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Louisiana Car Accidents Questions & Answers
2 Answers | Asked in Car Accidents for Louisiana on
Q: State of Louisiana- driver of car was unauthorized to use car- caused accident- is car owner reaponsible
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 27, 2018

Yes both the unauthorized motorist and owner are liable. Hire a personal injury attorney.

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3 Answers | Asked in Car Accidents for Louisiana on
Q: How is fault determined in a parking lot fender bender? Minimal damage, other driver left before police was called.

Police wrote it up a a hit and run. Other car was a rental and now the rental company is trying to get me to pay over $1800 and is threatening to turn me over to a collections agency if I do not pay. I have an accident report that the rental company now wants to see. Should I oblige?

Rahlita D. Thornton
Rahlita D. Thornton answered on Dec 7, 2018

The accident report is public record and if it supports your position then it should absolutely been sent to the company. Good luck.

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1 Answer | Asked in Car Accidents and Tax Law for Louisiana on
Q: I received $100,000 car accident.34000 to attorney36000 hospital15000 to mom 15000 to me. Owe fed state tax
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 21, 2018

Why is your Mom receiving $15,000? You don't give enough information to answer your question.

1 Answer | Asked in Car Accidents for Louisiana on
Q: Years ago i got into a car accident and i went to physical therapy and everything but then hurricane Katrina happen

So i want to know what happen to the lawsuit

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 5, 2018

Call the attorney who represented you prior to Katrina.

1 Answer | Asked in Car Accidents and Criminal Law for Louisiana on
Q: Can a person be charged with another crime after paying a traffic violation

Is this double jeopardy

Peter N. Munsing
Peter N. Munsing answered on Aug 21, 2018

Unlikely but why not check with a member of the Louisiana Trial Lawyers Association. You can get tickets for several violations. Paying one doesn't wipe out the others.

2 Answers | Asked in Car Accidents, Civil Litigation, Contracts and Civil Rights for Louisiana on
Q: My Lienholder on my truck repoed my truck from the towing yard where it was being held. Pmt current ins. current

On July 19, 2018 I was involved in a highspeed head on collision in my truck that resulted in it being towed to a local wrecking yard. I received traumatic injury to my left leg that required 2 surgeries and 24 days in the hospital. Upon my release on Saturday August 11, 2018 I began looking for... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 15, 2018

Give your insurer power of attorney to deal with your lien holder.

Who was found at fault in the accident?

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3 Answers | Asked in Car Accidents for Louisiana on
Q: I was in an accident with a company truck. The driver of the truck gave the police a false insurance policy no.

The company rented the truck from a company in utah which reposessed the truck. Now no one from the company will answer calls. Can i file a claim against the rental company

Douglas Lee Bryan
Douglas Lee Bryan answered on Jul 17, 2018

If the driver of the truck either didn't have insurance, or if his and/or his employer's insurance isn't sufficient, then the rental company's insurance may be responsible. A good personal injury attorney can help. Give me a call and I'll be happy to discuss this with you further.

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2 Answers | Asked in Car Accidents and Criminal Law for Louisiana on
Q: Can I be charged with a drug charge if the drug that the cops found was not in my vehicle and was not on me
Douglas Lee Bryan
Douglas Lee Bryan answered on Jul 9, 2018

If it was in your general vicinity and the officer believes that you put it there, then yes.

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1 Answer | Asked in Car Accidents for Louisiana on
Q: My son a minor was in an accident I didn't find out til adjuster called me. Now statue of limit is up. Do I have a case?
Peter N. Munsing
Peter N. Munsing answered on Jun 29, 2018

You wouldn't but the minor may have a longer statute of limitations assuming it wasn't their fault. Why not contact a member of the La.Trial Lawyers Assoc? They give free consults.

2 Answers | Asked in Car Accidents, Personal Injury and Agricultural Law for Louisiana on
Q: Where does the liability rest should a farm tractor be involved in a motor vehicle accident?

When moving our tractors from one farm property to another within a 10 mile radius.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 28, 2018

Answer depends on who got the ticket and what were the circumstances. But I'm guessing the tractor not licensed so probably liability lies with the tractor.

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2 Answers | Asked in Car Accidents and Traffic Tickets for Louisiana on
Q: My daughter (16) was in an accident and ticketed for reckless operation of a vehicle
Douglas Lee Bryan
Douglas Lee Bryan answered on Jun 20, 2018

I'm not sure of your question. It may be possible to work something out with the prosecutor to keep it off of her record, depending on the circumstances. Otherwise it will greatly affect your insurance premiums.

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1 Answer | Asked in Car Accidents for Louisiana on
Q: A complete stop at a subdivisiont A car approaching me with blinkers on and did not turn. I got hit and a citation.

The person obsolutely did not pay attention. I was talk of a blinker is on it is OK to turn. The person also has a relative that handles insurance. Another came that had nothing to do with the person that hit me. The trooper talked to the person who hit me and the person that showed up. The... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Jun 13, 2018

If you're stopped at a stop sign, you have the responsibility to ensure the way is clear from any other drivers having the right of way prior to proceeding into the intersection. You can't assume that someone with a turn signal on is turning at your intersection, or that he is turning at all. One... Read more »

2 Answers | Asked in Car Accidents and Personal Injury for Louisiana on
Q: if I was hit on my bike by a car that failed to yield shouldn't I win and have medical bills covered?

the driver had goauto insurance and only 15k in coverage. my medical bills were $20,000...and I cant work.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 5, 2018

You need to hire a personal a personal injury attorney.

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2 Answers | Asked in Car Accidents for Louisiana on
Q: Can you sue for emotional distress in louisiana?

I am a single mother. I drove a rental that i got thru lyft program. After the accident i lost my transportation and can not work because i do not have the car anymore because of the accident. I am in constant pain. I can barely hold my daughter. I have no money to support her. I am stressed i... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on May 27, 2018

Yes, you can recover for pain & suffering as well as emotional distress (mental anguish), loss of income, and medical expenses, in addition to perhaps other damages. Your daughter may also have a claim for loss of consortium due to your injuries. You should contact an attorney who handles... Read more »

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2 Answers | Asked in Car Accidents for Louisiana on
Q: Got rear ended in a car that isn't mine for work related purposes, can I use a lawyer in a case like mine for injuries?

Got rear ended on I-110 S at the bridge on Florida BLVD downtown while at a stop bringing an Enterprise car back to a body shop that I was working for for repairs and/or damage evaluations for Enterprise Rent-A-Car. Stayed in left lane due to it usually being the fast lane but traffic caused the... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Apr 8, 2018

Yes, in your case you would have both potential worker’s compensation and personal injury claims. Give me a call and I’ll be happy to discuss your rights further.

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2 Answers | Asked in Car Accidents and Traffic Tickets for Louisiana on
Q: If your parked in a Taco Bell parking lot can you still get an open container in Louisiana?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 6, 2018

Not on private property. But the second you drive on a public road, yes.

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1 Answer | Asked in DUI / DWI, Traffic Tickets and Car Accidents for Louisiana on
Q: Is this even correct because it doesn't seem right?

I was given a careless operation ticket with alcohol and open container. I was not drinking that day. No breath test was given to me but the officers did make me do a few things like look into a light. During that test I allowed officers in my vehicle and they found a bottle in one of my bags.... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 23, 2018

Hire a criminal attorney. You're also going to need it because you're going to be sued for injuries, if there was another driver.

1 Answer | Asked in Traffic Tickets and Car Accidents for Louisiana on
Q: Can I put a dash cam on my windshield if it is in front of the rear-view mirror? (Louisiana)

RS 32:361.1(B)

"B. Except as provided by R.S. 32:361.1(C), no person may operate a motor vehicle with any object or material placed on or affixed to the front windshield or to front side windows of the vehicle so as to obstruct or reduce the driver's clear view through the front windshield... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Feb 14, 2018

I have not researched the issue, so proceed at your own risk. However, I don't think the law would prohibit placement in front of the rearview mirror, especially since that placement would not obstruct your view. Further, I also believe that's where most law enforcement vehicles place their dash... Read more »

1 Answer | Asked in Car Accidents for Louisiana on
Q: I was involved in an accident in Texas. Can a Louisiana inquiry attorney represent me?
Peter N. Munsing
Peter N. Munsing answered on Jan 25, 2018

They could but why not consult a member of the Texas Trial Lawyers Assn as they will have more "threat value" as they are in the area and your hometown advisor is not.TTLA members give free consults. Look for one in the County where the wreck happened.

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