Who Can Be Sued in a Car Accident Case?
The other driver is the obvious answer here, but depending on the circumstances, you may also have claims against an employer, a trucking company, a vehicle manufacturer, a government entity, a bar or restaurant, a rideshare company, or even your own insurer. Identifying every liable party isn't just a legal formality. It directly affects how much compensation you can recover, because each defendant may carry separate insurance coverage.
At Laborde Earles Injury Lawyers, identifying all potentially liable parties is one of the first things we do on every case. David Laborde and Digger Earles have spent decades untangling complex liability in Louisiana car accident cases, and our firm has recovered over $1 billion for injured clients. That track record exists in part because we’re not afraid to dig deeper, and we don't stop at the obvious defendant.
This guide covers every party that can potentially be held liable in a Louisiana car accident case, what you need to do immediately after a collision to protect your rights, how Louisiana's fault system works, and when to get an attorney involved.
What to Do Immediately After a Car Accident
The following steps protect your health and preserve the evidence your case will depend on:
Ensure Safety and Call 911
- Move to a safe location if possible
- Call 911 even for a seemingly minor accident
- La. R.S. 32:398 requires drivers involved in an accident resulting in injury, death, or significant property damage to remain at the scene and report the crash to law enforcement
- A police response creates an official record that documents the scene, identifies parties and witnesses, and often includes a preliminary fault assessment.
Document Everything at the Scene
- Photograph all vehicles from multiple angles including wide shots and close-ups of damage
- Photograph the road, intersection, signage, traffic signals, and skid marks
- Photograph your visible injuries
- Record video of the full scene, narrating what you see
- Note nearby businesses or homes with security cameras that may have captured the crash
Exchange and Collect Information
- From every driver involved, get: full name, phone number, driver's license number, insurance company and policy number, and vehicle make/model/plate number
- From witnesses, get names and phone numbers before they leave the scene
- From responding officers, get the officer's name, badge number, and report number
Seek Medical Attention Within 24 Hours
- See a doctor even if you feel fine
- Some injuries—concussions, soft tissue damage, internal bleeding—don't present symptoms immediately
- A prompt medical evaluation creates a documented connection between the accident and your injuries that strengthens your claim and makes it harder for insurers to argue your injuries were pre-existing or unrelated
Write Your Account the Same Day
- While details are fresh, write down everything you remember
- Include what you were doing before the crash, what you saw the other driver doing, the moment of impact, any statements made at the scene, and how you felt physically and emotionally
- These contemporaneous notes carry significant evidentiary weight
Potentially Liable Parties: Who You Could Sue
Louisiana's general tort liability framework under La. C.C. art. 2315 provides that every act of a person that causes damage to another obligates the person by whose fault the damage occurred to repair it. Here's who may be liable under that principle:
The At-Fault Driver
The most straightforward defendant. If another driver's negligence caused the crash due to the following, they may be liable for your damages:
- Speeding
- Distracted driving
- Running a red light
- Driving under the influence
- Failing to yield
Your claim is filed against the driver's liability insurance. Louisiana's mandatory minimum liability coverage is 25/50/25:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $25,000 for property damage
In serious injury cases, those minimums are often far below the actual value of the claim, which is one reason identifying additional liable parties and coverage sources matters.
The Driver's Employer (Vicarious Liability)
If the at-fault driver was on the job at the time of the crash, the employer may be vicariously liable under the doctrine of respondeat superior. Examples include:
- Making deliveries
- Driving to a job site
- Running a work errand
- Operating a company vehicle
The employer is legally responsible for the negligent acts of its employees committed within the scope of employment. Employers typically carry far higher insurance limits than individual drivers; a delivery driver's personal policy may carry $25,000 in coverage while the employer's commercial policy may carry $1 million or more.
To reiterate, the employee must have been acting within the scope of their employment. A worker commuting to or from work in their personal vehicle is generally not within scope, but a worker driving a company truck between job sites during the workday generally is.
Trucking Companies
Commercial truck accidents involve a distinct liability framework. The trucking company may be liable not only under vicarious liability for its driver's negligence, but also for its own independent negligence in hiring, training, supervising, and maintaining vehicles and compliance with Federal Motor Carrier Safety Regulations.
Potentially liable parties in a truck accident include:
- The truck driver
- The motor carrier (trucking company)
- The cargo loading company (if improper loading caused or contributed to the crash)
- The vehicle or parts manufacturer
- The broker or shipper
Each may carry separate insurance, and federal regulations require commercial trucks to carry minimum liability coverage of $750,000.
Vehicle and Parts Manufacturers (Product Liability)
If a vehicle defect caused or contributed to the accident the manufacturer, distributor, or retailer may be liable under Louisiana's product liability law, the Louisiana Products Liability Act (LPLA), La. R.S. 9:2800.51 et seq.
Examples include the following:
- A tire blowout
- Brake failure
- Defective airbag
- Faulty steering system
- Accelerator malfunction
Under the LPLA, a manufacturer is liable if the product was unreasonably dangerous due to:
- A construction or composition defect
- A design defect
- Inadequate warnings
- Failure to conform to an express warranty
You don't need to prove the manufacturer was negligent, only that the product was unreasonably dangerous and that the defect caused your damage.
Government Entities (Road Design and Maintenance)
If the accident was caused or contributed to by a dangerous road condition the government entity responsible for that road may be liable. Qualifying examples include the following:
- An unrepaired pothole
- A missing stop sign
- Inadequate lane markings
- A defective traffic signal
- A poorly designed intersection
- Lack of guardrails
In Louisiana, claims against government entities are subject to special rules. State agencies are sued through the Louisiana Division of Administration. Local governments (parishes, municipalities) have their own claims procedures. Importantly, government liability claims often have shorter notice requirements than the standard prescriptive period, making prompt legal consultation essential.
Property Owners (Premises Liability)
If a road hazard originated from private property, the property owner may be liable under La. C.C. art. 2317, which imposes liability on those who have things in their custody for damage caused by their ruin, vice, or defect.
Examples include:
- an unsecured load that fell from a construction site
- a tree limb that obstructed visibility
- water or debris flowing onto the roadway from an adjacent property
Parking lot accidents also fall under premises liability. If poor lighting, missing signage, or a defective road surface contributed to a collision on private property, the property owner or management company may bear responsibility.
Bars and Alcohol Vendors: Louisiana's Dram Shop Rules
Louisiana takes a significantly different approach to alcohol vendor liability than most states. Under La. R.S. 9:2800.1, the legislature has declared that the consumption of alcohol—not the sale or serving of it—is the proximate cause of injuries caused by an intoxicated person. This means that in most cases, a bar, restaurant, or social host who serves alcohol to an adult of legal drinking age is not liable for injuries the intoxicated person later causes.
The exceptions are narrow but important:
- Serving a minor: If a vendor serves alcohol to someone under the legal drinking age, the liability shield under La. R.S. 9:2800.1 does not apply.
- Force or misrepresentation: If someone causes or contributes to another person's consumption of alcohol by force or by falsely representing that a beverage contains no alcohol, the limitation does not apply.
In many states, a bar that overserves a visibly intoxicated patron can be held liable for injuries the patron causes after leaving. In Louisiana, that claim is generally not available. Your attorney needs to understand this distinction to focus your case on the parties where liability actually exists.
Rideshare Companies (Uber, Lyft)
If your accident involved a rideshare driver, liability depends on the driver's status at the time of the crash:
- App off: The driver's personal insurance applies. The rideshare company has no coverage obligation.
- App on, waiting for a ride request: The rideshare company provides limited liability coverage, typically $50,000/$100,000/$25,000.
- En route to pick up a passenger or actively transporting one: The rideshare company provides $1 million in liability coverage.
The correct coverage tier depends on the driver's precise status at the moment of the crash, which is documented in the rideshare company's records and obtainable through discovery.
Other Negligent Drivers (Multi-Vehicle Accidents)
In chain-reaction, multi-vehicle, or intersection collisions, more than one driver may share fault. If three drivers contributed to a crash, each may be liable for their respective share.
Your Own Insurance Company (UM/UIM and Bad Faith)
If the at-fault driver is uninsured or underinsured—meaning their coverage is insufficient to cover your damages—you can file a claim under your own uninsured/underinsured motorist (UM/UIM) policy. Louisiana law allows drivers to carry UM/UIM coverage, though it can be rejected in writing.
If your insurer unreasonably delays, denies, or underpays your UM/UIM claim, you may also have a bad faith claim under La. R.S. 22:1973, which can result in penalties up to twice the damages owed plus attorney fees.
How Louisiana's Comparative Fault System Works
| Fault System | How It Works |
States That Use It |
| Modified Comparative Fault (51% Bar) | You can recover damages only if you are found to be less than 51% at fault. If you are 51% or more responsible, you recover nothing. Your recovery is reduced by your percentage of fault. | Louisiana, Texas, Connecticut, and several others |
|
Modified Comparative Fault (50% Bar) |
You can recover only if your fault is 50% or less. Beyond that, you recover nothing. | Most U.S. states |
| Pure Comparative Fault | You can recover damages even if you are 99% at fault. Your recovery is reduced by your percentage of responsibility. | California, New York, Florida, and several others |
| Contributory Negligence | If you are even 1% at fault, you recover nothing. | Alabama, Maryland, North Carolina, Virginia, D.C. |
What this means for you: In Louisiana, you can recover damages as long as you are found to be less than 51% at fault; if you're 51% or more responsible, you're barred from recovery entirely. If you were 30% at fault and your total damages are $500,000, you'd recover $350,000.
Understanding Insurance Coverage Types
| Coverage Type | What It Covers | Whose Policy |
| Bodily Injury Liability | Your medical bills, lost wages, and pain/suffering — paid by the at-fault driver's policy | At-fault driver's |
| Property Damage Liability | Repair or replacement of your vehicle — paid by the at-fault driver's policy | At-fault driver's |
| Collision | Damage to your vehicle regardless of fault | Your own |
| Medical Payments (MedPay) | Your medical expenses regardless of fault, up to policy limits | Your own |
| Uninsured Motorist (UM) | Your damages when the at-fault driver has no insurance | Your own |
| Underinsured Motorist (UIM) | The gap between the at-fault driver's coverage and your actual damages | Your own |
Notifying Insurance Companies: What to Do and What to Avoid
- Notify your own insurance company promptly. Most policies require timely notification of an accident. Provide the basic facts (date, time, location, other driver's information), and nothing more.
- Do not give a recorded statement to the other driver's insurance company without your attorney present. You are not legally required to do so, and adjusters are trained to ask questions designed to minimize your claim or establish shared fault.
- Do not accept any settlement offer before consulting an attorney. Early offers are almost always below the true value of your claim, particularly if you haven't yet reached maximum medical improvement.
- Do not sign any release or authorization from any insurance company without legal review. A release permanently closes your claim.
When and Why to Contact an Attorney
Liability in a car accident case is rarely as simple as it looks. Here’s what your attorney does that you probably cannot do on your own:
- Identifies all potentially liable parties, not just the obvious ones
- Investigates employer relationships, vehicle ownership, and commercial insurance coverage
- Sends preservation demands to protect critical evidence (vehicle data, surveillance footage, employment records)
- Handles all communication with insurers so you never face an adjuster alone
- Calculates the full value of your claim including current and future medical costs, lost wages, lost earning capacity, pain and suffering
- Negotiates from a position of strength backed by evidence and legal authority
- Files suit and takes the case to trial when insurers refuse to pay fair value
FAQs: Liability in Louisiana Car Accident Cases
Can I sue the other driver personally, or just their insurance company?
Technically, your lawsuit is filed against the at-fault driver, but in practice, their liability insurance company defends the case and pays the settlement or verdict up to policy limits. If the judgment exceeds the driver's policy limits, you may be able to collect against the driver personally, though this is less common. The more effective strategy is usually identifying additional defendants with additional insurance coverage.
What if the other driver was uninsured?
You can pursue a claim under your own uninsured motorist (UM) coverage if you carry it. Louisiana law allows UM coverage, though drivers can reject it in writing. If you have UM coverage, your own insurer steps into the shoes of the at-fault driver's absent insurer. If your insurer acts in bad faith in handling that claim, you may also have a claim under La. R.S. 22:1973.
How long do I have to file a lawsuit after a car accident in Louisiana?
Under La. C.C. art. 3493.1, Louisiana's prescriptive period for personal injury claims is two years from the date of the accident, effective July 1, 2024. Claims against government entities may have shorter notice requirements.
Can I still recover damages if I was partially at fault?
Under Louisiana's modified comparative fault system (La. C.C. art. 2323), you can recover damages as long as you are found to be less than 51% at fault. If you were 30% at fault and your total damages are $500,000, you can recover $350,000. But if you are determined to be 51% or more responsible, you cannot recover anything, which is exactly why insurers work hard to push your fault percentage as high as possible.
Can I sue a bar that overserved the drunk driver who hit me?
In most cases, no. Louisiana's La. R.S. 9:2800.1 expressly provides that the consumption of alcohol—not the sale or serving—is the proximate cause of injury. Bars and restaurants that serve adults of legal drinking age are generally shielded from liability. Exceptions exist for serving minors and for causing consumption by force or misrepresentation.
What if the at-fault driver was texting?
Distracted driving is negligence. If the other driver was texting, using an app, or otherwise distracted, that behavior supports your claim for liability. Cell phone records are obtainable through discovery and can establish exactly what the driver was doing at the time of the crash.
Can I sue a car manufacturer if a defect contributed to the accident?
Yes. Under the Louisiana Products Liability Act (La. R.S. 9:2800.51 et seq.), manufacturers are liable if their product was unreasonably dangerous due to a defect in construction, design, or warnings. If a tire blowout, brake failure, or airbag malfunction caused or worsened your injuries, the manufacturer may be a defendant in your case.
What if the at-fault driver was an Uber or Lyft driver?
Liability and available coverage depend on the driver's status at the time of the crash. If the driver was en route to pick up a passenger or actively transporting one, the rideshare company provides $1 million in liability coverage. Your attorney can obtain the driver's trip status from the rideshare company's records.
Who pays my medical bills while the case is pending?
Your health insurance, MedPay coverage (if you have it), or workers' compensation (if the accident was work-related) may cover your medical expenses while the case is ongoing. The at-fault driver's liability insurance does not typically pay your bills in real time; it pays a lump sum settlement or verdict at the conclusion of the claim.
Do I need an attorney for a car accident case?
If your injuries are minor and the liability is clear, you may be able to handle the claim yourself. But if you have significant injuries, disputed liability, multiple parties, commercial vehicles, government entities, or insufficient insurance coverage—which describes most serious car accidents—an experienced attorney will almost certainly recover more than you would on your own, even after fees.
Every Liable Party Missed Is Money Left on the Table
At Laborde Earles, our mission is to advocate for those who have no voice or recourse. In a car accident case, that starts with identifying every party responsible for what happened to you. David Laborde and Digger Earles lead a team of 25+ attorneys with 350+ years of combined experience that investigates every angle: employer relationships, vehicle defects, road conditions, commercial coverage, bad faith. We do it because who you sue matters just as much as whether you sue.
We're all in on every case: next-level case preparation, full collaboration across our team, and a relentless focus on results, not excuses. It's why we've recovered over $1 billion for injured Louisianans and earned 1,700+ client reviews at a 4.9 Google rating. It's why we stay rooted in the communities we serve, with offices in Lafayette, New Orleans, Baton Rouge, Lake Charles, Alexandria, Marksville, and New Iberia.
If you've been hurt in a car accident and you're not sure who's responsible, or you suspect there's more to the story than one negligent driver, schedule your free case evaluation today. We're available 24/7/365, in English and Spanish. Remember, you pay nothing unless we win.
