A car accident can have detrimental implications on both the drivers and their passengers. When a motorist purposefully engages in reckless driving practices and their actions cause an accident, they can be found financially liable for any ensuing damages. If you were in an accident caused by a reckless driver, you might be entitled to pursue compensation to cover the cost of your medical bills, lost wages, and other related costs.
A New Orleans reckless driving lawyer can do the following to help you:
- Investigate the details of your collision
- Assign liability to the responsible party
- Estimate the cost of your economic and noneconomic losses
- Negotiate for a settlement offer or court award that covers your damages
In Louisiana, under Civil Code (CC) Art. 3492, you have one year from the date of your accident to move forward with a lawsuit. If you do not take action within this timeframe, you could put your chances of financial recovery at risk.
For a free case review, call the Morris Bart law firm at (504) 613-4771.
Injuries and Compensation from a Collision
Vehicle accident injuries can range from mild to life-threatening. The victim can suffer neck pain, whiplash, broken bones, bruising, facial lacerations, and back pain. In the worst scenarios, the accident can lead to brain trauma or rupture of the internal organs, whereby one may require surgery. Other people develop mental health complications stemming from the trauma of the incident.
Careless driving constitutes negligence. As an accident victim, you have the right to pursue compensation that accurately covers your expenses as they relate to the collision.
If your case is successful, you may be able to recover the cost of:
- Bills stemming from your medical treatment and care
- Lost wages, if you cannot immediately return to work
- Reduced earning capacity, if you are left with impairments that do not allow you to return to your former place of employment
- Property damage
- Pain and suffering and inconvenience
This is not meant to be an exhaustive list of the items you can pursue following a car accident. When you work with a New Orleans reckless driving lawyer, they will review various documents relating to your medical care and treatment to determine what amount of compensation accurately covers the sum of your losses.
To learn more about what this process entails, call the Morris Bart law firm at (504) 613-4771.
For a free legal consultation with a Reckless Drivings Accident lawyer serving New Orleans, call 800-537-8185
Recognizing Reckless Driving
One of the first things to know if you are injured in an accident caused by a reckless driver is that even if they are arrested and booked on criminal charges, you still have the ability to file a personal injury lawsuit against them. Some claimants think that because the other driver was arrested, that is the end of their legal obligations. This is not the case.
Many details of your accident will be found in the police report made at the scene of the crash. The attending law enforcement official who files the report may include details that showcase the other driver’s negligence, including their reckless driving practices.
Some examples may include:
- Driving under the influence of drugs, alcohol, or fatigue
- Distracted driving, such as texting or engaging in road rage
- Drag racing
- Running stop signs or red lights
- Failure to yield to those who had the right of way
- Weaving in and out of traffic
Under Louisiana Revised Statutes (RS) Title 32 §398, you are required to file a police report if the accident resulted in death, injuries, or property damage exceeding $500. Additionally, you must file a written report of the accident to the Louisiana Department of Public Safety & Corrections (LDPSC) within 24 hours of the accident.
If you did not file a police report or alert LDPSC of the incident, a New Orleans reckless driving lawyer can share with you your legal options. However, it’s always recommended to file a police report, as the responding officers will typically log details that will directly assist you as evidence in proving what really occurred.
Measures to Take Following a Car Accident in New Orleans
The actions you take and the things you say following a car accident in New Orleans can play a huge role in determining the outcome of your situation.
While your legal team may be able to undertake many legal obligations for you, here are some measures you can take to promote a successful resolution to your case:
- Seek prompt medical attention. You may have left the accident scene with minor cuts and bruises. However, hidden trauma can manifest itself in the days and weeks following the collision. You do not want to give the other party the opportunity to say that your injuries were not caused by the accident because you did not seek medical attention. Your health and safety should be your top priority following the accident.
- Complete your full course of treatment. You do not want to discontinue treatment against your doctor’s advice. Even if you feel better (or are not benefiting from medical care), again, you do not want to give the other party the ability to raise doubt about your condition.
- Refrain from social media. Insurance adjusters sometimes view the public profiles of claimants searching for evidence to question their injuries. The photos and comments you post to social media, no matter how innocent, could be used against you. Additionally, under no circumstances should you communicate with the liable party via social media. All communications regarding your case should be left to your legal team.
A lawyer can advise you on additional ways to protect your best interests.
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At the Morris Bart law firm, we work on a contingency-fee-basis. We understand that many people do not seek legal assistance because of concerns associated with the cost of legal representation. Operating on a contingency-fee-basis means that we do not collect payment for our attorney’s fees until the conclusion of your case––and only if it is successful.
Our team is eager to learn about your case and make a plan of action on your behalf. To get started with a free case review, call the Morris Bart law firm at (504) 613-4771.
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