What Are The Common Causes Of Auto Accidents In Louisiana?

The driver’s inattention or distractions, such as texting, talking on cell phones, changing settings on the radio or other accessories, minding the needs of children in the vehicle, or a physical dispute or arguing with a passenger, are common causes of auto accidents in Louisiana. Another major cause of auto accident cases is driver impairment. Impairment can be caused by alcohol and this is, in particular, a bad problem in the state of Louisiana because of our cultural background in that regard. In Louisiana, the law allows daiquiri shops to be opened on the highway. You can drive by and pick up a daiquiri. Most service stations and convenient stores here sell beer and these are all right by the road where you can drive in and drive out real quick. Driver impairment is also caused by drugs, both prescription drugs and illicit drugs.

Another major cause of accidents probably nationwide is speeding. We are all busier than we should be these days and we are always in a rush. The new vehicles are so well-tuned and airtight and you do not realize how fast you are going. Another major cause is driving too closely behind the car in front of you, which is sometimes referred to as tailgating. This is when you just do not leave enough distance between you and the vehicle in front of you to safely stop in the event of some unexpected action by the person in front of you. Failure to give right of way is also a major cause of accidents.

What Impact Does The Cause Of The Accident Have On My Personal Injury Case, If Any?

The cause of the accident can have an impact on a personal injury case. The at-fault driver in automobile accidents has generally violated a state law. The common causes of auto accidents are generally violations of state criminal law. It is a plus for the claimant that the at-fault driver has actually already committed a crime for which he has been charged. However, if the claimant was a driver of a vehicle and he or she violated the law by being, for example, drunk or being spaced out on drugs or speeding or running a red light, then the claimant is actually at fault and a cause of the auto accident. If that is the case, then his or her recovery for injuries could be denied or reduced because of his or her actions.

If I Was Not Wearing A Seatbelt At The Time Of My Accident, Can I Still Recover Damages?

In the state of Louisiana, you can still recover damages if you are not wearing a seatbelt. Some states deny recovery to someone who is not wearing a seatbelt or they reduce the amount of recovery, but in Louisiana, the law does not penalize you for not having a seatbelt on at the time of the collision.

Should I Ever Release My Medical Records To Any Insurance Company?

Whether you should or should not release your medical records to any insurance company depends on a few factors. If you have Medical Payments coverage on your own personal automobile insurance policy, in this instance then your own insurance company would pay up to a certain limit of your medical expenses. Therefore, you would have to surrender your medical records to your own insurance company along with the bills so they could see that the bills were justified to pay you under your policy.

It is my recommendation as an attorney with a lot of experience that you should not release your medical records and bills initially to the at-fault insurance company. You should never sign a general release of medical records form for them. They may find things in them that you may not want them to know. It is just not to your advantage to do that for the at-fault insurance company until they get very serious about settling your case.

If I Do Not Feel Injured After An Automobile Accident, Do I Still Have To See A Doctor?

It is not required that you see a doctor if you do not feel injured after an automobile accident. However, it is best to see your primary care doctor to get yourself checked out to make sure that there is not something going on that the doctor may see or find that you may not be aware of at the time. The defendant auto accident insurance companies generally take the position that people who are hurt see a doctor. They reason that, if you do not see a doctor, you are not hurt and you should not get any money. If you do not see a doctor then you have to work hard to overcome this presumption by the defendant’s insurance company because they believe that if you are hurt enough then you are going to see a doctor.

Can Anything That I Share With My Medical Doctor Ever Be Used Against Me?

Anything that you share with your medical doctor can be used against you. You should always be careful of what you say when talking to your doctor, but you should always be truthful with your doctor. Just stop and think first before speaking and saying something. For example, if a doctor asks you during his taking of your history if you have ever been in previous accidents, if you have then you should say yes. If you have and you say no and later on during the investigation of your claim by the insurance company they find out that you lied about this, they can certainly use that lie against you in court. This may seriously impair your claim. They will present it to the judge or to the jury that if you lied about one thing, you could be lying about some of these other things. Make sure that it is the truth and that you think a little bit before you answer some questions about how it is going to sound when it comes up later in court.

For more information on Auto Accidents In Louisiana, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (225) 228-3450.

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