Louisiana traffic deaths have been on a downward trend in recent years, reaching an all-time low in 2011. Nevertheless, that still leaves hundreds of deaths per year, along with many more serious injuries. Louisiana car accident law is comprehensive and well-developed — below are some of its more salient features:
Statute of Limitations: In Louisiana, you have one year from the date of an accident to file a lawsuit for personal injury or property damage. A wrongful death lawsuit must be filed within one year of the victim’s death. These are among the shortest limitation periods in the nation.
When the Victim is Partly at Fault: Louisiana has adopted a “pure comparative negligence” system that allows an at-fault victim to recover an amount equal to his full damages minus a pro-rata reduction based on his relative fault. If the injured victim was 20 percent at fault, for example, his damages will be reduced by 20 percent. He can win at least a portion of his damages even if he was mostly at fault for the accident.
Fault/No Fault Rule: Like most states, Louisiana is a “fault” auto insurance state – there is no prohibition preventing you from filing a claim against the other party’s insurance company or filing a lawsuit against him.
Minimum Insurance Coverage: Louisiana maintains a “15/30/25” minimum liability insurance coverage regime — $15,000 per injured victim, $30,000 total personal injury coverage per accident, and $25,000 property damage coverage per accident.
Uninsured/Underinsured Motorist Coverage: Louisiana does not require its drivers to purchase uninsured or underinsured motorist coverage.
Types of Damages Available: Full compensatory damages are available, including pain and suffering damages. Punitive damages are almost impossible to obtain except in DUI-related accidents.
Product Liability for Defective Vehicles: Strict (no-fault) product liability is limited to the manufacturer of the product at issue. Negligence and warranty theories of liability are also available.
Suing the Government over Defective Roadways (Sovereign Immunity): Although Louisiana has partially waived its sovereign immunity (a government’s immunity from lawsuits for money damages), the maximum recovery for a defective roadway lawsuit is limited to $500,000 per case. In some cases (such as an alleged defect in the design of the roadway), it might be difficult to secure any amount at all.
Motorcycle Helmet Laws: All riders are required to wear helmets on Louisiana roads.
Seat Belt Laws: All occupants 13 years of age or older must wear seat belts. The maximum first-offense fine is $25.
Dram Shop Law: Alcohol vendors can be held liable for injuries to third parties caused by underage patrons to whom the vendor served alcohol.
DUI/DWI Penalties (first offense): In Louisiana, a first offense DUI will result in a jail term of at least two days but no more than six months, as well as a fine of $1,000. The offender’s driver’s license will be suspended for 90 days.
Distracted Driving (texting while driving, etc.): Texting and driving is forbidden in Louisiana for all drivers. Neither drivers on Learner or Intermediate licenses nor on-duty school bus drivers may use hand-held electronic devices while driving. Novice drivers (who have held their driver’s license for less than one year) may not use cell phones at all. The ban on cell phone is a secondary offense for drivers 18 and older – a police officer cannot cite an offender for this offense unless he stops him for another independent offense such as running a stop light.
