What If You’re Blamed for an Accident That Wasn’t Your Fault in Louisiana?

No one expects a car accident, yet auto accidents are a daily reality on Louisiana roads — especially in cities like New Orleans and Gretna. If you’ve been in a car accident in New Orleans, LA, the last thing you want is to be blamed for something that wasn’t your fault. But it happens. Fault disputes are common, and insurance companies aren’t always on your side.

Under Louisiana law, determining fault isn’t just a formality — it decides who pays for medical bills, vehicle damage, lost wages, and more. If you’re unfairly blamed, you risk losing out on the compensation you deserve. That’s why knowing how to protect yourself at the accident scene and during the claims process matters.

Because when an accident happens, especially one involving serious injuries or property damage, you need more than just good luck — you need to act quickly, gather evidence, and protect your rights.

Determining Fault in Louisiana

When a car accident happens in Louisiana, figuring out who’s at fault is everything. The at-fault driver — and by extension, their insurance company — is responsible for paying damages, whether that’s medical expenses, lost wages, or property damage. This is how Louisiana’s tort system works.

But it’s not always black and white. Louisiana follows the rule of comparative negligence. If you’re found partially at fault for the accident, your compensation gets reduced by your percentage of fault. Say you’re 20% at fault — your payout drops by 20%. That’s why determining fault accurately is critical to your personal injury claim.

Insurance companies will send their adjusters to investigate the accident scene, review police reports, and interview the drivers involved. But make no mistake — they’re looking out for their bottom line, not yours. That’s why it’s smart to consult a car accident lawyer early. The right legal representation can help make sure fault is assigned fairly and your personal injury case doesn’t take a hit from unfair blame.

Gathering Evidence at the Accident Scene

If you’re in a car accident in New Orleans, LA, your actions at the accident scene can make or break your case later. The first step? Gather evidence — and do it right away.

Start by taking clear photos of everything: the vehicles involved, the damage, skid marks, road signs, and the overall scene. If you have visible injuries, document those too. Don’t forget to exchange information with the other driver, including driver’s license numbers, insurance policy details, and license plate numbers.

Witnesses are gold in a car accident case. Get their contact information and ask for statements if they’re willing. Their testimony can make a difference if fault is disputed.

Also, make detailed notes about the accident — time, date, location, weather, and road conditions. If a police officer responds, make sure to get a copy of the police report later. That report will often include crucial details that can help determine fault in your personal injury lawsuit.

Being blamed for an accident you didn’t cause is bad enough. Don’t make it worse by walking away without gathering the evidence you’ll need to protect yourself.

Understanding Car Accident Injuries in New Orleans

Not every car accident injury shows up right away. In fact, it’s common for accident victims to tell the police officer at the scene that they’re fine — only to wake up the next day in pain. That’s thanks to adrenaline, which can easily mask symptoms after a motor vehicle accident.

If you’ve been in a car accident in New Orleans, LA, seek medical attention as soon as possible — even if you feel okay. Conditions like whiplash, concussions, or soft tissue injuries may not be obvious at first but can lead to serious medical expenses later on.

Your medical treatment records are a key part of your personal injury claim. Keep every doctor’s note, hospital bill, and receipt related to your care. Insurance companies love to argue that a delay in treatment means your injuries aren’t real. An experienced car accident attorney can help make sure that doesn’t happen — and fight to recover compensation for your injuries, lost income, and future medical bills.

The Role of a Car Accident Lawyer

Let’s be blunt: dealing with insurance companies on your own is risky. They’ve got teams of adjusters and lawyers working hard to protect their bottom line — and they’re betting you don’t know how the system works. That’s exactly why having a car accident lawyer matters.

An experienced attorney can help you:

• Investigate the accident thoroughly — collecting the right evidence to prove fault.

• Handle insurance adjusters — so you’re not pressured into giving statements or signing documents that hurt your case.

• Build a strong car accident case — making sure fault is assigned fairly and your claim isn’t dismissed or undervalued.

• Negotiate for maximum compensation — whether for medical expenses, lost wages, or property damage.

• Represent you in court, if necessary — and fight aggressively to protect your rights.

The legal process after a motor vehicle accident can be overwhelming, especially if the other driver is trying to shift blame your way. With a trusted law office by your side, you’re in a stronger position to recover damages and secure proper compensation for what you’ve been through.

Car Crash Investigation

When a car crash happens in Louisiana, the investigation that follows can make or break your car accident claim. Everything starts with the police report, which often includes:

• The cause of the accident

• Witness statements from people who saw what happened

• Any citations issued by the police officer

• Details on the drivers involved and vehicles involved

If the accident occurred and you suffered any kind of personal injury, seek medical attention and make sure a police report is filed. Don’t assume it’s minor — that report could be the key to recovering damages later on.

But the police report isn’t the only investigation happening. Insurance companies will launch their own review, which typically includes:

• Analyzing the accident reports and photos from the accident scene

• Interviewing the other driver and anyone else involved

• Assessing vehicle damage and repair estimates

• Sometimes bringing in crash experts to recreate how the accident happened

Keep in mind — insurance companies aren’t working for you. Their goal is to pay as little as possible on your insurance claim.

Filing a Car Accident Case Claim

If you’ve been in a car accident in Louisiana, there are two common types of claims you may need to file:

• Injury claim — to recover compensation for car accident injuries, medical bills, and lost income.

• Property damage claim — to cover vehicle repairs, replacement costs, or other damage related to the accident.

Filing a car accident claim isn’t always simple. The process can be long, frustrating, and packed with legal hurdles. That’s why it makes sense to work with an experienced car accident attorney who knows how to handle every part of a claim — from gathering evidence at the accident scene to dealing with tough insurance adjusters.

Seeking Compensation

After a serious car accident, you have every right to seek compensation for the harm caused by someone else’s carelessness. But getting what you deserve doesn’t happen automatically — you’ll need to fight for it, and an experienced car accident attorney can help you do just that.

A car accident lawyer can help you:

• Determine how much compensation your case is really worth

• Gather evidence that supports your personal injury lawsuit

• Negotiate with insurance companies to protect you from low settlement offers

• Make sure all your losses — including medical expenses, lost wages, and property damage — are documented and included in your claim

Don’t overlook the importance of keeping detailed records, such as:

• Hospital bills and medical treatment records

• Proof of lost income or missed work

• Estimates for vehicle repairs or replacement

• Out-of-pocket expenses related to the accident

Don’t Let Someone Else’s Mistake Cost You

Getting blamed for a car accident that wasn’t your fault can feel frustrating — and in Louisiana, it can directly affect how much compensation you’re able to recover for medical bills, property damage, and lost wages. Taking the right steps early, like gathering evidence, documenting the accident scene, and seeking medical attention, helps protect your rights and keeps someone else’s mistake from becoming your financial problem.

At Burnham Law Firm, we’ve seen how quickly things can turn against accident victims when insurance companies get involved. If you’re facing questions about fault or aren’t sure what to do after a car accident in New Orleans, LA, having someone in your corner who knows Louisiana law can make the process a lot less overwhelming. Take your first step by filling out our FREE consultation form. 

Because when it comes to protecting your future, doing nothing is the only mistake you can’t afford to make.