After a traffic accident, you may want to seek compensation for your injuries and damages. However, if you received a ticket for the crash, you might think it equates to being at fault, making you ineligible for compensation.
However, in Louisiana, this is not necessarily the case. In many situations, you may still be reimbursed for your losses. Can you still get compensation if you were ticketed for a crash? Here’s what you need to know.
Louisiana Has Comparative Fault Laws
Whether you are partially at fault or not, under Louisiana comparative fault laws, you may be able to receive compensation for your losses. The state understands that accidents can occur for many reasons, and there may not be a single party to blame.
Under this system, if you are involved in an accident and found to be partially at fault, you can still seek compensation for your damages. Your compensation amount will be reduced based on the percentage of fault assigned for the crash. For example, if you are 40% responsible for the accident, you can still recover 60% of the damages.
So, if you received a ticket for the accident, you could still receive compensation.
Louisiana’s laws are a little more lenient than others across the country. Some states will deny you the ability to seek compensation if you are more than 50% at fault (modified comparative negligence), while others will prevent you from collecting damages if that percentage is more than 1% (contributory negligence).
However, these laws don’t apply in the state of Louisiana, which is good news for those who received a ticket for the crash.
Can You Fight the Ticket?
Receiving a ticket doesn’t automatically mean that you’re at fault. Sometimes, law enforcement may be wrong in their determination of liability for the crash. You can always fight the ticket, and in some cases, that can benefit your personal injury claim.
You could pay off the ticket and focus on your injury claim. But the other insurance company may try to use that as an admission of guilt, which could lower your compensation payout.
From the insurance standpoint, they will consider all evidence, including your ticket. However, the claims adjuster may take another look if you’re willing to dispute the ticket in court. This could sometimes influence how the insurance company views your claim. If you are successful in disputing the ticket, you may even be able to receive a bigger negotiated settlement.
If you believe you’re not guilty, you must request a trial date before the due date on the ticket. Sometimes, there is a mandatory appearance. In that situation, you can plead “not guilty,” which will lead to another pre-schedule hearing. You can present your case during the trial and hopefully get the ticket dismissed.
However, you can still file a personal injury claim for compensation if you are unsuccessful. You just can’t get a larger amount due to the percentage of your fault in the accident.
Remember, in these cases, fighting a ticket falls into the criminal law aspect of the case, and you may want to reach out to a traffic law attorney for those matters. But if you are ready to file a personal injury claim, you will want to talk to an experienced car accident lawyer.
Is There a Time Limit for Filing a Claim?
If you have been involved in a car accident in Louisiana, you will want to know the time limit to file a claim. The statute of limitations in Louisiana for personal injury and property damage claims arising from a car accident is one year from the accident date. This means that if you fail to file your claim within this period, you will lose your right to seek compensation for your injuries and damages.
If you want to protect your legal rights and ensure that you receive the compensation you deserve, act quickly and consult with an experienced car accident attorney as soon as possible after the accident.
A knowledgeable Louisiana auto crash lawyer can help you understand your rights, assess the strength of your claim, and guide you through the process of seeking compensation.
Find Out More About Filing a Personal Injury Claim
Being ticketed at the scene of a car accident in Louisiana does not automatically disqualify you from seeking compensation.
Under the state’s comparative fault law, you may still be able to seek compensation for your injuries, property damage, and other losses. Always consult a legal professional to navigate these complex issues and protect your rights.
No matter if you have received a ticket or not, there is hope for your compensation claim. If you’ve suffered a preventable injury, Bianca | Matkins can assist. We have experience helping accident victims and their families get the compensation that they deserve.
Give us a call to schedule a free consultation.
