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What to Do After a Car Accident in Louisiana

June 22, 2022

Car accidents happen every day on Lafayette roads like Ambassador Caffery Parkway, I-10, Johnston Street, and the Evangeline Thruway. In 2021, Louisiana reported over 40,000 injury crashes and thousands more with property damage alone. When collisions happen, knowing what to do in the minutes and hours afterward can make the difference between a smooth recovery and years of financial stress.

At Brandt & Sherman, our Lafayette car accident lawyers have been helping crash victims for more than 50 years. We know insurers look for reasons to deny or minimize claims, and we know how to protect your rights from the very beginning. Here’s a step-by-step guide on what to do after a car accident in Louisiana.

7 Steps to Take After a Louisiana Car Wreck

1. Check for injuries and call 911

Your health comes first. Check yourself, your passengers, and others involved for injuries. Even if injuries seem minor, call 911 — it’s required in Louisiana if there are injuries, fatalities, or more than $500 in property damage. Emergency responders will:

  • Provide immediate medical care
  • Secure the scene to prevent further accidents
  • Create an official crash report, which is vital evidence for your claim

Delaying medical attention can hurt both your recovery and your case, as insurers may argue your injuries weren’t related to the crash.

2. Move to safety if possible

If vehicles are blocking traffic on I-10 or a busy Lafayette intersection, move them to a safe shoulder if you can do so without further injury.  Turn on hazard lights, and use cones or flares if available. If cars are disabled, remain in a safe location away from traffic until the police arrive.

3. Exchange basic information

Louisiana law requires drivers to share identifying and insurance information. Politely exchange:

  • Name, address, and phone number
  • Driver’s license number
  • Insurance company and policy number
  • Vehicle make, model, color, and license plate

Keep the conversation brief. Do not discuss fault or say “I’m fine,” as even casual remarks can be twisted by insurers to limit your claim.

4. Document the scene

Evidence disappears quickly after an accident. Take as many photos and videos as possible of:

  • Vehicle damage (all angles)
  • Road conditions, traffic signs, and skid marks
  • Weather and lighting conditions
  • Your visible injuries
  • License plates of all vehicles

Also write down your version of events while details are fresh. Courts and insurers often rely on contemporaneous notes as credible evidence.

5. Seek medical care right away

Adrenaline often masks pain. Injuries like whiplash, concussions, or internal trauma may take hours or days to appear. Even if you feel okay, see a doctor within 24–48 hours. This protects your health and creates medical documentation crucial to your claim.

6. Notify your insurance company

Notify your insurance company promptly, but be cautious. Stick to basic facts — the time, location, and vehicles involved. Avoid giving recorded statements without speaking to a lawyer first. Insurance adjusters are trained to minimize payouts, and a single misstatement can be used against you.

7. Call a Louisiana car accident lawyer

Louisiana has one of the shortest filing deadlines in the country — just one year from the date of the crash (Civil Code Article 3492). In addition, as of July 1, 2024, the statute of limitations for most car accident injury claims was extended to two years, but wrongful death and some cases still carry a one-year deadline.

A lawyer can:

  • Secure evidence before it disappears (phone records, black box data, surveillance footage)
  • Handle all communication with insurers
  • Identify every liable party and insurance policy
  • Negotiate for maximum compensation — or take your case to trial if necessary

What Not to Do After a Louisiana Car Accident

Many victims hurt their claims by making mistakes at the scene or shortly afterward. Avoid these common pitfalls:

  • Don’t admit fault, even casually.
  • Don’t leave the scene before police arrive (unless taken for emergency medical care).
  • Don’t rely on verbal agreements with the other driver — always document.
  • Don’t delay medical treatment, even if you feel “fine.”
  • Avoid giving statements to the other driver’s insurance company.

Compensation Available After a Louisiana Car Accident

Louisiana law allows crash victims to recover both financial and personal damages. Insurance companies often try to minimize payouts, but our Lafayette car accident lawyers work with medical experts and economists to calculate the full value of your claim so nothing is left out.

Economic Damages

  • Medical expenses (ER visits, hospital stays, rehab, prescriptions)
  • Lost wages and reduced future earning ability
  • Property damage (vehicle repair or replacement)

Non-Economic Damages

  • Pain and suffering
  • Emotional distress or PTSD
  • Loss of enjoyment of life
  • Loss of consortium (for spouses/families)

Wrongful Death Claims

If a loved one is killed in a Louisiana car accident, surviving family members may pursue wrongful death damages for funeral expenses, loss of support, and companionship.

In extreme cases, punitive damages may be available, such as crashes involving drunk drivers.

Why Choose Brandt & Sherman

For over five decades, families across Lafayette and Louisiana have trusted us to fight negligent drivers and powerful insurers. We know the crash hotspots on Lafayette roads, we’ve tried cases in courtrooms across the state, and we never charge fees unless we win.

FAQs About What to Do After a Car Accident in Louisiana

Do I have to call the police after a Louisiana car accident?

Yes. If the crash involves injury, death, or $500+ in damage, state law requires it. Police reports also create critical documentation for your claim.

Do I have to notify my insurance company?

Yes, most policies require prompt notification. But only give basic details until you’ve spoken with a lawyer.

What if I was partly at fault?

Louisiana follows comparative fault rules, meaning you can still recover compensation, but your award may be reduced by your percentage of fault.

What if the other driver doesn’t have insurance?

You may be able to recover through your uninsured/underinsured motorist (UM/UIM) coverage.

How long do I have to file a car accident claim in Louisiana?

For most cases, you have one year from the date of the crash. For accidents after July 1, 2024, certain injury claims may allow up to two years. Acting quickly ensures evidence isn’t lost.

What is the statute of limitations for Louisiana car accidents?

For crashes before July 1, 2024, victims generally have one year to file a claim. For accidents after July 1, 2024, most injury cases now allow up to two years. However, wrongful death claims still carry a one-year deadline, making it essential to act quickly.

Can I get compensation if I wasn’t wearing a seatbelt?

Yes. Your recovery may be reduced if not wearing a seatbelt contributed to your injuries, but you can still bring a claim against negligent drivers.

What should I do if the other driver’s insurance company calls me?

Do not give a statement. Refer them to your lawyer. Insurance adjusters work to minimize payouts — not to protect your rights.

Speak With a Louisiana Car Accident Lawyer Today

The moments after a crash are confusing — but you don’t have to go through the process alone. Call Brandt & Sherman for a free consultation with a Louisiana car accident lawyer. We’ll answer your questions, protect your rights, and fight for the compensation you deserve. You’ll never pay fees unless we win.

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Lafayette, LA
111 Mercury St. Lafayette, LA 70503

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