitely recommend The Thibeaux Firm to everyone who gets in an accident, or anyone who needs a lawyer in general. The Thibeaux Firm is your firm to go to.” – Brooke H.
Some of the ways The Thibeaux Firm can help you with your car accident case are:
- Investigating the cause of the crash and gathering supporting evidence
- Filing your auto insurance claim with the at-fault driver’s insurance company
- Negotiating with the insurance company for a fair settlement covering your losses
- Taking legal action on your behalf if the insurance company denies your claim or refuses to offer fair compensation
Understanding Car Accident Liability in Lafayette
Car accident liability in Lafayette is based on fault. The party or parties at fault for the accident are liable for the harm they caused. More specifically, their insurance companies tend to be on the hook for any liability assigned to them.
In Louisiana, all drivers must have liability coverage of at least $15,000 per person and $30,000 per accident for bodily injury, and $25,000 per accident for property damage they cause. When another driver causes the accident that harmed you, you file a claim against their liability insurance policy.
If the driver who caused your injuries doesn’t have the required liability coverage, or if they flee the scene, you can file an uninsured motorist claim with your insurer. While uninsured motorist coverage isn’t mandatory in Louisiana, insurance providers are required to offer it. This means that unless you opted out of this insurance, it should be available to you.
Comparative Fault in Louisiana Car Accidents
Some car accident victims are concerned about what happens if they were partially at fault for the accident that caused their injuries. When this occurs, the state’s comparative fault rule, also known as comparative negligence, will apply.
Under Louisiana’s current pure comparative fault system, a victim’s compensation awarded through a trial will be reduced by a percentage equal to their assigned degree of fault for the accident. This means if you were found to be 30 percent at fault, you would only receive 70 percent of your awarded damages.
Currently, you can seek compensation as long as you were not 100 percent at fault for the accident. However, the law is set to change in 2026. Starting on January 1st, Louisiana will implement a modified comparative fault system that bars victims from recovering compensation if they are more than 50 percent at fault for the accident that harmed them.
It’s important to remember that comparative fault specifically applies to compensation awarded through a trial. They do not apply to settlements, but insurance companies consider this law when determining how much compensation to offer during settlement negotiations.
Proving Liability After a Car Accident
Determining liability in a car accident involves gathering varied types of evidence that work together to paint a picture of how the collision occurred. Some of the evidence we may collect to support your insurance claim includes the following:
- Accident scene photographs depicting the damage done to the vehicles, skid marks on the road, the road conditions, and relevant traffic signs and signals
- Traffic or dashboard camera footage that captured the accident occurring
- Eyewitness statements that can corroborate your version of events or provide additional insight into the crash
- Expert witness testimony, such as from crash reconstruction specialists who can explain how the collision occurred
- Police reports that include the responding officer’s initial findings and notes about the accident scene
- Medical records detailing the extent and severity of your injuries and the treatments your doctor recommends for them
Liability Beyond the Driver
While many car accident cases involve driver liability, the at-fault driver may not be the only party liable for your injuries. Other liable parties could include the following:
- Employers – If the at-fault driver was on the job at the time of the crash, such as a delivery driver, their employer could be liable through vicarious liability.
- Vehicle Manufacturers – When crashes occur due to defective products, such as faulty brakes or onboard computer malfunctions, the manufacturer may be strictly liable under product liability laws.
- Government Entities – The responsibility for maintaining public roads falls to government entities, which could be liable if poor road conditions contributed to the accident. However, you have to jump through additional hoops to sue the government, such as additional deadlines that your lawyer can help you meet.
- Maintenance Providers – When poor vehicle maintenance causes an accident, the maintenance provider could be liable for the harm their inadequate job caused.
Contact a Lafayette Car Accident Lawyer
If you were injured in a Lafayette car accident, contact The Thibeaux Firm for a free, confidential consultation with Attorney Thibeaux. He’ll explain how to prove liability in a car accident and walk you through the steps involved in seeking the compensation you need. When you need a hardworking and determined car accident lawyer, look no further than The Thibeaux Firm. Reach out to us today.