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Louisiana Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents and Personal Injury for Louisiana on
Q: I hit an oversized load which had no flags marking its overhangs. Am I at fault or truck driver and whoever loaded it?

If need more details let me know.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 31, 2022

More information is needed to respond to your question-----often times the determination of fault is based on the specific facts of what happened and/or what's presented as evidence to the Judge. In any event, most attorneys who represent injured people will provide a free initial... Read more »

1 Answer | Asked in Car Accidents for Louisiana on
Q: After I fired my lawyer and he had an settlement amount, how can I settle for the money if I fired him? Who do I talk to

I fired my lawyer because he wasn’t fighting for me and made me stop treating while I was still hurting. But I can’t work , I’m in school with no car and need transportation and money. What can I do? I already have a new lawyer looking into my case.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 31, 2022

Since you have stated that you have already fired your lawyer and you already have sought a new lawyer, I will reply---you are on the right track in seeking to hire another lawyer to assume representation of you----most attorneys who represent injured people will provide a free initial consultation... Read more »

1 Answer | Asked in Car Accidents and Traffic Tickets for Louisiana on
Q: Married. If spouse drives car in my name and gets any traffic violation or wrecks, who is liable ?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 24, 2022

That's 2 different scenarios with 2 different answers (most likely). The operator of the vehicle (and not the owner of the vehicle) would be responsible for any tickets issued assuming the ticket is issued to the driver. Likewise, the operator of the vehicle (and not the owner of the... Read more »

1 Answer | Asked in Car Accidents for Louisiana on
Q: In the case of Roger Fields v. Alfred S. Morgan. Who is the plaintiff, defendant, claimant. The court it was decided

The judge the case was argued before? The verdict of case

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 18, 2022

Is this it? https://casetext.com/case/fields-v-morgan-1

1 Answer | Asked in Car Accidents for Louisiana on
Q: I have a question about what I should do in this situation .

I had a wreck here recently. On June the 3rd. The wreck happened in a parking lot. She was going the wrong way down a way when it happened. When I turned to go up the next isle I caught her back end. And now she filed a claim against me staying that I should pay for her vehicle. My in just lapsed... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 25, 2022

You can submit this to your insurance company---if your insurance company says that you have coverage then they will handle it. If they say you do not have coverage, then I would contact a lawyer (or 2) and sit down and discuss the specifics of your situation: (1) whether you have claim against... Read more »

1 Answer | Asked in Traffic Tickets, Car Accidents and Civil Litigation for Louisiana on
Q: I borrowed my friend's truck to run an errand and rear-ended someone. I was unaware I was driving an uninsured vehicle

until after the wreck. The other driver's insurance company advised they will fix their insured driver's truck and then subrogate against me. I am a single mom, 3 kids, unemployed since pandemic, I have no car therefore i myself carry no automobile insurance. I live in Louisiana.... Read more »

Tim Akpinar
Tim Akpinar
answered on Jul 19, 2022

A Louisiana attorney could advise best, but your question remains open for two weeks. I hope everyone involved in the accident is okay. Unfortunately, it is as they described it to you - the subrogation department will want its money back. If you feel you could attempt negotiate, you could consider... Read more »

2 Answers | Asked in Car Accidents for Louisiana on
Q: I was in an accident, and the citation has lots of incorrect information. For example my birthday is off by 20 years.

My age is written incorrectly, I do not believe the statute number does not exist, and I also believe the officer was supposed to write down the vin number to my vehicle. There was also another section that was not filled out.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 4, 2022

With that many major screw ups, your traffic court lawyer can probably get you out of this.

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2 Answers | Asked in Car Accidents for Louisiana on
Q: My wife was in a car accident. She is an excluded driver but the other driver is at fault.

What are the laws here in Louisiana on that???

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 14, 2022

She can go after thr other driver but not your UM

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2 Answers | Asked in Car Accidents for Louisiana on
Q: Do you need an attorney for a leave the scene of an accident when you go to traffic court?

He came home then called police to report the accident it wasn’t a bad accident but he panicked. This is his first time even getting a ticket. Should he get an attorney and what could he be facing.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 10, 2022

double-post: He can represent himself but I was always told that a fool represents himself so I recommend that he hire a traffic ticket attorney to represent him so that: (1) he is aware of his options; (2) his attorney will not unknowingly allow him to be taken advantage of by the... Read more »

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2 Answers | Asked in Criminal Law and Car Accidents for Louisiana on
Q: In April of 2021, I was walking and my husband struck me with his truck (along with a woman he was having affair with

I reported it to the police. My leg was damaged as my head. Upon reporting to police, they asked me not to file charges against them. Only file a complaint. I’m scared all the time. I feel I have no protection in my hometown. There were witness. And they left the scene of the accident

Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 24, 2022

You can pursue a personal injury claim for your injuries as well as still pursue both criminal charges and obtain a domestic violence restraining order against your husband. You should speak with an attorney to help you as soon as possible, both to preserve your rights and to get the protection... Read more »

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2 Answers | Asked in Traffic Tickets and Car Accidents for Louisiana on
Q: I was involved in an accident that occurred in a parking lot yesterday. We exchanged information, and went on our way.

Then I Get a call from the local sheriffs office saying I’m being charged with a hit and run because I did not give her my information, but I did give her my information. Please advise!

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 12, 2022

You need a traffic court lawyer because someone is about to sue you.

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1 Answer | Asked in Car Accidents for Louisiana on
Q: Yes I was involved in a car accident and my insurance was lapsed but I was in the right will my car get fixed
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 19, 2022

Based on your answer you might fall in the no pay no play category where the at fault insurance company will receive a credit up to the minimum limits of insurance coverage before it would owe you money----since Louisiana would like insurance coverage many things have to occur for no pay no play to... Read more »

1 Answer | Asked in Car Accidents for Louisiana on
Q: if settlement checks are written separately with one being to client and the other specifically to the medical company

In regards to settling of an auto accident claim when you are presented with the checks 1 is written to me and another to the medical company alone to satisfy the lien for the amount I owe them would my represented attorney also add that portion to the check written to me when determining his... Read more »

Douglas Lee Bryan
Douglas Lee Bryan
answered on Jan 12, 2022

It would depend on the wording of the contract between the client and lawyer. Most contracts state that the fee is a percentage of "all amounts recovered." Therefore, the fee would be a percentage of the total settlement, including the lien, in most cases. Many times, the attorney will... Read more »

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Louisiana on
Q: I was in an accident (12/17) and my insurance won't cover it. What are my options?

I got into a wreck on the afternoon of 12/17. Fault wasn't determined at the scene, and no tickets were issued. I didn't immediately file a claim with my insurance due to stress and mental health issues (it was the 5-yr anniversary of my dad's death). I also needed to get a microSD... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 6, 2022

You should contact an accident/injury lawyer in your area to specifically discuss your matter-----most attorneys who receive calls and inquiries about this subject matter will provide a free/complimentary consultation.

1 Answer | Asked in Family Law, Car Accidents and Child Custody for Louisiana on
Q: Is there any recourse for a grandparent once a tutorship is appointed? Both parents deceased.

Aunt with no children or assets of her own appointed.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 20, 2021

Hire an attorney to annul the tutorship

2 Answers | Asked in Car Accidents for Louisiana on
Q: I was in an accident on Dec 14 2021 and The the cop set my court date for jan.31 2021 is this a good ticket
Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 15, 2021

Yes, it is a good ticket. The worse case scenario for the prosecution would be that the Court would allow the hearing on the traffic ticket to be rescheduled due to the "incorrect" date on the ticket. If you fail to show up for Court, then a warrant will be issue for you----a Judge may... Read more »

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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.

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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 »

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