CAR ACCIDENTS
I just had a car accident, what should I do now?
- Remain at the Scene: You should remain at the scene until it is appropriate to do so. If you leave, you may face criminal charges for “hit-and-run” or other penalties, especially if someone sustained injuries or was killed.
- Check Everyone Involved: Make sure everyone involved in the accident is okay. If you are someone else has been injured call 911 or a local emergency medical service (EMS). If someone is unconscious or is in pain, do not move them unless an imminent emergency or hazard requires doing so.
- Assess Property Damage: Assess and take pictures of all property damage to all vehicles involved in the crash.
- Speak to Witnesses: Ask all witnesses what he/she saw, then get their names and contact information.
- Call the Police: Call the local or state police if physical or property damage has been sustained. Upon arrival, obtain the name and badge number of the responding officer. Also, request an incident number and ask that a police report be filed.
- Exchange Information: Get the names, phone numbers, email address, physical and mailing addresses, drivers’ license numbers, license plate numbers, insurance information, and make and model of the vehicles from all drivers and passengers involved in the automobile crash. In talking to the other drivers, try to be cordial and cooperative.
- Consult an Attorney: Once you have been allowed to leave the scene and/or have sought medical attention, it is best to consult with an experience attorney. The attorney will inform you of your rights and will relieve you of dealing with insurance companies. The attorney will also help you maximize your recovery if you have suffered damages.
My car is wrecked, should I take pictures?
Yes, the following pictures should be taken:
- Damage to All Vehicles Involved
- Your Bodily Injuries
- Other Vehicle’s License Plate
- Entire scene
- Your Vehicle’s Odometer
- Damaged Personal Belongings
What should I avoid doing after an accident?
- Leave the scene of the accident.
- Fail to call the police.
- Talk to the other driver, other than merely obtaining his/her contact and insurance information.
- Give a recorded statement to an insurance company or any adverse party.
- Delay seeking medical treatment.
- Wait too long to obtain a recovery since there are time limits for filing lawsuits to obtain such a recovery.
What if I don’t know who caused my accident?
Immediately contact an attorney. He or she will be able to conduct an investigation related to causation. If the attorney cannot make that determination, he or she may retain certain experts to assist with doing so.
What is an independent medical examination?
It’s an examination that the other party (e.g. Other driver’s insurance company) requests that you undergo with a medical provider who has not previously rendered care to you.
The person that hit me does “not have” insurance, what can I do?
If you have uninsured motorist (“UM”) coverage to cover the damages you sustain, under your automobile insurance policy, you can file a claim against that policy for recovery of those damages.
The person that hit me “has insurance” but does “not have enough” insurance to pay for all of my damages, what can I do?
If you have underinsured motorist (“UM”) coverage to cover the damages you sustain, according to your automobile insurance policy, you can file a claim against that policy for recovery of those damages.
How much time do I have after my accident to decide whether or not to sue?
Louisiana law provides one (1) year from the date the damage was sustained to file a lawsuit. The date the damage was sustained is usually the date the automobile accident occurred.
I recently suffered physical injuries in an accident. Do I really need an attorney?
It depends on your circumstances. For example, if you are nearing the deadline to file a lawsuit and have been unable to obtain a recovery for your medical bills, pain and suffering, and/or loss wages, you should hire an attorney so that a lawsuit is filed and you don’t forever lose your rights to pursue that recovery. Additionally, if there is a dispute about liability or who is at fault for causing the accident, you may want to hire an attorney to handle those legal issues for you.
Many legal issues can arise after being involved in a motor vehicle accident, so it is strongly suggested that you immediately contact an attorney experienced in handling automobile accident claims so that your legal interests are protected.
Can I still get my medical bills paid if I was partially at fault for the accident?
You may but your recovery for payment of the medical bills may be reduced by your percentage share of fault.
Do I need to see a medical professional within the first 14 days after my accident?
Yes. The sooner you are examined by a medical professional, the sooner you’ll find out if you suffered any injuries and if so, the sooner you’ll be be able to begin the appropriate course of treatment for those injuries.
Further, if you are filing a claim for personal injuries, any delays in undergoing treatment can adversely affect your recovery. Insurance adjusters usually refer to such delays as “gaps in treatment,” and often refuse to pay claims that have “gaps” or will pay them at a reduction. From an adjuster’s standpoint, if you’re not treating, you must not be in pain.
Lastly, once you have filed a personal injury claim, you will have to prove that you actually suffered injuries and pain, as a result of the car wreck. You can prove that by way of documentary evidence in the form of medical records. By seeking treatment, it will allow your doctor to provide diagnosis and detail the pain that you reported. He/she can then relate those injuries to the car wreck that you were involved in.
DWI
Can I go to jail for DUI?
Yes. Louisiana law provides possible jail time for each offense (e.g. first, second, & etc.)
Will my license be suspended if I refuse the chemical breathalyzer exam?
Your license can be suspended for refusing the chemical breathalyzer test. The term of suspension is dependent on whether or not who have refused to take the breathalyzer before.
- First Refusal – suspension of 1 year
- Second Refusal – suspension of 2 years
- Third Refusal – penalties are the same as a first offense DWI, if the person has refused the test after already refusing on two previous/separate occasions of DWI or was involved a crash resulting in a fatality or serious bodily injury.
The periods may also vary from those mentioned above if the driver is under the age of 21, serious bodily injury occurred while the suspect was driving, or the driver is later convicted of DWI/DUI.
What if I refused to take a breath, blood or other alcohol test when I was pulled over?
Pursuant to Louisiana law, a person may refuse to submit to the test if he or she has not refused on two previous/separate occasions of DWI or was not involved in a crash resulting in a fatality or serious bodily injury. However, refusal results in the license suspensions mentioned above and will also likely result in you being charged with DWI.
Why should I hire a DWI lawyer if the state already has test results showing I was over the limit?
Even though the test results show you were over the legal limit, that does not mean that those results were accurate. An experienced DWI lawyer would be able to attack those finds by investigating whether the proper procedures were used when administering the tests, if the proper personnel administered the test, if the proper machine and equipment were used, whether the machine was properly calibrated, and other information related to the accuracy of the readings.
Further, an attorney would also be able to look into whether there the proper procedures were used when stopping and arresting you; and he/she would also review the evidence to see if there is a basis to keep certain damaging evidence out of court.
Lastly, aside from the what’s mentioned above and many other reasons, an attorney would be able to advice you on the penalties you are facing and what potential plea deal options would be best for you.
When do DUI charges come off my record?
DUI charges come off your record by expungement. How soon you can file for an expungement depends on whether or not your charges are classified as a misdemeanor or a felony. Most misdemeanors may be expunged after five (5) years from the end of your sentence/probation. Most felonies may be expunged ten (10) years from the end of your sentence/probation.
Should I have refused to take the breathalyzer test?
Yes. Louisiana law provides for stricter penalties and suspension of your drivers license if the results show that your blood alcohol concentration or above certain limits. If you refuse to blow, The state will not have evidence of your blood alcohol concentration. Further, if it was your first refusal, then you will not be suffer the penalties that one would usually suffer for a first offense had they blown.
It is important to note that you may still be arrested for driving while intoxicated and they may request that you undergo a urine test.
Can I get my DUI conviction expunged?
Yes you can. However, Louisiana law provides for certain delays before you can do so. The Russell Law From would be happy to discuss what delays may apply to you.
How much information should I provide the police before and after I am arrested for DUI?
Other than providing personal identifying information, insurance information, and registration; you should only request your right to a lawyer.
What is the “worst case“ scenario if I have been charged with DUI?
Maximum penalties for DUI in Louisiana vary depending on whether the DUI is a first, second, third, fourth or more. Additionally, other aggravating factors such as blowing over certain blood alcohol content thresholds and causing injury to someone else while driving under the influence may impact what type of penalties you face under the law. Consult with an attorney about your particular circumstances.
How much money will a DUI cost me?
The overall cost of a DUI/DWI varies dependent upon whether it was a First Offense, Second Offense, Third Offense, Fourth Offense or greater. Fines generally range between $500 to $5000. Additional costs could include: legal fees, court costs, substance abuse programs, driver’s license administrative fines, interlocking device for your vehicle, and even increased auto insurance premiums. Time away from work to attend court hearings and trial, participate in court-approved substance abuse programs, serve community service hours, and even serving imposed jail-time may have an economic impact, as well.
UBER AND LYFT ACCIDENTS
Uber and Lyft have become a regular part of daily life here in Louisiana and nationwide. While ridesharing is often safer than driving yourself, accidents still happen. At the Russell Law Firm, LLC, we represent people who were injured in Uber or Lyft accidents where another party was at fault.
Below are answers to a few of the most frequently asked questions regarding ridesharing accidents. Please note that the material below is general information and is not legal advice. To questions regarding your personal situation, contact us for a consultation.
What Makes an Uber or Lyft Accident Different from a Regular Collision?
While carrying passengers, Uber and Lyft may provide $1M in coverage for their drivers when they are responsible for an injury accident; this may also apply if a ridesharing driver is hurt in an accident that is the fault of another driver. The amount of coverage is much more than most drivers’ insurance policies because these companies have billions of dollars in assets to protect. As you might guess, this makes it easier for victims to be fully and fairly compensated.
What Happens if I Get into an Accident when a Rideshare Driver isn’t Carrying Passengers?
In Louisiana, Uber and Lyft’s $1M insurance policy only covers drivers that have passengers in their vehicle during the collision. A different policy is enacted when drivers are on their way to pick up passengers. If an Uber or Lyft driver gets into an accident when they are not currently working, the driver’s insurance policy will apply instead.
What Should I Do If I Get into an Accident with an Uber or Lyft Driver?
As soon as it is safe, report an accident to the authorities and the responsible rideshare company. It is important to establish a connection between you and the company as this can help with your claim.
It’s also important to accept any medical assistance that is offered to you. Vehicle accidents involve significant physical impacts, and some serious injuries may not be immediately apparent. Additionally, if injuries are later revealed, the insurance company may be able to deny those claims on the grounds that the injuries occurred elsewhere or wouldn’t have occurred if you had accepted the initial medical help.
When you’re out of harm’s way, try and document as much of the scene as possible. Gather the contact information of witnesses and any involved parties.
Finally, it is very important not to accept any settlement offers without consulting with a lawyer. Insurance companies may try to lowball your claim with sums that may seem large but are actually less than what you are legally entitled to.
When Should I Consult a Lawyer?
As quickly as possible and definitely before you accept an insurance company’s offer! Whatever type of accident you’ve been in, the Russell Law Firm, LLC can ensure that your rights are protected. Visit our contact page or call the number on your screen today to learn more.