Cueria Law Firm, LLC

New Orleans Car Accident Lawyer

A car accident is an unfortunate occurrence that happens to many people. If you are a victim of a New Orleans car accident, there is no reason that you have to handle your case alone. The attorney and staff at Cueria Law Firm, LLC, are very experienced in these types of accidents. That experience has shown us that many New Orleans car accidents are not limited to driver negligence but may also involve defective auto design or road defects. A New Orleans car accident lawyer will work on your behalf to gather all photographs, witness statements, accident reports, and expert reports to build your car accident case. This determines whether your accident resulted from driver negligence or may involve manufacturer or government liability.

Car Accidents Happen Every Day in Louisiana

Car accidents occur regularly in New Orleans, and no two are alike. There are many reasons an accident can occur, from a distracted driver to unsafe roadways. Many New Orleans car accidents are preventable if drivers exhibit proper caution and care while driving. Unfortunately, not everyone is a diligent driver, and accidents will occur, leading to damages, injury, and sometimes death.

Carita P.

“Brent Cueria my New Orleans Personal Injury Lawyer, did a great job fighting my case. I was informed of everything that he was working on and never had to worry about anything. He really went to bat for me and I really appreciate it. I highly recommend Cueria Law Firm as a Personal Injury Attorney.

Thank you Brent.”

Reliable New Orleans Car Accident Lawyer

If you’ve been in a car accident in New Orleans, you need an experienced and local New Orleans car accident lawyer on your side. At Cueria Law Firm, our team of seasoned attorneys have helped hundreds of clients get the compensation they deserve after being injured in auto collisions.

As a top car accident law firm in New Orleans, we understand how devastating and life-altering these crashes can be. We fight aggressively to make sure insurance companies don’t take advantage of you during this difficult time. Our goal is to help you focus on healing, while we handle the legal process from start to finish.

Our car accident lawyers have a proven track record of success with:

  • Negotiating fair settlements: Insurance companies often make lowball offers, trying to get away with paying as little as possible. We know how to negotiate effectively to get you the maximum settlement you deserve.
  • Taking cases to trial: We aren’t afraid to take your case to court if the insurance company refuses to offer fair settlements. Our trial lawyers have decades of experience convincing juries to award maximum damages.
  • Dealing with insurance companies: The insurance claims process can be frustrating and confusing. We act as your advocate, communicating with insurers on your behalf and making sure your rights are protected.
  • Investigating accidents: To build the strongest case, our team of car accident lawyers in New Orleans thoroughly investigates the accident, gathering police reports, witness statements, photographic evidence, and more.
  • Handling serious injuries: We have extensive experience dealing with life threatening injuries, including trauma to the brain or spinal cord, broken bones, amputations, and burns. Don’t go it alone after a car wreck in New Orleans. The seasoned car accident lawyers at Cueria Law Firm have the skills and tenacity to get you the compensation you deserve. Contact us today for a free consultation.

Trusted Car Accident Lawyer in New Orleans, Louisiana

Below are a few common causes of New Orleans automobile accidents:

Unmaintained Vehicle

Any vehicle on the roadway should be maintained as required. From oil changes to brake servicing, cars and trucks need regular maintenance to ensure proper operation. When a vehicle is not maintained correctly, it can lead to danger, as crashes will occur. Contact our New Orleans car accident lawyer in case of a motor vehicle and car accidents.

Roadways Are Unsafe

We rely on the Louisiana government to keep our local New Orleans roadways safe. In some cases, unmaintained roads can lead to accidents. Such instances as missing traffic signs, potholes, and limited visibility on the roadway can lead to a car crash. Cases of motor vehicle accidents due to unsafe roads should be brought to our New Orleans car accident lawyer.

Driving While Intoxicated

When an impaired driver is on the roadways, it can only end in disaster. Drivers who have been drinking have little to no cognitive function, which leads to slower reaction times. The driver can crash their vehicle into someone else or place themselves in danger by running off the roadway or into oncoming traffic. Contact a New Orleans, LA, accident lawyer if you suspect the other driver was under the influence.

Distracted Drivers

Another big issue today is distracted drivers. From texting to social media, drivers use their mobile phones more while driving. Drivers that mess with the radio while driving can cause an accident. Drivers should always remain focused on the roadway to avoid becoming distracted and being in a crash. This is often a big issue we see as New Orleans Car Accident Lawyers.

Underage Drivers

Teenagers are just learning the rules of the road and how to navigate driving an automobile. This inexperience is another cause of many accidents on the road. New Orleans car accident injury victims should contact New Orleans car accident attorneys if they’ve been injured in an accident with an underage driver.

Speeding

Many drivers will go well above the speed limit. They may drive anywhere from 10 to 30 miles over the posted limit. Speeding can cause a severe or fatal crash, as the faster you drive, the slower your time of reacting to conditions ahead of you will be. Contact a New Orleans car accident lawyer.

Driving Too Close

Driving too close to the person in front of you is also a big issue that causes car accidents. You must leave enough rough between you and the car before you to allow a proper stop if something happens. Contact a New Orleans Car accident attorney for such motor vehicle accidents.

Joey J.

“Brent is a awesome attorney. He has such a friendly staff and is a great attorney. He did a fantastic job for me and my family. If I ever need a personal injury attorney again Brent will definitely be my first choice.

Man calling for assistance after car accident, bumpers hit. Consulting with New Orleans Car Accident Lawyer - Cueria Law Firm

5 Mistakes to Avoid After a Car Accident

Giving a Recorded Statement to the Insurance Company

The first mistake you can make after an accident is agreeing to give a recorded statement to the insurance company, whether yours or the other driver’s. Many drivers have no idea that what they say will destroy their case before it even gets started. And insurance adjusters are skilled at manipulating what you say to use against you in your case. Instead, you should consult with a New Orleans motor vehicle accident attorney. If this is your first time going through this process, or you are unsure what to do, speak with a Louisiana car accident lawyer in New Orleans, LA. Your attorney will be able to help you determine if you should give a statement and will be with you to ensure that you are treated fairly.

Delaying Treatment for Medical Needs

A second common mistake is delaying medical treatment. Some insurance companies will promise to help you, and many car accident victims think that this means that the company will help with medical treatment. Companies are not prepared to help anyone who is injured with medical treatment. A gap in treatment will hurt your case, and companies know this. To avoid this issue, be sure to have treatment completed as soon as possible. Never wait for your company to tell you when to go for treatment, as they never will.

Seeing Only Doctors Recommended by An Insurance Company

Another common issue is that insurance companies tell an accident victim to see company doctors. A company may imply that you can only see the doctors they recommend. This is not true. You can see your doctors or whoever you like. If you see only their doctors, it can hurt your case. A company will steer you towards a doctor that they want you to see, and they will pay for their services. The doctors know how they are being paid and may be biased based on who provides them compensation. Avoid this mistake by seeing the doctors you want to see and who you trust. Tell the doctor how you feel, what is hurting, and what happened so you can receive a proper diagnosis.

Not Telling the Truth

Accident victims should always tell the truth during their cases. There will be opportunities to lie, but you should never stretch the truth as it could hurt your case. Even a small misrepresentation can hurt your case and lessen your credibility. To avoid this issue, tell the truth when talking to your doctor, personal injury lawyer, insurance company, etc.

Settling Your Case Without Talking to a New Orleans Personal Injury Attorney

Another mistake is an accident victim will settle without speaking to a New Orleans personal injury attorney. An insurance company will hope that you do this without seeking representation from legal counsel. This makes their job more difficult, as car accident lawyers are well-versed on the rights of the New Orleans car accident victim. Insurance companies will work fast to try and see you settle your case for a low value within days of the incident. The company will make you believe they are on your side but they are not. They want the case to be settled so they are not out too much money and litigation does not begin.

Jordan H.

“When I called Cueria Law Firm I was taken care of very well. The process was fairly lengthy but Brent is very detailed and really doesn’t miss a beat. I am extremely happy with my results and my settlement and would recommend Brent to my friends and family.”

FAQ: New Orleans Car Accident Attorney

You only pay if we win. If we don’t get you a financial recovery, we don’t get paid.

Yes. Personal injury cases have various deadlines called the Statute of Limitations (SOL).

If you have been in an accident that wasn’t your fault, it is good to have an attorney help protect your rights.

In many cases, the answer is no. Our law firm gathers the facts and builds the evidence for your injury case.

It is best to have a New Orleans personal injury attorney by your side to try and find out who caused the crash and seek compensation. The New Orleans police report can be reviewed, witnesses questioned, and perhaps camera footage from the area that can help find the driver who fled the scene. You have the right to seek compensation, especially if you are injured, or your vehicle is damaged. When a driver leaves the scene of a New Orleans Car accident and is at fault, you lose out on any insurance claim as you do not have access to their insurance information. You cannot contact the other driver’s insurance company to be compensated for repairs or medical needs. This means you will have to use your insurance or pay out of pocket for any medical bills or other expenses incurred due to the accident. A hit-and-run accident can create several issues and involve loss. The injured party should hire an experienced personal injury law firm in New Orleans to assist with building a car accident case. An experienced personal injury attorney knows how to handle such accidents and has the resources on hand to provide for medical needs, plus find experts to assist in creating the case for successful case results.

Whether you are the passenger or the driver, you are affected. Passengers are commonly shaken up considerably after an accident as they have no control over the outcome. Car passengers can sustain an injury due to another vehicle driver or the driver of the vehicle they are riding in. When you are an auto passenger that is injured due to another individual’s negligent behavior while driving, you have the right to pursue damage compensation after your New Orleans accident. Regarding a two-vehicle accident, the injured passenger does not have to prove liability. One of the drivers will most likely be liable. When a one-car accident occurs, the driver is usually responsible unless the accident was unavoidable due to extenuating circumstances. However, it is critical, no matter what the cause, that you, as the passenger, seek counseling from an experienced Louisiana car accident lawyer.

The way you seek compensation will depend on the circumstances of the accident. One option is to file a third-party claim against the vehicle owner’s policy in which you were riding inside or the vehicle’s driver. A third-party application would be made when you are involved in a one-car crash or if the driver of the vehicle you were riding was the reason behind the crash. Another option is to file a third-party claim against a driver or owner of another vehicle involved in the collision. You file this personal injury claim if you are involved in an accident and a driver of another vehicle is at fault. It is essential that no matter which avenue you pursue, you keep accurate records of what happened. You need to seek medical attention if you were injured in the automobile accident so that your car accident attorney can have proof of the car accident injuries you sustained. Accurate record-keeping such as medical reports, police reports, and other insurance paperwork, is vital to helping you pursue compensation after you’ve been involved in auto accidents in Louisiana.

When a New Orleans car accident occurs, and one or more parties sustain serious injuries, a personal injury case can be filed. To win the case, you must prove negligence. Negligence in a New Orleans car accident is when a driver chooses not to take proper care to ensure safe driving. Being able to prove the negligent driver was at fault means that the other driver was not cautious when driving.

In New Orleans, Louisiana law requires that every driver follow the state driving rules and regulations. If you can prove that the other driver violated state laws then proving driver negligence will be much easier. Examples of New Orleans car accident negligence can include such instances as running a stop sign. If you can prove that the other driver ran the stop sign when crashing into you while you had the right of way, it will help to prove negligence within your personal injury claim.

In Louisiana, the blood alcohol of an individual driving a motor vehicle must not exceed the legal limit of 0.08%. A person driving in Louisiana who is found to be driving under the influence of alcohol above the 0.08% limit will be considered a drunk driver. The individual will face criminal penalties as they are a risk to others with the potential to cause personal injury or wrongful death while driving. Individuals responsible for accidents while driving under the influence of alcohol will most likely be arrested for a Driving Under the Influence charge.

The drunk driver is liable both criminally and civilly. A conviction of a DUI does not necessarily benefit the victim. However, victims of a DUI accident in Louisiana can take additional legal action against the perpetrator by working with New Orleans car accident lawyers in New Orleans. Make sure that the lawyer that you choose is very experienced in these types of cases.

In New Orleans, either the Department of Public Works (DPW) or the Louisiana Department of Transportation and Development (DOTD) is responsible for the upkeep of public roads. Our tax dollars sponsor the installation, maintenance, repair, and improvement of the roadways, and the town has a duty of care to the people to protect them from an unreasonable risk of harm.

If an agency falls short of its duty, such as by designing defective roadways or failing to fix faults and defects on the roads — and people get hurt as a result — then the government entity in charge might be liable for victims’ damages. To determine precisely who the liable party (defendant) is for a defective roadway-related accident, your car accident attorney in New Orleans can investigate the situation and identify the proper authority.

Unlike most states, Louisiana’s immunity laws are very public/victim-friendly. In other states, government agencies enjoy a significant degree of immunity from lawsuits. These states have implemented self-protecting immunity laws that shield themselves from financial liability in personal injury suits. People who sustain an injury in accidents resulting from a government agency’s or government worker’s negligence have limited recovery options typically.

Fortunately for victims, Louisiana does not shield itself from tort lawsuits, as other states do. La. Const. Art. XII, § 10(A) clearly states: “Neither the state, a state agency nor a political subdivision shall be immune from suit and liability in contract or for injury to person or property.” In other words, victims have every right to pursue a personal injury claim against a government board, commission, department, or agency when they sustain an injury through negligence.

When New Orleans car accident victims injured by dangerous roads try to sue the government agency in charge, the agency might likely try to use the “Public Duty Doctrine” as a defense. The Public Duty Doctrine essentially provides that the government can only be liable when they breach a duty of care to an individual — not the public at large. USLegal.com explains the doctrine: “A governmental entity can be held liable only when the duty breached was owed to the injured person as an individual and was not merely the breach of an obligation owed to the public at large… In short, a duty to all is a duty to no one.”

While this would likely mean that filing a lawsuit would be impossible — road maintenance is a public issue, not individual — roadways are somewhat of a gray area. While the Public Duty Doctrine shields governmental entities when performing their duties to the public, the DPW and DOTD are responsible for maintaining roads. Because of this, accident and injury victims may be able to hold government entities liable, with some exceptions. Your lawyer will examine your case to see if you can file a car accident claim against one of these governmental entities.

While you may be entitled to bring a car accident claim against a government agency for neglecting to keep safe roads, you must observe some limits that do not apply to regular civil suits.

Firstly, there is a limit to the number of damages you can recover. Louisiana Revised Statutes § 13:5106(B)(1) states that the state’s total liability for all damages for personal injury to one person shall not exceed $500,000. Also, if the court finds you partly liable for the New Orleans car accident, your degree of fault will reduce your damage award. So, if you were speeding on a dangerous road when the accident occurred and received 25 percent fault for the accident, you will only receive 75 percent of the value of your losses, not to exceed the $500,000 damage cap.

Whereas you might be able to cover a wide array of damages in a regular personal injury suit against a person or business, Louisiana laws limit the types of damages that are compensable in a lawsuit against the government. In cases of this nature, you can only win a damage award for the following types of losses: property damages, medical care and related benefits, loss of earnings, and loss of future profits. You cannot recover emotional damages such as pain and suffering.

Note that the time limits and procedural requirements for filing a claim against the government are typically shorter and more stringent than those for non-government applications. You will want to speak to an attorney that handles car accident claims involving dangerous road conditions as soon as possible for information on when and how to proceed. Procrastinating or not following claim protocols to a T could thwart your rights to benefits.

A severe bicycle or auto accident can cause massive financial issues for an individual or family, so the value of your case may be considerable. Medical bills can be expensive, and your income might drastically decrease if you cannot return to work for some time. If you have sustained a permanent disability, your injury could permanently hinder your earning capacity. Fortunately, all of these are compensable if you win your injury case.

If you and your attorney can prove your claim, the Louisiana court that hears your case will determine the value of your damages. The judge will look at all of your medical bills and related expenses, proof of lost wages, input from your doctors about your prognosis and future medical needs, and any other evidence you bring to confirm your damages. Make sure to keep thorough records to share; retain all receipts and bills for your injury-related needs. These records include surgical bills, hospitalization, physical rehabilitation, check-ups, custodial services, prescriptions, and prosthetic devices.

You may have a case if you have coverage known as an underinsured or uninsured motorist within your automobile insurance policy. This insurance is an option available to you when purchasing insurance for your vehicle. If you have uninsured motorist coverage, you are covered when hit by someone who does not have automobile insurance or does not have enough to cover the claim. You then can recover from your car insurance company.

If you have been involved in such an accident, check your policy to see if coverage is offered. It will be listed as UM on your policy if available. It is a good idea to have UM coverage as it covers you in case of an accident with an uninsured driver and is usually inexpensive to carry. It is often not discussed by your insurance company as it is inexpensive, and if a claim is filed, then your provider must offer coverage. But, of course, this is why we have insurance companies.

You may still have a case if you have been involved in a car accident in New Orleans and may be partially at fault. Based on the information you provide, a Louisiana personal injury attorney will be able to determine if you can move forward with a claim. When evidence exists that you share blame for a vehicle accident and the case goes to trial, the jury will have to choose what percentage of the fault belongs to you and what percentage belongs to the other party involved.

These percentages must equal 100%. If the jury finds that you were not at fault, you will be able to recover a full 100% in damages awarded by the jury. If you are found to have partial blame for the accident, the amount you are awarded will be reduced based on the percentage found by the jury. For the most part, the parties involved in the New Orleans accident will agree on amounts to settle for without going to court.

When you are considered partially at fault, the value of a settlement will be reduced. The reduced amount will be based on the evidence presented in the case and how much fault you have been proven to have in causing the car wreck. Whatever the case, you are more likely to receive compensation when working with an experienced car injury attorney specializing in New Orleans car accident cases. Contact our office today if you have been involved in an automobile accident and want to review your case.

Top Rated New Orleans Car Accident Law Firm

Where Can I Find a Firm That Handles New Orleans Accident Cases?

Our trusted New Orleans Car Accident Lawyers at Cueria Law Firm accept all types of injury and wrongful death cases, including complicated claims against government agencies for dangerous road conditions. It is our practice to fight diligently for full and fair compensation; we have a passion for helping hurt Louisianans get the compensation they need and deserve when preventable accidents have injured them. Contact our office today and schedule a free consultation at your convenience: (504) 525-5211.

Our Convenient Practice Location

Cueria Law Firm is strategically located in the heart of New Orleans, just a stone’s throw away from the iconic 650 Poydras St #2740 address. Our practice is nestled within the vibrant 70130 area code, offering easy accessibility to those seeking our legal expertise. Situated in this bustling district, our office provides a central and convenient meeting point for clients in and around New Orleans. Whether you’re visiting us from the French Quarter, the Garden District, or any other neighborhood in the city, you’ll find our location to be both accessible and well-connected. We are proud to be a part of this thriving community and are ready to serve the legal needs of our fellow residents.

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Car accidents can be harrowing experiences, often leaving victims with injuries, property damage, and financial burdens. In many cases we see as car accident lawyers in New Orleans, determining fault is crucial for insurance claims and legal proceedings. While every auto accident is unique, there are common types where fault typically lies with the driver who hit you. Let’s explore these scenarios and discuss how Cueria Law Firm, a trusted Car Accident Lawyer in New Orleans, can assist you in seeking justice and compensation.

Two cars involved in a Car Accident. One cars front bumper is severely damaged. Case taken on by New Orleans Car Accident Lawyer - Cueria Law Firm
When the Driver is usually Liable during Common Car Accident Incidents 

  • Rear-Ending Car in Front of Vehicle
    One
    of the most common types of car accidents is rear-ending accidents. In these cases, the driver who rear-ends another vehicle is often at fault. Drivers are expected to maintain a safe following distance and be prepared to stop if the vehicle in front of them slows down or comes to a stop.
  • Failure to Yield
    Failure to yield accidents occur when a driver fails
    to give the right of way, such as at stop signs, traffic signals, or when merging onto a highway. The driver’s failure to yield can result in collisions, and they are typically held responsible for the accident.
  • Running Red Lights or Stop Signs
    Driver
    s who run a red light or fail to stop at stop signs and subsequently collide with vehicles traveling on intersecting roads are usually considered at fault. Disregarding traffic signals is a clear violation of road rules. If you have been involved in any car accident deemed someone elses fault, contact our trusted Car Accident Lawyers in New Orleans. 
  • Unsafe Lane Changes
    Unsafe lane changes can lead to accidents when a driver fails to signal or check their blind spots when changing la
    nes. The driver making the unsafe lane change is often held accountable for the collision.
  • Distracted Driving
    Distracted driving, often due to activities like texting, talking on the phone, or eating, diverts a driver’s attention from the road. If these distractions cause an accident, the distr
    acted driver is typically deemed at fault. Unfortunately, over the years these types of car accidents have been a common case at our practice that specializes in being a Car Accident Lawyer in New Orleans, Louisiana. 
  • Speeding Excessive speeding is a significant factor in many accidents. Drivers who exceed the speed limit are typically held responsible for the collision, as it’s their reckless behavior that contributes to the crash.

Car accidents can result in a wide range of injuries, varying in severity depending on factors like the speed of the collision, the type of vehicles involved, and the use of safety measures like seat belts and airbags. Common injuries seen during car accidents include:

  • Whiplash: Whiplash is one of the most common injuries in rear-end collisions. It occurs when the head and neck are suddenly jerked forward and then backward, causing neck strain and soft tissue damage.
  • Fractures: Broken bones, such as fractures in the arms, legs, ribs, or collarbones, can result from the impact of a car accident.
  • Head Injuries: Traumatic brain injuries (TBI) and concussions can occur when the head strikes an object or is jolted forcefully during an accident. Even with the use of seat belts and airbags, head injuries can be serious.
  • Chest Injuries: Chest injuries, including broken ribs and damage to internal organs, can result from the impact of a car accident, especially if the chest area hits the steering wheel or dashboard.
  • Back and Spinal Cord Injuries: Injuries to the spinal cord can lead to long-term disabilities. Common spinal injuries include herniated discs and fractures of the vertebrae.
  • Soft Tissue Injuries: These include sprains, strains, and contusions. Soft tissue injuries can affect muscles, ligaments, and tendons and may not always be immediately apparent.
  • Internal Injuries: Car accidents can cause damage to internal organs, leading to internal bleeding or organ dysfunction. These injuries may not be evident right away and require prompt medical attention.
  • Burns: Vehicle fires or contact with hot surfaces can result in burns of varying degrees.
  • Facial Injuries: Facial injuries can include cuts, lacerations, bruises, and damage to the eyes, nose, and mouth due to the impact or contact with debris.
  • Emotional and Psychological Trauma: Car accidents can also cause emotional and psychological trauma, leading to health conditions such as depression, anxiety, and even PTSD.

When you find yourself involved in any of these car accidents in the city of New Orleans, you don’t have to navigate the legal complexities alone. Cueria Law Firm, a trusted name among Car Accident Lawyers in New Orleans, is here to help. Our experienced team of car accident lawyers in New Orleans have a proven track record of successfully handling a wide range of car accident cases in New Orleans.

We understand the local laws and regulations, and we are committed to providing top-notch legal representation tailored to your unique situation. Beyond our expertise, we offer compassionate advocacy. We genuinely care about your well-being, and we’ll take the time to listen to your story, understand your needs, and provide the support you require during this challenging time.

Scene of Night Car Accident. Case taken on by Cueria Law Firm, professional Car Accident Lawyers in New Orleans

We’re not just legal professionals; we’re your allies in the fight for justice. Our comprehensive services include legal consultation, insurance negotiations, thorough investigation, litigation, and the maximization of compensation. With us by your side, you can trust that we will protect your rights and fight for the compensation you deserve.

Don’t let a car accident disrupt your life. Contact Cueria Law Firm today for a free consultation, and let us be your dedicated legal advocates on the path to recovery and justice. When it comes to needing a car accident lawyer in New Orleans, we’re your trusted partners. Let us handle the legal intricacies while you focus on healing and recovery.


Disclamer: 
The information provided in this blog post is for informational purposes only and should not be construed as legal advice. The content is intended to provide a general overview of common types of car accidents and fault attribution. Every car accident case is unique, and the determination of fault can depend on various factors, including local laws, specific circumstances, and the evidence available.

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