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Louisiana Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents and Criminal Law for Louisiana on
Q: Can a person be charged with vehicular homicide when they had no drugs are alcohol in them ?
Steven Pate Harrelson
Steven Pate Harrelson
answered on Apr 25, 2017

Vehicular homicide requires the killing of a human being while driving with one of six types of alcohol/drug combinations. This can include prescription drugs or other medications (hint: Ambien) if the package contains a warning against driving. See La. Rev. Stat. §14:32.1.

2 Answers | Asked in Car Accidents for Louisiana on
Q: looked but ways at stop sign when I drove along I hit a car I don't have driver license or insurance.

We did not get police report we exchanged info. Do we pay for our own damages.

Steven Pate Harrelson
Steven Pate Harrelson
answered on Apr 17, 2017

You will be responsible for your damages and the other driver's damages since you were at fault. The other driver has the option of (a) taking you to court and obtaining a judgment against you, and/or (b) filing a uninsured motorist claim on his/her own insurance. However, his insurer could... View More

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3 Answers | Asked in Car Accidents for Louisiana on
Q: When in a accident and u are the passenger and insurance companies are saying the both not wrong is that possible
Steven Pate Harrelson
Steven Pate Harrelson
answered on Apr 7, 2017

No, that's not possible. Someone is at fault, and fortunately for you as a passenger, it's almost impossible for any fault to be allocated to you.

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1 Answer | Asked in Car Accidents for Louisiana on
Q: Will I be at fault for backing into my neighbors car?

Yesterday afternoon I backed into my neighbors car. We live in an apartment complex where each apartment has 2 personal spots and the complex also has 4 visitors spots. She was not parked in a parking spot, as she had visitors parked in her spots, but was parked in the middle of the lot, with her... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 29, 2017

She is parked. You are moving. You can't say "she shouldn't have parked there." Let your insurance handle it--that's what it's there for.

1 Answer | Asked in Car Accidents and Personal Injury for Louisiana on
Q: If a person gets arrested for vehicular negligent and the amount is no more than two thousand but bond is 2500
Peter N. Munsing
Peter N. Munsing
answered on Mar 15, 2017

You would need to move for reduction of bond; Depends on the original charge. Suggest you get an attorney who handles those types of cases.

1 Answer | Asked in Criminal Law, DUI / DWI and Car Accidents for Louisiana on
Q: my dad was killed in a head on car crash by a driver that had multiple drugs in his system (meth,weed) what's the charge

The crime lab reports excessive amounts of both.

Douglas Lee Bryan
Douglas Lee Bryan
answered on Mar 3, 2017

My sincerest condolences on your loss.

The criminal charge would likely be vehicular homicide, which is death resulting from an accident where, in relevant part:

1) The offender is under the influence of alcoholic beverages;

(2) The offender’s blood alcohol concentration...
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1 Answer | Asked in Traffic Tickets and Car Accidents for Louisiana on
Q: Vehicle yields at stop sign, sees that the 2 vehicles in oncoming traffic signal to turn right.

Second vehicle doesn't turn, but instead goes straight, striking the vehicle crossing traffic. Who is in the "wrong"?

They were in the most right lane and couldn't do anything BUT turn right or go straight. Her blinker was on and when I asked why the response was... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 23, 2017

Did you in fact see the second vehicle signal to turn right or did it signal to go into that lane but then view blocked and you assumed it was going to go right Vehicle going straight can rely on the signal of the second car if and only if that signal was in full view all the time.

1 Answer | Asked in Car Accidents and Traffic Tickets for Louisiana on
Q: I got in a rear end traffic accident. I am 16 and this is my second offense. What can I expect as a punishment?

The first offense was when I was 15 and had a permit.

Peter N. Munsing
Peter N. Munsing
answered on Feb 7, 2017

A fine for following too closely or similar. Points depending on what it is.For sure high insurance rates. Your carrier may send you "we decline to cover you" letter. Yes they can!

1 Answer | Asked in DUI / DWI and Car Accidents for Louisiana on
Q: 2 DWI's, driver hit a pedestrian who later got leg amputated and later died but to other causes.. Is driver responsible?
Peter N. Munsing
Peter N. Munsing
answered on Feb 2, 2017

If the "other causes" are related--as in blood clot, osteomyelitis, etc. Yes. This sound very serious. You need to get off public websites and if you are the driver with the dwi, talk to a lawyer. Yes they charge. But this is very serious. Worry about the cost and don't see a lawyer,... View More

2 Answers | Asked in Car Accidents for Louisiana on
Q: Accident date 10, Sept. 2016 in Louisiana. Other guy ran a stop sign, and I t-boned him at 45ish mph.

I live in Louisiana, but had an Alabama title. (Car was registered here in Louisiana, where I live and where the wreck occurred.) The other guys insurance co will not give me the complete amount of my totaled truck, (only gave me 1/2.) Until I pay to get the Alabama title changed over to a... View More

Steven Pate Harrelson
Steven Pate Harrelson
answered on Jan 9, 2017

No, it's a delay tactic. I would strongly advise against signing any release until our talk to an attorney. FYI, the prescription period for filing a car accident suit is one year from the date of accident.

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1 Answer | Asked in Car Accidents for Louisiana on
Q: If I catch a flat tire in a rental such as a nail or screw am I legally responsible to buy a brand new tire for the car

The vehicle already had 16000 miles on it the tires weren't brand new when i rented it i have repaired the tire but they want a brand new one answers please

Peter N. Munsing
Peter N. Munsing
answered on Dec 12, 2016

Their insurance should cover it--you weren't at fault.

1 Answer | Asked in Car Accidents for Louisiana on
Q: Can a vehicle be put back on the road after having a title.of destruction in the state of Louisiana
Peter N. Munsing
Peter N. Munsing
answered on Nov 28, 2016

Generally, if you repair a car and get it inspectable it can be on the road. Check with your DMV. However that's why they have salvage titles--not just to show who owns it but to show any buyer's the car has been in a wreck.

1 Answer | Asked in Consumer Law and Car Accidents for Louisiana on
Q: Does Louisiana law require drivers to carry collision and comprehensive (full coverage) on a leased vehicle?
Robert Martin Louque Jr
Robert Martin Louque Jr
answered on Aug 30, 2016

I am not sure if Louisiana law requires it but I am willing to bet the rental car agency requires it as a condition of renting their $15,000+ vehicles, in case you wreck it. Most people do not have $15,000+ lying around and the rental car agency is within its rights to protect itself and its... View More

1 Answer | Asked in Car Accidents for Louisiana on
Q: If my car is parked and hit overnight (Louisiania), does my uninsured motorist coverage cover the deductible?
Peter N. Munsing
Peter N. Munsing
answered on Aug 30, 2016

No. Your deductible is yours. Check your policy, but that's the way it is most places--it's limited to injury. Why? because they have separate medical, income loss and...collision, and you set the amounts. You chose low--UM/UIM isnt a catch all

1 Answer | Asked in Car Accidents for Louisiana on
Q: I rear ended a car who abruptly stopped in the road because a school bus was crossing railroad tracks am i in the wrong
Peter N. Munsing
Peter N. Munsing
answered on Aug 23, 2016

Yes. You didn't leave an assured clear distance ahead allowing you to safely stop if the vehicle ahead did for any reason--could be a kid running out, a helpless puppy, up here an Amish buggy., down there un courir de Mardi Gras.

Les bons temps vous faites perdu!

1 Answer | Asked in Car Accidents for Louisiana on
Q: In a car wreck yesterday, scared even though I wasn't at fault...

We were at a 3-way stop and I was at a stop sign turning left onto a two-lane road. The traffic going right was at a standstill because of school. I looked left and right and a lady let me out in front of her so I could turn left. After waiting for a car to pass going the direction I was headed in... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 17, 2016

Why not contact a member of the La. Trial Lawyers Assn/Assn for Justice? They give free consultations. Anyone can file suit.You should not give statements to anyone until you've had your consult and certainly not to the other person's insurance or attorney. (They'll claim they... View More

1 Answer | Asked in Car Accidents for Louisiana on
Q: Do we need a lawyer present for deposition?

My adult step daughter, who doesn't live with us but still has our address on her drivers license was involved in an accident and is being sued by the other driver. Also, she is not on our auto insurance. My wife and I got a subpoena to be deposed. Should we have a lawyer present for this?

Peter N. Munsing
Peter N. Munsing
answered on Aug 2, 2016

You don't need to. You may want to talk to her lawyer and/or you may want to get an attorneys advice but you aren't being sued and you don't need an attorney there.

1 Answer | Asked in Car Accidents, DUI / DWI and Criminal Law for Louisiana on
Q: if my friend was driving my car and did a hit and run while intoxicated, how long will he be in jail

he has had a DWI once before and he's 19. it was a complete accident... But the person in the other car was injured..

Peter N. Munsing
Peter N. Munsing
answered on Aug 1, 2016

He would want to at least get a consult with an attorney --I can't say how long but the judge will be figuring that if he's 19 hand has 2 DUI's he didn't get the message and now it's time for the 2x4. And he'll hit for distance.

He needs to be as concerned...
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1 Answer | Asked in Car Accidents for Louisiana on
Q: I'm being sued for $100,000 from a fender bender accident with no injuries. Is it legal to garnish my S.S. and S.S.I..
Peter N. Munsing
Peter N. Munsing
answered on Jul 4, 2016

First, I hope you have insurance. They will get you an attorney and usually won't agree to settle without a release. You are not subject to garnishment, but once your SSI/SS checks get in the bank the bank account can be attached IF THEY HAVE A JUDGMENT. So don't panic you have time to... View More

1 Answer | Asked in Car Accidents and Criminal Law for Louisiana on
Q: If a person was using drugs and driving and hit someone head-on and killed them and has been arrested numerous times for

Drugs and alcohol will he get off again and not serve any time

Peter N. Munsing
Peter N. Munsing
answered on Jun 30, 2016

Very unlikely.

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