Lafayette Car Accident Lawyer

Top-Rated Car Accident Attorney in Lafayette, LA

Car accidents can have devastating physical and emotional effects, leaving you in pain and facing overwhelming medical expenses, lost income, and various hardships. If your injuries were caused by a negligent driver, you have the right to seek compensation for your suffering and losses. To help you in your case, seek assistance from a Lafayette car accident lawyer.

At the law office of Chris Villemarette, Trial Lawyer, our mission is to help you secure fair and thorough compensation for your injuries and the challenges brought upon by a careless or reckless driver. Contact our experienced Lafayette car accident attorney today.

Types of Car Accidents

All car accidents in Lafayette involve different causes and injuries. This is why no two car wrecks can be handled exactly the same by insurance companies. Insurance coverage also varies to serve as protection from a multitude of incidents. Before filing an accident claim, it’s important to note what type of accident you were involved in and how you wish to handle it. Below are a few commonly reported accidents.

Multi-Car Accidents

A multi-car accident includes:

• Rear-end collisions
• Two collided vehicles stopped in the middle of traffic
• Vehicle pileups, or collisions, involving several vehicles

Typically, it is one driver’s negligence that causes a major collision involving several cars. Other factors that can impact these types of accidents are poor weather conditions, speeding, road construction, drivers under the influence of alcohol, and tailgating.

Driving Under the Influence

Many of the car crashes that happen on the road are caused by those who are driving under the influence of alcohol or drugs. As driving under the influence of substance use inhibits the driver’s ability to focus, it poses great risks to the driver’s and others’ safety. Unfortunately, due to slower reflexes, deadly crashes are often a result. Even prescription medications can affect a person’s reaction speed, so make sure that you know how your body handles it before driving. To help reduce such incidents, DWI laws and penalties have been put in place to discourage impaired driving and hold offenders accountable.

Distracted Driving

With the advancements of technology come more distractions for drivers. In Louisiana, it is illegal to read texts or type text messages while driving. It is also illegal to scroll through social media feeds or make posts while driving. Additionally, phone calling is not legal in school zones while school is in session. Distracted driving is a serious offense, so rather than risk injuring yourself or others, put your phone down while you are driving.

If you have been an accident victim of distracted driving or in an auto accident due to another driver’s negligence, you may deserve compensation for vehicle damages, medical bills, and other related costs.

Speeding

No matter what type of vehicle, any car that is going above the speed limit can cause an accident, as it is difficult to suddenly stop a car with a fast momentum. Speeding inhibits a driver’s reaction time and requires a longer distance to fully come to a stop. These types of vehicle incidents are often a result of the driver going too fast in inclement weather, going above the speed limit, and racing.

Driving While Tired

All too frequently, an individual gets behind the wheel but is not fully alert. Driving while drowsy is similar to driving while under the influence of alcohol, as reflexes are slower than normal, and it is difficult to focus. In some cases, the fatigue may be so great that the individual may even fall asleep while driving. This can lead to drifting into another lane or off the road, which can cause deadly accidents, both for the driver and others on the road.

Resources for Lafayette Accident Victims

Victims in Lafayette can find support after a crash. Local hospitals like Ochsner Lafayette General Medical Center and Our Lady of Lourdes Regional Medical Center handle accident-related injuries.

For mental health care, groups like The Family Tree Information and Education & Counseling Center offer counseling. The Acadiana Area Human Services District also helps people deal with the mental toll a crash takes on victims.

Victims can request a copy of their accident report through the Lafayette police department. This can be done online or in person at the Lafayette Police Department headquarters on East University Avenue.

Lafayette Roads Where Serious Car Accidents Frequently Occur

No two car accidents occur in exactly the same place. However, certain roadways in Lafayette see higher traffic volumes and more distracted drivers throughout the day. Identifying roads where crashes frequently occur helps drivers know where to pay attention and can also help explain how and why an accident happened.

Certain intersections in Lafayette see thousands of vehicles each day, combined with turning lanes, commercial driveways, and frequent stops. When traffic is congested during rush hour, these intersections also see more rear-end collisions, left-turn accidents, and side-impact crashes.

Ambassador Caffery Parkway and Johnston Street are two roads that experience significant congestion because they intersect with multiple commercial businesses. Restaurants, shopping centers, medical offices, and retail businesses can drive traffic during all hours. Drivers may frequently deal with other vehicles entering and exiting parking lots or trying to turn left across Johnston Street.

Kaliste Saloom Road is another road with heavy traffic volumes as it passes through neighborhoods, medical complexes, and business districts. Traffic backs up frequently along Camellia Boulevard as well as the commercial stretches with drive-thrus and restaurant parking lots.

Additional Roads to Consider

Pinhook Road also experiences high traffic volumes each day as it links I-10 to local businesses, hotels, and neighborhoods. Merging traffic from the interstate, lane changes, and local drivers attempting to access these businesses can cause crashes during busy times of the day.

Evangeline Thruway, also known as US-90 Business, is another Lafayette road commonly associated with serious injury crashes. Since it carries traffic from downtown to care neighborhoods and suburbs, you may find passenger cars, commercial trucks, and local traffic all sharing the same roadway. Increased speeds, traffic signals, and commercial traffic can all contribute to serious crashes.

Although the above roads experience high traffic volumes throughout the day, serious crashes can happen anywhere. Whether in the middle of a busy intersection or even on neighborhood streets, collisions still occur. Any road can present danger, including a parking lot, rural road, and highway.

Understanding the Local Court Process After a Car Accident

While most personal injury claims settle without a legal trial, either through negotiation with insurance companies or through mediation, some cases proceed to court. The sheer volume and seriousness of Lafayette car accident claims can sometimes escalate into legal action. If liability is disputed or the insurance companies cannot reach an agreement on value, accident victims may choose to file a claim to recover compensation.

Claims for car accidents in Lafayette Parish are usually heard in Lafayette Parish’s 15th Judicial District Court, which can be found at 800 S. Buchanan Street, Lafayette, LA 70501. Once a claim has been filed, discovery between the parties begins. During this time, both parties may be asked to disclose information related to the accident and injuries. Written questions, known as interrogatories, may be asked. Documents may be requested and shared.

To gain a deeper understanding of the incident and the resulting injuries, both sides are permitted to depose witnesses under oath and consult with professionals in medicine and accident reconstruction. Finally, motions may be filed with the court. Negotiations may continue through this time frame, but they often speed up once discovery is complete and each side has a better idea of the strengths and weaknesses of the case.

Should the case not settle through negotiation, mediation, or another method of alternative dispute resolution, the case may then proceed to trial. Either party has the right to request a jury trial. As with any judicial district in Louisiana, the 15th Circuit has local rules and scheduling guidelines that should be followed carefully to preserve all deadlines and evidence.

Steps to Take After a Car Wreck

After a wreck, call for help right away. Emergency services should respond. A police officer can make a report. Medical help can treat injuries at the scene.

This call also starts a record of the crash. That record can help later in a claim. Skipping this step can lead to problems with insurance in the future. Use a phone to take photos. Focus on damage to vehicles and the local environment. Try to get pictures from more than one angle.

• Write down what happened: Include the time and location. If others saw the crash, get their names and phone numbers.
• Ask the other driver for their name and contact information: Give them your details as well. Write down their license plate number.
• Do not admit fault: Keep the talk short and calm. Stick to facts. The police may make their own report.
• Even if the pain feels small, go to a doctor: Some injuries take time to show. Waiting can make the pain worse.
• A medical report connects injuries to the crash: Insurance adjusters may question claims without medical proof. The longer the delay, the harder the claim can become.
• Call your insurance company soon after the wreck: Share the facts. Let them know the police were called.
• Do not guess or speculate about the crash: Stay calm and direct. The insurer may open a claim and may ask for documents or photos you took.

What Not to Do After a Lafayette Car Accident

The actions you take immediately following a crash can impact your physical recovery and your legal options for seeking financial compensation. Equally as serious are the mistakes you avoid making during the days and weeks after an accident. After a car accident in Lafayette, we recommend that you do the following:

• Do not make any statements to insurance companies without consulting with an attorney or receiving medical care to assess the extent of your injuries. Insurance adjusters are trained to ask questions that can undermine or outright dispute your injury claim.
• Do not post about the accident or your injuries on social media. Your Facebook pictures, comments, Instagram videos, or Snapchat check-ins can all be pulled up during the claims process. Photos and posts that show you engaged in activities that your injuries should prevent you from doing can be used to claim your injuries aren’t as severe as you say.
• Do not quickly accept the first settlement offer just because it’s offered. The insurance company often lowballs its initial offer because it may not know the full extent of your medical treatment, rehabilitation, or long-term care needs. After a settlement agreement is signed, you cannot go back to the insurance company later if you discover you have additional injuries as a result of the crash.
• Do not miss follow-up doctor’s appointments or fail to follow your doctor’s recommendations for treatment. Insurance companies love using gaps in medical treatment as a reason to claim your injury was not as debilitating as you say it was. Following your doctor’s recommendations can help establish a recovery timeline and create an ongoing medical record.
• Do not fix or dump your car before taking pictures of damage to both vehicles. Photographs can help show the severity of the crash and help explain how the crash occurred.
• Do not wait to get a copy of the police report. Having the report in hand early on is crucial for correcting factual errors while they’re still manageable, before recollections fade and physical evidence is no longer accessible.

Although avoiding these things does not promise a favorable outcome for your claim, it can help preserve evidence for your claim and prevent unnecessary disagreement as you move through the insurance process.

When to Hire a Car Accident Lawyer

A Lafayette car accident attorney can handle many of the details involved in the claims process after a serious car accident. This can allow you to concentrate on getting better. When you hire a car accident lawyer, they can look into the case and analyze the evidence present. They can also calculate your damages and use those calculations to negotiate with insurance companies on your behalf.

Should you decide to file a claim, an attorney can help you file your paperwork within the legal time frame. An attorney can also help preserve evidence and make sure all possible sources of compensation are identified before your claim is settled.

Reporting Requirements in Louisiana

Louisiana law requires you to report a crash if someone gets hurt or killed. You must also report if the damage appears to be $500 or more. These rules apply across the state, including Lafayette.

The damage does not have to look major. If you have doubts, report the crash. Police can judge the damage. Most wrecks meet the $500 limit easily, especially when airbags deploy or glass breaks. Reporting early helps prevent legal trouble. It also creates a record, which helps with claims later.

Determining Liability

The Louisiana car accident laws that determine liability for a car accident operate under the principle of pure comparative negligence. Sometimes, there may be several parties responsible for the accident that can be legally required to pay compensation.

Applying this to your case can result in you being compensated for losses by multiple parties, including the driver responsible for the crash and their employer if they were driving for work. You also may be compensated by any government entity if they did not properly maintain the roads. Even a manufacturer or auto mechanic can be held liable if a mistake was made in constructing or repairing your vehicle.

In some circumstances, you may be awarded compensation even if you are partially to blame for the accident. Keep in mind that if more individuals are involved in a car crash and a personal injury claim is the result, the case becomes more complicated.

Injuries Sustained by a Car Accident Can Lead to Compensation

If you have been in a car wreck that wasn’t your fault and you sustained serious injuries, you may be able to receive compensation. With the help of a car accident lawyer, you can receive payment for medical treatment, wages lost from having to take off work, emotional trauma you’ve experienced, and property damage. Receiving compensation for an accident that wasn’t your fault can help make up for personal injuries.

Experienced Lafayette Parish Car Accident Lawyer

We take pride in our ability to not only determine who is at fault for the accident but also identify the party responsible for the financial damages incurred. We also take pride in our keen skill of finding insurance coverage when the insurance company says no coverage exists and making that insurance coverage apply even when the insurance company denies coverage.

Mr. Villemarette does not handle cases in bulk. We have no need to rush for quick and simple settlements. Our goal is to enhance your recovery from the insurance company and avoid lower payouts insufficient to cover your expenses.

We advocate for compensation on behalf of clients who have suffered injuries in motor vehicle accidents, including:

• Head injuries and traumatic brain injuries: Car crashes often cause head trauma. The force of impact can shake the brain. Symptoms usually include things like dizziness or confusion. Treatment can last for several months or even years. In 2020, there were 214,110 hospitalizations related to traumatic brain injuries.
• Soft tissue injuries: Sprains are often considered soft tissue injuries. These can happen in rear-end crashes. They cause pain and limit movement. Many people need therapy, medication, or both to recover.
• Broken bones: Crashes cause bone breaks quite often. This especially happens in limbs and ribs. Some breaks heal with casts. More severe breaks might need surgery.
• Paralysis: Severe damage to the spine can cause paralysis. The impact can change a person’s life. Many lose movement in parts of the body and need full-time care.
• Spinal cord injuries and paraplegia: A wreck can crush or tear the spinal cord. This leads to a loss of function below the injury. This sometimes prevents people from walking for the rest of their lives. Others might regain this function after surgery and rehab. As of 2019, the National Spinal Cord Injury Statistical Center at UAB estimated that there are 363,000 people with a spinal cord injury in the United States.
• Neck injuries: Neck pain often follows a rear-end collision. Damage to discs or vertebrae can cause long-term issues. These injuries often involve nerve pain and may limit daily activity.

If you have experienced any of these injuries, you deserve comprehensive compensation, including:

• Medical expenses, both current and future: Treatment after a car accident can cost thousands. Future surgeries or ongoing therapy can add more debt. A claim can seek recovery for all of it.
• Physical pain and suffering: Pain can stay long after the crash. Some pain limits work or home life. A claim can ask for payment based on how the pain affects daily life.
• Mental pain and suffering: Some victims feel fear or sadness after a crash. Panic attacks and nightmares can follow. Therapy costs are high, but these effects deserve compensation just like physical ones.
• Lost wages: Missing work means lost income. 34% of people in the United States live paycheck to paycheck. Even short-term injuries can hurt wages. A claim can include the total missed pay since the crash.
• Lost earning capacity: Some injuries affect long-term job ability. If a person can’t return to the same work, a claim can ask for the future pay they may not earn.
• Vehicle damages: Cars often suffer damage after a wreck or get totaled. A claim can help repair or replace the vehicle. This can include hidden costs as well, like the cost of renting a vehicle in the meantime.

In addition, we provide compassionate representation to families who have tragically lost a loved one in a car accident. Wrongful death and survivorship claims are unique and require a skilled and experienced Lafayette car accident lawyer to navigate through the legal obstacles. While you focus on healing and grieving, we can safeguard your financial interests.

Types of Auto Accident Cases We Handle

• Boat Accidents: Water crashes cause quite a few injuries. Boats collide due to driver inexperience. The crashes can also be alcohol or speeding-related. Boat insurance and personal coverage might be involved.
• Drunk Driving Accidents: Drivers who drink and crash often cause the most harm. These cases can involve criminal charges as well, but they are entirely separate from a civil car accident claim. The civil claim can seek damages for injuries while the state deals with the criminal case.
• Rideshare Accidents: Crashes involving Uber or Lyft drivers raise extra legal issues. Depending on their status at the time of the crash, they might qualify for commercial insurance or have to use their own. The rideshare company might share fault. Each case needs careful review.
• Truck Accidents: Large trucks can crush smaller cars. These wrecks cause serious injuries. Claims may involve the driver, the company, or even the truck maker or mechanic who worked on the truck. Federal rules can apply here as well.
• Uninsured & Underinsured Motorist Accidents: Some drivers carry no insurance. Others do not have enough to cover all the damages. Victims can still file a claim using their own coverage. Louisiana drivers sometimes have this type of policy without knowing it.

Regardless of the type of vehicle accident, an attorney can help you recover damages.

FAQs

Q: How Long After a Car Accident Can You File a Claim in Louisiana?

A: The time frame that you have to file a claim after a car accident in Louisiana is referred to as the statute of limitations and has changed in recent years. While it may seem like you have enough time, keep in mind that the statute of limitations can be reached quickly when factoring in medical treatments, negotiations with insurance companies, and any investigation that is necessary for determining who is at fault.

Q: Is Louisiana a No-Fault State?

A: No, Louisiana is not a no-fault state. Instead, it is considered a fault state, which means that it is the responsibility of the accident victim to provide proof of the other driver’s negligence in causing the accident. Additionally, the victim holds the driver accountable for compensation of vehicle damages, personal injuries, and medical costs. Victims can file a claim on the at-fault party’s car insurance, or they can file a legal claim on the driver if their insurance is insufficient.

Q: What Should You Do After a Car Accident in Lafayette, LA?

A: After you have a car accident in Lafayette, LA, you must first stop and move your vehicle to a safe place if possible. Then, call 911 in case anyone has sustained injuries. Exchange your contact information with the other drivers. You will then need to report the incident to your auto insurance company. If you have sustained serious injuries and want compensation, contact a car accident lawyer.

Q: What Are Pain and Suffering Damages in Lafayette, LA?

A: Pain and suffering damages in Lafayette, LA, are a type of non-economic damages. These types of damages do not have a fixed cost, such as a medical bill. Non-economic damages include physical and emotional pain, physical disability, emotional anguish, disfigurement, depression, hopelessness, loss of services, and loss of companionship.

Pain and suffering damages can be difficult to prove, so it is wise to consult with a car accident lawyer for assistance.

Contact a Skilled Car Accident Lawyer in Lafayette, Louisiana

Do not hesitate to seek the support you need. Contact our Louisiana car accident lawyer today or call us at 337-426-9622 to schedule a consultation with a tenacious trial lawyer who is prepared to advocate for your rights in negotiations or the courtroom.