Lawyers, Answer Questions  & Get Points Log In
Louisiana Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents and Traffic Tickets for Louisiana on
Q: I received a failure to yield court summons, due to causing an accident. The officer put down the wrong make of vehicle.

Is the wrong make of vehicle written on the ticket something that can cause the case to be dismissed? This is my first accident in 17 years.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 24, 2021

Played correctly, yes it could be a defense.

1 Answer | Asked in Personal Injury and Car Accidents for Louisiana on
Q: The judge ruled in favor of the defendent on a summary judgement, how do we object to that decision
Randy Bryan Ligh
Randy Bryan Ligh answered on Nov 22, 2021

Do you have an attorney? If so, then ask him for a more detailed explanation of this answer, however, you do not provide enough information and details to fully respond to your post. If the summary judgment completely disposed of your case, then you can either seek a motion for new trial with the... Read more »

2 Answers | Asked in Personal Injury and Car Accidents for Louisiana on
Q: The judge ruled in favor of the summary judgement for the defendent, how do I object to it
Wade Thomas Visconte
Wade Thomas Visconte answered on Nov 19, 2021

You don't object to it. Your recourse is to take an appeal if it is designated as a final judgment that either partially or completely disposes of the case.

View More Answers

1 Answer | Asked in Criminal Law, Personal Injury, Traffic Tickets and Car Accidents for Louisiana on
Q: Is intentionally intimidating pedestrians within a crosswalk assault?

I live in New Orleans, and often when I'm walking within a clearly marked crosswalk, vehicles will slow down just enough so that they could brake hard to avoid hitting me if I keep walking but are clearly maintaining enough speed to try to intimidate me into not continuing on. Isn't this... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 21, 2021

A Louisiana attorney could answer best, but your question remains open for two weeks. Assault can be both a civil offense and crime. Under common law tort principles (not state-specific, but GENERAL principles), one could argue assault in the civil sense in terms of placing one in fear of imminent... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Louisiana on
Q: Is it legal for a company to fire you from your job And hold your paycheck after you have been in a vehicle accident

I was the driver. The rest of the passengers had 2 days off with pay and i was fired and they held my paycheck in retaliation. Everyone eles received there paycheck / direct deposit

I was cited for unsafe lane change but giving the fact that traffic lights and street signs were not working... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 26, 2021

You need an employment attorney.

1 Answer | Asked in Car Accidents for Louisiana on
Q: On my way to work in the oil field and I live in Texas I was driving to rig through Louisiana and hit a gate no one

There to speak with had to get to rig but next day spoke with lady I fixed her gate but Caddo parish La filed hit and run against me. What can I do

Tim Akpinar
Tim Akpinar answered on Sep 4, 2021

A Louisiana attorney should advise here, but your post remains open for a week and the clock is ticking on your answering the hit and run. You could reach out to local attorneys in Louisiana to discuss your response, and whether it could be handled without your appearance, since you're in... Read more »

1 Answer | Asked in Car Accidents for Louisiana on
Q: My 28 year old son lives in Texas but works in oil field all over and he was driving through Louisiana and hit a gate no

No one was there to talk to so he went on to work since he talked with the owner fixed the gate but now La charged him with a hit and run

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 28, 2021

He needs to hire a criminal attorney in that parish and find his proof of paying for the gate.

2 Answers | Asked in Car Accidents and Traffic Tickets for Louisiana on
Q: I have a ticket with two codes 154-400 and 32-865 when this accident happened I was vigilance I totally blacked

Second the no insurance I wasn’t aware that my insurance company dropped me until the accident happened and that’s when I was informed my insurance was dropped two days prior to the accident but I wasn’t aware until that day

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 25, 2021

If you get sued, you need to hire a defense attorney.

View More Answers

2 Answers | Asked in Car Accidents for Louisiana on
Q: Can someone file a claim through your insurance company after an accident if they didnt stop

Car hit someone but they did not stop after the accident they got the license plate number went home and filed a claim with insurance..

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 22, 2021

Yes they can file both an insurance claim and accident report with the Sheriff.

View More Answers

1 Answer | Asked in Car Accidents for Louisiana on
Q: Can a driver be ticketed for hitting my parked car in my driveway?

Random person pulled up in my driveway and hit my parked car. Sulphur PD did not issue herbs ticket.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 26, 2021

They can't ticket on private property for a traffic violation. But they can charge with criminal damage to property.

1 Answer | Asked in Traffic Tickets and Car Accidents for Louisiana on
Q: While driving I-10 eastbound right before Acadian thruway in the slow lane, roads were extremely wet, right front steer

tire blew out, and vehicle that was traveling in front of my company vehicle stopped short which caused me to swerve to the shoulder, and truck went into the soft shoulder due to it be severely wet, truck slid into bushes, no other vehicle was damaged, no personal property of the city or the state... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 23, 2021

If your tire blew out, that's your defense.

Q: If I get a flat from a pothole can I sue or have the state pay for my tire?

I hit a small, but SUPER deep pothole on a sharp corner where it was unavoidable and got a flat tire due to hitting it. Can I get the city to pay for the tire or sue for the money?

Randy Bryan Ligh
Randy Bryan Ligh answered on May 6, 2021

If you can provide that the pothole was unreasonably dangerous and/or defective to a reasonable prudent person, and that the custodian of the pothole knew and or should have known of this condition, then yes. Among the first things you should do is either consult an attorney to represent you on... Read more »

2 Answers | Asked in Car Accidents for Louisiana on
Q: I lost control due to wet roads at a speed of 30 miles an hour in a 55 mile an hour zone causing a non injury single

Vehicle accident was cited for careless operation and explication for citation could not be given by the officer even after he “investigated” it was simply told “ cause I will get in trouble if I don’t” what are my chances of fighting

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 5, 2021

Hire a traffic court lawyer. Your insurance company will provide a defense in a civil suit.

View More Answers

1 Answer | Asked in Criminal Law and Car Accidents for Louisiana on
Q: Evidence has been destroyed in a Louisiana fatal hit and run before the case had even made it to Pretrial Motions.

Alleged truck involved in a pedestrian hit and run resulting in death was towed to the Louisiana State Crime Lab and processed. Since then the truck was towed back to the tow yard who then released it to the person I was in the process of buying it from. He didn't want it so the tow yard had... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 27, 2021

If evidence has been destroyed and/or your husband's attorney was not given time/opportunity to review/inspect it, then he can file the appropriate motion to exclude and/or limit. You need to discuss this with your husband's attorney----if you are not satisfied with the court appointed... Read more »

1 Answer | Asked in Car Accidents for Louisiana on
Q: I was riding my motorcycle through Arcadia, LA when it started pouring rain harder, to where I could not see.

I tried to exit to let the storm pass, and was only doing about 50 on the highway as traffic was moving slow in the storm. As soon as I normally applied the brakes the back end hydroplaned and I laid down in the exit. No other vehicles involved. My bike was not damaged . Someone called 911,... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 19, 2021

You can fight this ticket, but weather was not the only cause. That said, you should still fight the ticket and the best way to do this is to hire a traffic ticket/criminal defense lawyer in the jurisdiction where the ticket was issued ---he should be able to provide you your options.

1 Answer | Asked in Car Accidents for Louisiana on
Q: Underage unlicensed driver hit gate at my storage facility and damaged my car. Who is liable?

He lied and she had a license. Gave statement saying he was dishonest. Will my insurance pay for damages to private property (gate) and my car? I have full coverage

Tim Akpinar
Tim Akpinar answered on Mar 3, 2021

A Louisiana attorney could advise best, but your question remains open for four weeks. For your car, a full coverage plan should cover that - check with your policy declaration sheet or with your agent to be certain. For the storage facility/gate damages, that could depend on the scope of your... Read more »

1 Answer | Asked in Traffic Tickets, Car Accidents, Collections and Insurance Defense for Louisiana on
Q: Can I get a restitution letter WHILE I'm paying for the damages to a collections agency setup by the insurance agency

I was uninsured during the accident and was at fault. I cant pay the amount in full but it was sent to a collections. I want a letter saying it's been handled & I'm paying for it overtime....I need it to present to the judge.

Peter N. Munsing
Peter N. Munsing answered on Feb 25, 2021

They should give you one. Hopefully, you are paying by check so the check is your receipt.

1 Answer | Asked in Traffic Tickets, Car Accidents, Collections and Insurance Defense for Louisiana on
Q: Can I get a restitution letter WHILE I'm paying for the damages to a collections agency setup by the insurance agency

I was uninsured during the accident and was at fault. I can pay the amount in full but it was sent to a collections. I want a letter saying it's been handled & I'm paying for it overtime

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 25, 2021

Pay it by check in full. Note on the check that it is payment in full and send it with a cover letter that you need a Release. Then get insurance.

2 Answers | Asked in Car Accidents for Louisiana on
Q: My husband was in an accident a few weeks ago. He was in the wrong but did not get a ticket

Ins is working on settling but so far he is not accepting. If he decides to sue us, we are worried about some money my husband just inherited. Is there a way to avoid them getting it by putting it in someone elses account?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 28, 2021

First, you and your husband can hire a family law attorney to draft a post nuptial agreement, including cars.

Second, that post nuptial gets filed with the Clerk of Court and the Mortgages & Conveyances Office and is effective against 3d parties.

Third, he can donate the...
Read more »

View More Answers

1 Answer | Asked in Car Accidents for Louisiana on
Q: if hit train does it have to stop
Tim Akpinar
Tim Akpinar answered on Dec 22, 2020

A Louisiana attorney could answer best, but your question remains open for three weeks. It's likely that railroad and other transportation regulations, either on the federal, state or local level, in addition to the standard operating practices of any reputable railroad would call for stopping... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.