Facing the aftermath of a car crash on Shreveport roads can be a harrowing experience. The mounting medical expenses, lost wages, and prolonged pain and suffering can create a lot of stress and uncertainty for you and your family, and the path to recovery can seem unclear.

At The Desiah Law Firm, we understand the challenges you face and are committed to protecting your rights while guiding you through every step of your legal journey. Shreveport car accident lawyer Travis Desiah has a decade-long track record of advocating for clients in all kinds of auto accidents. From minor collisions to catastrophic crashes, Travis’s legal acumen and negotiation skills have been instrumental in securing substantial settlements for our clients.

From the moment you contact us, you are represented by a team that understands the nuances of motor vehicle accidents and personal injury law. We handle everything from evidence gathering to aggressive negotiations with insurers, so your case is positioned for the best possible outcome. For personalized legal assistance, call us at (318) 252-3034 or contact us online.

Louisiana Auto Insurance Laws

In Louisiana, the fault-based (or “tort”) system governs motor vehicle accidents. Under this system, the person responsible for the auto accident (and their insurer) is liable for the damages. Shreveport car accident victims can recover compensation in three ways: filing a car accident claim against the at-fault driver’s insurance, filing a personal injury claim with their own insurance, or filing a personal injury lawsuit.

Ideally, the negligent driver’s insurance should cover your medical bills, car repairs, and other losses. This is why every driver in Louisiana must have minimum liability insurance, as detailed in the Louisiana Revised Statutes (RS 32:861). The requirements are:

  • $15,000 for bodily injury per person
  • $30,000 for total bodily injury per accident
  • $25,000 for property damage

This minimum coverage is legally required, but it is important to note that in a severe motor vehicle accident, these amounts may not cover all damages. Drivers are encouraged to consider higher coverage limits for better protection.

As per the Louisiana Civil Code Article 2323, the state follows a “comparative fault” rule. This means if you are partly at fault for the car crash, your compensation can be reduced. For example, if you are found to be 20% responsible for an accident, your compensation will be reduced by 20%.

This rule allows for fair compensation even when an accident victim is more at fault than the other party, although the compensation is accordingly reduced.

In Louisiana, you have one year from the date of the accident to file a lawsuit. This one-year limit applies to both car accident injury and property damage claims.

Failing to take legal action within this one-year window generally results in the loss of the right to sue. Courts are very strict about this deadline so once it passes, the courts will almost certainly refuse to hear your case.

However, there are a few exceptions. In some cases, the injury or damage from an accident might not be immediately apparent. The “discovery rule” may apply here, where the statute of limitations might start from the date the injury was discovered or should have reasonably been discovered.

For minors or those who are legally incapacitated, the statute may start from the time they reach majority or regain capacity. Also, if your accident was caused by a vehicle owned by a government agency or driven by a government employee (in the course of their official duties), there may be different notice requirements and a potentially different timeline (e.g., 90 days or six months)

The “No Pay, No Play” law in Louisiana is designed to penalize drivers who operate vehicles without the legally required auto insurance. It was rightfully enacted to discourage any driving without insurance and to encourage compliance with the state’s mandatory insurance laws.

Basically, if you are in a car accident without insurance, you cannot collect the first $15,000 in bodily injury damages and the first $25,000 in property damages, regardless of who is at fault. If you do not have insurance and get into a car accident, you could end up paying from your own pocket. This is true even if the accident was not your fault. The law applies to all drivers in Louisiana, no matter their financial situation or why they do not have insurance.

The main goal of this law is to make sure everyone has at least the basic required car insurance coverage. This helps reduce the number of drivers without insurance, which is beneficial for everyone. It means that if there is a collision, the costs are not unfairly passed on to drivers who do have insurance.

The “no pay, no play” law in Louisiana does not apply to parked vehicles, passengers in a vehicle, accidents caused by drivers under the influence of alcohol or drugs, when the driver who causes the accident flees from the scene of the accident, drivers who caused the accident while committing a felony, and if you are a driver from another state that does not require the same amounts of coverage as Louisiana. The law also does not prevent uninsured drivers from suing for damages that exceed the $15,000 and $25,000 thresholds.

Having Uninsured/Underinsured Motorist Coverage is highly recommended as part of your car insurance policy in Louisiana. It is not mandatory, but a wise decision. It kicks in when you are in a car accident with a driver who either does not have any insurance (uninsured) or does not have enough insurance to cover all the damages (underinsured).

Louisiana has one of the highest rates of uninsured drivers in the country, so there is a good chance of being in a car accident with someone who has no insurance. If the other driver cannot pay for your medical bills or car repairs because they do not have enough (or any) insurance, UM/UIM coverage helps cover these costs.

Make sure to report your crash to your insurance company as soon as possible. This report initiates the claim process and is a requirement of most insurance policies. Prompt reporting helps to ensure that the details of the car accident are recorded accurately and can also expedite the personal injury claims process.

Keep in mind that the at-fault driver’s insurance company may contact you for a statement or offer a settlement. While it may all seem straightforward, approach these interactions with caution. Insurance adjusters are trained to minimize their company’s payouts. They might offer you a quick settlement that seems appealing but is often less than the full value of your claim.

Their initial settlement might not even cover all your medical expenses, especially if injuries require long-term treatment. Once you accept it, you may waive the right to seek additional compensation later, even if your condition worsens or additional expenses arise. So please consult with a car accident lawyer in Shreveport and allow them to assess the fairness of the offer and negotiate on your behalf.

Types of Car Accident Cases We Handle in Shreveport, LA

At The Desiah Law Firm, L.L.C., our team of skilled attorneys has managed a wide range of vehicle collision cases in Shreveport, including:

Where clients have been injured in car wrecks caused by another driver’s sudden stop or inattention.

These serious accidents require a careful investigation to establish fault, particularly in cases involving wrong-way drivers or those under the influence.

Occurring frequently at intersections, we handle issues of right-of-way and traffic signals to establish fault.

Our attorneys are skilled in identifying all liable parties to maximize compensation.

We work tirelessly to identify the fleeing party and explore all avenues for compensation.

Advocating for the rights of pedestrians and cyclists, we understand the severe implications these accidents can have and pursue justice diligently.

Whether it is due to inadequate signage, poor maintenance, or construction work, we help clients file claims against local, state, or federal government liabilities.

We also specialize in cases involving trucks, buses, and other commercial vehicles, and their unique regulations and complexities.

Addressing the serious nature of accidents caused by impaired driving, we aim to hold responsible parties fully accountable.

We tackle cases involving drivers distracted by mobile devices, navigation systems, or other in-car activities.

We offer comprehensive legal assistance in accidents where the at-fault driver lacks adequate insurance.

Who Is Liable for Your Shreveport Car Accident?

First of all, we focus on establishing its four key elements to prove negligence:

Showing that the other driver had a duty to drive safely.

Demonstrating how the other driver failed to uphold this duty.

Linking the other driver’s actions to the accident.

Proving that the accident caused your injuries and losses.

The most common liable party in car accidents. This includes drivers who may have been speeding, driving under the influence, distracted, or otherwise negligent. However, sometimes, the driver is not the one (or the only one) responsible. Each accident is unique, and liability can be shared among multiple parties.

Our personal injury attorney will conduct a thorough investigation to identify all the parties, which may include:

If the driver was working at the time of the accident (e.g., a commercial truck driver).

If a vehicle defect (faulty engine, brakes, tires, airbags) contributed to the accident.

If bad road conditions, such as potholes or lack of signage, played a role in the accident.

In cases where hazardous conditions on private property (like a parking lot) lead to an accident.

If a driver was over-served alcohol at a bar or restaurant and then caused an accident.

If a recent repair or service was improperly done.

In cases where a minor is driving, the parents might be held liable for their child’s actions behind the wheel, if they are the vehicle’s owner.

Types of Evidence Our Shreveport Car Accident Attorneys Will Collect to Prove Liability

Our injury lawyers at The Desiah Law Firm, L.L.C., understand the importance of solid evidence in proving liability in automobile accident cases. To build a strong case for you, our Shreveport car accident lawyers will:

  • Obtain police and accident reports for official details and officer observations.
  • Gather eyewitness statements to provide firsthand accounts of the accident.
  • Collect photos and videos of the car accident scene, vehicle damage, road conditions, traffic signs, skid marks, etc.
  • Compile medical records linking the car accident to your injuries and documenting treatment.
  • Consult with accident reconstruction experts, medical professionals, life care planners, mechanical engineers, economists, vocational rehabilitation specialists, automotive forensic consultants, and other specialists.
  • Acquire cell phone records to investigate possible distracted driving.
  • Analyze vehicle damage reports to understand the impact and collision dynamics.
  • Examine driver’s logs and company records for commercial vehicle accidents.
  • Check for traffic camera or red-light camera footage that may have captured the car accident.
  • Retrieve black box data from vehicles to piece together pre-crash events.
  • Investigate employment and driving records (of commercial drivers) for any patterns of negligence or previous incidents.

Why Choose The Desiah Law Firm in Shreveport, Louisiana

At The Desiah Law Firm, we believe every client deserves our full attention. Unlike larger firms where cases can get lost in the shuffle, we ensure that you always have direct access to your car accident lawyer, Travis Desiah. This personal connection means you are always informed and your case is handled with the care it deserves.

Travis Desiah brings nearly a decade of experience in handling personal injury cases in both State and Federal Courts. His extensive experience, in serious car accident cases involving automobile and 18-wheeler accidents, ensures that your case is backed by proven expertise.

Travis’s sharp negotiating skills and legal intellect have been pivotal in securing millions of dollars in settlements for clients. This track record is a testament to our firm’s ability to effectively advocate for our clients and achieve substantial outcomes.

Travis’s background in Business Administration, combined with his distinguished legal education, provides a unique blend of business acumen and legal expertise. This allows for a comprehensive approach to case strategy and client representation.

As a personal injury law firm deeply rooted in Shreveport, we understand the local legal environment intimately. Our connections and familiarity with the local courts and legal community can be a significant advantage in your case.

Frequently Asked Questions

Louisiana is a fault state.

Yes, you can. If the damages from the car accident exceed the other driver’s insurance coverage, you can file a lawsuit against them to recover the additional amount.

The driver who rear-ends another vehicle is generally presumed to be at fault, due to the expectation that drivers maintain a safe following distance.

You must report it to the police immediately if it results in injury, death, or property damage exceeding $500. For insurance purposes, it is best to report within 24 hours.

Try to note the fleeing vehicle’s description, call 911 immediately, gather witness information if possible, and report it to your insurance company.

Yes, if you have suffered psychological impacts as a result of the car accident.

You can get compensation for medical expenses, lost wages, property damage, pain and suffering, and sometimes punitive damages if egregious negligence is proven.

Consult with a Proven Shreveport Car Accident Attorney Today

Shreveport’s roads can be unpredictable, and so can the aftermath of a car accident. But we at The Desiah Law Firm, understand the local dynamics like no other. We are here to offer you a promise of steadfast support and dedicated advocacy in your hometown. Reach out to us today to start your journey towards justice and compensation, backed by a team that truly cares about you. For a free, no-obligation consultation, call us at (318) 252-3034 or send us a message here.