According to crash data from the Louisiana Highway Safety Commission, aggressive driving has been on the rise in recent years. Each year since 2010, aggressive driving has contributed to more than 100,000 crashes. The data also shows that 78 percent of traffic fatalities in Louisiana in 2017 were caused by one of four factors: aggressive driving, alcohol, distraction, and lack of a safety belt.
If a Metairie car accident lawyer has left you with injuries, or if you lost a loved one in an aggressive driving accident, you may be entitled to financial compensation. Call Laborde Earles Injury Lawyers at (337) 777-7777 to learn how we can help you pursue damages from the at-fault driver.
Louisiana Reckless Driving Laws
There is a broad range of driving behaviors that are considered aggressive in Louisiana. Aggressive driving includes driving above the speed limit, following too closely, passing improperly, failing to yield, disregarding traffic controls, or other types of careless operation.
Two state laws protect people from aggressive drivers in Louisiana:
- Louisiana Revised Statutes (RS) §32:58 addresses the careless operation of a vehicle. This law requires drivers to operate their vehicles in a careful and prudent manner that does not put people in danger of personal injury, death, or property damage.
- RS §14:99 sets the penalties for reckless operation of a vehicle. A first offense is punishable by a fine of up to $200, a prison sentence of up to 90 days, or both. Subsequent offenses are punishable by a fine of $25 to $500, a prison sentence of ten days to six months, or both.
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What to Do After a Metairie Aggressive Driving Accident
After an aggressive driving accident, you should report the accident to the local police, sheriff, or state police. RS §32:398 requires the driver of an accident that causes injury, death, or property damage of more than $500 to immediately report the accident to local law enforcement. Drivers involved in an accident that causes injury, death, or property damage of more than $100 must file a written report with the Department of Public Safety and Corrections within 24 hours.
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Negligence and Liability in a Metairie Aggressive Driving Accident
It is important to determine which driver was negligent and therefore liable for the accident when you claim financial damages after an accident. Police and insurance company investigations are an important step in determining liability, but a personal injury lawyer can also help by conducting an independent investigation. Your lawyer can begin to collect evidence such as photographs from the accident, police reports, eyewitness statements, and more.
Louisiana’s comparative laws, outlined in the Louisiana Civil Code (CC) §2323, state that multiple parties can be found negligent in a car accident. Therefore, each party’s damages should be reduced in proportion to their contribution. In plain terms, this law means that if you are found partly responsible for causing an accident, then you can only claim partial damages.
If you have been found partly responsible for an accident that you believe was fully caused by an aggressive driver, a Metairie aggressive driving accident lawyer may be able to help you.
For assistance with claiming full damages after a Metairie aggressive driving accident, reach out to the team at Laborde Earles Injury Lawyers by calling (337) 777-7777.
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Determining Damages from a Metairie Aggressive Driving Accident
One way a lawyer from Laborde Earles Injury Lawyers can assist you after a Metairie aggressive driving accident is to help you determine the value of your damages. You may be entitled to compensation for some or all of the following expenses:
- Property damage
- Vehicle repair bills
- Medical bills, including doctor’s appointments, hospital stays, surgeries, rehabilitation services, prescriptions, and over-the-counter medications
- Lost wages if you are out of work after the accident
- Future lost wages if you are unable to continue working in your current profession
A Metairie aggressive driving accident lawyer can document these expenses to validate your claim. Your lawyer can collect bills, medical records, and receipts as evidence of the damages you have suffered.
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How a Lawyer at Laborde Earles Injury Lawyers Can Help You
A Metairie car accident lawyer at Laborde Earles can help you with all legal aspects of your case. We can collect evidence supporting your claim, handle all written and verbal communication with the at-fault driver’s insurance company, and submit forms and claims to the insurance company.
We can also negotiate a settlement on your behalf. If we cannot agree on a reasonable settlement, we can help you file a lawsuit and represent you in court.
Statute of Limitations in a Metairie Aggressive Driving Accident
If you were hurt or lost a loved one in a Metairie aggressive driving accident, it is important that you take legal action quickly. Louisiana limits the amount of time you have to file a lawsuit for damages. Once the time has passed, you cannot legally claim any damages.
CC §3492 sets the statute of limitations for personal injury at one year. Similarly, CC §2315.1 sets the statute of limitations for damages from a wrongful death at one year, starting from the date of the death, not from the date of the accident. CC §2315.2 gives specified survivors the right to sue for damages from a wrongful death.
If you wait too long to file your case, you will forfeit your right to sue for damages. A Metairie aggressive driving accident lawyer from Laborde Earles Injury Lawyers may be able to help you pursue legal action against the at-fault driver.
If you were hurt or lost a loved one in a Metairie aggressive driving accident, reach out to the team at Laborde Earles Injury Lawyers by calling (337) 777-7777. Our lawyers are ready to get to work for you.
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