Side-impact collisions are quite common in parking lots or at intersections. Whether the liable party was driving under the influence, distracted, or acting with malicious intent, you can receive compensation for the injuries you suffered in the accident. However, many factors could make it difficult to receive the compensation you deserve.
You will have to prove that the injuries are due to the accident. Additionally, you will have to negotiate with the liable party’s insurance company. This is usually the hard part because the insurance company might downplay the severity of your injuries and attempt to prove that you were the liable party.
Getting an Abbeville side-impact collision lawyer might help after a side-impact collision. The lawyer can come up with a legal strategy that will show how your injuries are due to the accident, and how the liable party is at fault for the accident. A side-impact collision lawyer can also negotiate with insurance companies on your behalf.
An attorney will also file your case in court and represent you if negotiations do not result in a settlement. Give Laborde Earles Injury Lawyers a call today at (337) 777-7777 and receive a free case evaluation.
Parties You Can Make a Claim Against After a Side Impact Collision
Every accident is different, and determining the liable party is the most important factor in helping you get compensated. In some cases, the driver’s actions do not constitute a breach of duty of care.
These are some of the parties that you might be able to claim compensation from after a side-impact collision:
- The vehicle’s manufacturer
- The driver
- The state
The car’s manufacturer is liable for the accident if your car or the other party’s car had a defect that directly contributed to the side-impact collision. However, a successful claim against the manufacturer means that you will have to show that the vehicle’s defect caused an unreasonable risk of harm. You will also have to show that you or the other party was using the vehicle as intended.
The driver in the other car is liable if they acted in breach of their duty of care. According to the National Highway Traffic Safety Administration (NHTSA), speeding killed nearly 10,000 people in fatal accidents in 2018. Other causes of accidents by a driver include driving recklessly, sleeping on the wheel, or driving under the influence.
You could pursue a claim against the state if it failed to carry out its responsibility in ensuring that the road is safe. The state is liable if the road is poorly maintained, doesn’t have working traffic signals, or if they otherwise breached their duty, which contributed to the accident.
A lawyer will evaluate your case and decide what party or parties are liable for the accident.
What to Know About Side Impact Collision Claims in Louisiana
Each state has various laws regarding personal injury claims after an accident. Here are some of the things you should know about making a claim in Louisiana:
- You can get compensated even if you were partly liable
- You generally have two years to file your personal injury claim
- You can get compensated by your insurance company
- You can make a claim against multiple parties
Louisiana has a comparative negligent system, which allows the injured party to receive compensation even if they were partly at fault. This is according to the Louisiana Civil Code (CC) Article 2323. The comparative fault system reduces the compensation you can receive by your percentage of fault in the accident. For instance, if you are partly liable for 20% of the accident, your compensation will reduce by 20%.
After a side-impact collision in Louisiana, the statute of limitations on filing a personal injury claim is two years. If you file past the two-year timeline, you generally will be unable to recover compensation. There are some exceptions to this rule, so you might benefit from consulting with a lawyer to see if you still qualify.
You can also get compensated by your insurance company if the liable party does not have insurance. Louisiana law requires that every auto insurance policy has uninsured motorist coverage. This helps compensate the injured party in hit-and-run accidents, or when the compensation from the liable party is not enough to cover the injuries sustained in the side-impact collision.
Besides, you can make a claim against multiple liable parties in Louisiana. An Abbeville side-impact collisions lawyer can help you with your personal injury claim.
Let Laborde Earles Injury Lawyers help you find justice and receive compensation for both economic and non-economic damages you incurred in a side-impact collision. Get a free case evaluation today by reaching out to us at (337) 777-7777.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientPossibility of Filing a Claim After the Statute of Limitation Lapses
The statute of limitations on personal injury claims in Louisiana is two years. However, certain factors can allow you to file your case even after the two-year lapses. One of the circumstances where you can file your case after two years is when you discover the injury a long time after the accident. In this case, the statute of limitations would begin when you discover the injury.
You can also file the case if you were below the age of 18 at the time of the accident. This is because you were not legally an adult at the time. Contact a lawyer to know if you can still file your case after the two-year lapses.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientGet in Touch with Laborde Earles Injury Lawyers Today
An Abbeville side-impact collisions lawyer understands personal injury law in Louisiana. Also, they know the methods insurance companies employ to deny or downplay the value of claims from side-impact accidents. Let Laborde Earles Injury Lawyers help you or your loved one get the compensation they deserve. Get in touch with us today at (337) 777-7777.
