How to Handle Accidents with Out-of-State Drivers in New Orleans

Picture this: You’re having a great day in New Orleans when suddenly, a car with plates from another state crashes into you. Just like that, your fun day turns stressful.

We at Alvendia, Kelly & Demarest Law Firm have helped many people in this situation. Accidents with drivers from other states in New Orleans can be tricky. Louisiana’s laws are different, and dealing with an out-of-state driver makes things more complicated.

But don’t worry. We’re here to help you understand what to do step by step. We’ll explain how to handle this situation and protect your rights.

Is Louisiana a fault state for car accidents?

Louisiana is indeed a fault state for car accidents but uses a comparative fault system. This means that Louisiana doesn’t follow a simple yes-or-no fault determination. Instead, it allows for a more nuanced approach where multiple parties can share responsibility for an accident.

In this system, each party involved in an accident can be assigned a percentage of fault based on their actions. Importantly, even if the fault is mainly yours, you can still find compensation from other involved parties. The amount you can recover will be lowered according to how much the accident was your fault.

For example, if you’re found to be 70% at fault in an accident with $10,000 in damages, you could recover $3,000 (30% of the total damages). This system applies to insurance claims and court cases, but it’s crucial to act quickly due to Louisiana’s short one-year statute of limitations for filing accident claims.

Understanding the Basics

Here are the main things to know when you’re in an accident with an out-of-state driver in New Orleans:

• Time Limit: In Louisiana, you have only one year from the accident date to sue. This is shorter than in many other states, so remember it.
• Local Laws Apply: Louisiana laws apply even if the other driver is from another state because the accident happened here.
• Insurance Differences: Drivers from other states might have insurance that is different from what Louisiana requires, which can complicate things.

How Louisiana’s Fault System Works

Louisiana uses a system called “pure comparative fault.” Here’s what that means:

• Everyone who is in an accident can be held responsible to some degree.
• The money you can get depends on how much the accident was your fault.

For example:

• If you were 30% at fault (maybe you were speeding a little),
• And the other driver was 70% at fault (they ran a red light),
• And your total damages were $10,000,
• You would get $7,000. This is because your % of the fault (30%) is taken off the total.

What to Do After the Accident

If you’re in an accident with an out-of-state driver, do these things:

1. Check for Injuries: Make sure everyone is okay. Call an ambulance if needed.
2. Call the Police: Always call the police. You’ll need a police report.
3. Take Pictures: Get photos of:

• • The damage to all cars
  • The accident scene
  • Any injuries

4. Get Information: Get the other drivers:

• • Name and contact details
  • Insurance information
  • License plate number
  • Driver’s license number

5. Find Witnesses: If anyone saw the accident, get their contact information.
6. See a Doctor: Even if you feel fine, get checked out. Some injuries don’t show up right away.
7. Call Your Insurance: Tell your insurance company about the accident. Just stick to the facts.
8. Talk to a Lawyer: Before talking to the other driver’s insurance, consider calling a lawyer. We can help protect your rights.

Your Legal Choices

After an accident with an out-of-state driver, you can:

• File Insurance Claims: This is usually the first step. We can help you file claims with your and the other driver’s insurance.
• Settle: Often, we can negotiate a fair payment without going to court.
• Sue: We might need to see if we can’t reach a fair agreement. Remember that one-year deadline!
• Try Mediation: Sometimes, we solve problems by talking them out with a neutral third party. This can be faster and less stressful than going to court.

Important Evidence to Gather

To support your case, try to collect:

• The police report
• Your medical records and bills
• Statements from witnesses
• Pictures and recordings showing the crash scene and any harm done
• Insurance policies
• Pay stubs (if you missed work because of the accident)
• Any messages between you and the other driver or their insurance

The sooner you can get this evidence, the better. It helps tell the story of what happened and why you should get compensation.

How We Can Help

At Alvendia, Kelly & Demarest Law Firm, we’re here to support you. Here’s how we can help:

• We Know New Orleans: We understand local laws and how the courts work here.
• We Know Out-of-State Cases: We know how to handle the extra challenges of out-of-state drivers.
• No Upfront Costs: We only get paid if we win your case. You don’t need to worry about lawyer fees while getting better.
• Always Available: You can reach us anytime. Accidents don’t just happen during work hours, and we’re here when you need us.
• We Do Everything: From talking to insurance companies to gathering evidence, we care for everything. You focus on getting better.

Moving Forward

Being in an accident is hard, especially involving a driver from another state. But with the right help, you can get through this and get the money you deserve.

At Alvendia, Kelly & Demarest, we’re more than just your lawyers—your support team. We know that dealing with an accident can feel overwhelming, but with us by your side, you’ll be back to enjoying the city’s unique charm in no time.

So, if you are in a crash with a driver from another state, don’t let it ruin your day. Call the best accident lawyers in New Orleans, and let’s turn this difficult situation into a story of justice. After all, in New Orleans, we know that every problem has a solution—and it usually involves good people, great determination, and even better legal representation.

Resources

• National Highway Traffic Safety Administration (NHTSA) – Understanding Your Rights After an Accident: The NHTSA provides resources on what to do after an accident, including rights and responsibilities when dealing with other drivers. Visit the NHTSA site .
• New Orleans Police Department – Reporting Accidents: The NOPD website offers information on how to report an accident in New Orleans, which is crucial when dealing with out-of-state drivers. Learn more here .