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Louisiana Car Accidents Questions & Answers
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.

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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.

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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.

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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 »

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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 »

1 Answer | Asked in Car Accidents for Louisiana on
Q: I was traveling on a public street and my car was damaged. Is the city not responsible for maintaining its roads?

An officer came out and made an accident report, took pictures of my car and took pictures of the pothole that did the damage. I contacted the city Risk Management Dept. and the basically told me they weren't liable because i'm the only one to ever report the problem. I was sent a letter... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 10, 2020

A Louisiana attorney could advise best, but your post remains open for a week. Until you are able to consult with a local attorney, the City of Shreveport's line of reasoning holds true in many jurisdictions. It sounds like the legal theory they are applying is that they did not have notice of... Read more »

1 Answer | Asked in Car Accidents for Louisiana on
Q: I was in a store parking lot, backing in to a parking spot. Suddenly, the SUV on my drivers side backed out and hit me.

I stopped and sat on my horn but she didn’t hear me, and backed at a dangerous speed and cut to the left in order to leave via the only driveway and hit me in front of the drivers rear tire. The damage- estimated at $2700. She was going several MPH when her SUV hit my small truck. My insurance... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 7, 2020

A Louisiana attorney could advise best, but your question remains open for two weeks. It's possible you could have a case; for a more definitive answer, one would need more details. And even with more facts, parking lot cases are often a mess. Many insurance carriers flip a coin over them when... Read more »

2 Answers | Asked in Car Accidents for Louisiana on
Q: Do i need a lawyer to request a toxicology report on my 34 yr old, unmarried son, whom was killed in a car wreck?

My son was killed in a car wreck. The state troopers requested a toxicology test done. Do I need a lawyer to request a copy of the report?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 6, 2020

If you are next of kin, the Coroner's Office should be able tonsupplynulyou with a copy

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2 Answers | Asked in Car Accidents and Traffic Tickets for Louisiana on
Q: Can I receive a ticket for hit and run if the accident occurred in a parking lot?

No injuries reported and the other vehicle was unattended.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 4, 2020

No you can't receive a ticket for an accident on private property. But you can be sued for property damage.

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1 Answer | Asked in Car Accidents for Louisiana on
Q: Yesterday a guy who was oding lost control of his vehicular and came on to a private property and toatlled my truck ..

I own the truck but it was insured under my girl friends name who drives it daily .... we losing a 1000 a day with truck down I would like to sue for punitive damages as well

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 18, 2020

Do not know what "oding" means. Need an explanation of how he totaled your truck if it was parked.

1 Answer | Asked in Car Accidents for Louisiana on
Q: I have been in a wreck last week and the airbags did not deploy. The vehicle has been deemed totaled. Is that a lawsuit?

I hydroplaned off the road and hit a concrete culvert at 45-50 mph. Single car crash, no other person was involved.

Tim Akpinar
Tim Akpinar answered on Jun 29, 2020

I'm sorry your post remains open for five weeks. At this point, you could contact a Louisiana attorney to see if they would offer a free initial consult to look into the matter. If this is something that might have fallen through the cracks with air bag recalls in recent years, if nothing... Read more »

3 Answers | Asked in Car Accidents and Personal Injury for Louisiana on
Q: What I need to do now since the driver who side swipe my truck and me didn't have ensurranse
Stephen Rue
Stephen Rue answered on Jun 13, 2020

It’s important to always carry insurance and see if you can afford Uninsured Motorist Insurance too. That will not help you now but may in the future. Call an attorney and see what your options are.

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