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Louisiana Car Accidents Questions & Answers
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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1 Answer | Asked in Car Accidents for Louisiana on
Q: Tree from apartment complex fell on my car. Can I sue?

I was parked at an apartment complex and a tree from their property fell on my car. The owner of the duplex next door said he saw it leaning and had told the leasing agency of the apartments that it was dangerous and needed to be cut.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 30, 2020

Absolutely. The property owner is 100% liable for the damage caused by trees on the owner's property

1 Answer | Asked in Traffic Tickets and Car Accidents for Louisiana on
Q: What does it mean when your court case status is DLF or TVB?
Tim Akpinar
Tim Akpinar answered on Apr 29, 2020

A Louisiana attorney would know this best, but your post remains open for four weeks. As a general abbreviation across the nation, TVB could mean Traffic Violations Bureau. 'Not sure about DLF. Good luck

Tim Akpinar

1 Answer | Asked in Car Accidents, DUI / DWI and Personal Injury for Louisiana on
Q: Recieved a DWI with that i totaled out my son car.I had to get screws and plate put in my left hand due to accident.

Can I sue the insurance company for my injuries.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 24, 2020

You already asked this question.

2 Answers | Asked in Car Accidents and Personal Injury for Louisiana on
Q: I went out drinking and totaled my sons car.I also had to have surgery on my hand. Can i sue the insurance company?

Car was paid for he got blue book value.But my hand I had to get screws put in my hand

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 24, 2020

I'm assuming you got a DWI? If not, you can sue your son and his insurance company. Watch his rates sky rocket.

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1 Answer | Asked in Personal Injury, Car Accidents and Probate for Louisiana on
Q: In a Superseding and Amended Petition, does the Plaintiff have to state everything that is in the original petition, or

or just the changes being made?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 24, 2020

An attorney needs to look at both documents to tell you.

1 Answer | Asked in Car Accidents for Louisiana on
Q: if settle with at fault drivers insurance company in auto wreck does that mean then we can NOT file with my UM?

Attorney is saying we now have to pay his PI to get affidavit from at fault driver stating that is only insurance he or owner of vehicle he was driving has Also is telling us he can not disburse the check he already got from at faults insurance until get this affidavit and if he does disburse it... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 9, 2020

There is a set off. So for instance IF the fault driver had $100,000 and you had $50,000 UM and you settle with the fault driver for $85,000, THEN the most you can get from your UM is $35,000 (cause you walked away from $15,000 of the fault driver's coverage). ALL medical care providers and... Read more »

1 Answer | Asked in Products Liability, Appeals / Appellate Law, Car Accidents and Civil Rights for Louisiana on
Q: Along w/ the new year came new a new job Opportunity. Last march I was hospitalized w/ a less than 1% chance

Therefore, I missed tons of work And fell behind financially. However, I had just about enough saved up to re insure my car (which is currently parked in my driveway). A friend of my bf throws his truck into reverse and SLAMS into my rt fender/rim! Hand enough to bend my strut and cause... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 17, 2020

A Louisiana attorney would be able to advise you best on this, but your post remains open for a week, and is probably causing continued financial problems for you at this point. You could see if a Louisiana accident attorney would offer you a free consult to review the file to see if there is... Read more »

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