Every year, accidents cause hundreds of injuries and take hundreds of lives in the state of Louisiana. Most people have been in at least one accident in their lifetime, and many drivers have been in multiple. Now two accidents happen the same way, and for that reason the details of each car accident differ from one case to the next. As strange as it may seem, it’s entirely possible that no one was at fault in your car accident case. Accidents can be purely accidental – but there’s still a chance you can receive compensation if this is true for your case.

If you believe you’ve been in a no-fault car accident, you need to enlist the help of a lawyer to investigate your crash and guide you through the process of potentially receiving financial compensation for what you have suffered.

What Do I Need To Know About A No-Fault Car Accident Case?

A no-fault car accident is usually caused by a spontaneous traffic problem, an obstruction in the road, a medical emergency behind the wheel (such as a stroke or heart attack) or any other uncontrollable event that isn’t the fault of any one person. As long as none of the drivers involved caused the accident through their own negligence, recklessness or avoidable behaviors, a no-fault accident has occurred.

Still, even if no ticket is issued to the at-fault driver, some attorneys and courts may still argue that someone is at fault in the accident case. Even if, at the scene of the crime, fault is never established, it could potentially be established later. Never assume that you can’t get compensation or that the case is closed simply because fault was never established. Always speak to a personal injury attorney about your options, as you may be entitled to compensation after your accident anyway.

Who Determines Fault In A Car Accident Case?

Generally speaking, the law enforcement officer who arrives at the scene of the car accident will take the role of determining who caused the crash. The officer will survey the scene of the crash, take statements from all parties involved, and create a police report with the details of the car accident. After collecting this evidence, the law enforcement officer will use this information to determine who is at fault.

Once the police report has been filed, it is ultimately a judge or arbitrator’s decision to determine who is at fault in the car accident. Therefore, even if the law enforcement officer decided no one was at fault, or did decide someone was at fault, you can still challenge this ruling and potentially receive a settlement claim from the accident.

Is Louisiana A No-Fault State?

In the context of car, truck and motorcycle accidents, states either follow a fault or no-fault system. This means, in a no-fault system, people injured from no-fault car accidents can still file a claim with their insurance company and seek compensation.

Louisiana is not a no-fault state, rather it is a tort state. A tort is an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability. Therefore, if you get into a no-fault accident in the state of Louisiana, you are required to prove that the other driver was at fault in order to seek compensation for your accident case.

For this reason, it’s crucial that you seek the help of a personal injury attorney after getting into a no-fault accident in Louisiana. You need strong representation who are capable of investigating the accident and truly discovering who caused it. If no-fault can be found, your lawyer will advise what other areas of relief you may be able to take to recover from the crash financially.

How Do I Know If I’m Eligible To Receive A Settlement After A No-Fault Car Accident Case?

Discuss the key points of your car crash case with our law firm to see if you are eligible for compensation through motorist coverage. Since every accident case is different, the only real way to get credible information regarding your potential claim is to contact a personal injury law firm in Louisiana and share with them the details of your case.

If you are eligible to be compensated for your no-fault car accident case, it’s best to pursue a settlement with the help of a personal injury attorney by your side. Insurance companies often give victims lowball offers. However, our team of auto accident lawyers can hold those insurance companies accountable and negotiate a fair settlement on your behalf.

Schedule a free consultation with The Law Office of Glenn C. McGovern today to discuss your no-fault car accident case.