When you are hurt in a car accident, do not work with insurance on your own. There are damages you need recovered, but insurance companies are there to protect their driver, not to pay you.
Our attorneys can fight for full compensation by taking the case to court when necessary. We can also advise you on what your case is truly worth and look to protect you throughout your case from unfair accusations, denied coverage, and reduced payouts.
For help, call our car accident lawyers at Schoenfeld Law Firm at (504) 688-7760 right away.
Elements of Fault in a Car Accident Case
In a car accident case, you need to prove that another party is at fault before you can hold them responsible. To prove that they were at fault for “negligence,” you need to show four major elements:
- They owed you a legal duty. This is often based on what a reasonable driver would do in the situation, but it can also be based on traffic laws that applied to them.
- They breached that duty. This is often a traffic violation or unsafe act behind the wheel, but other parties may be liable for things like negligent repairs or auto part manufacturing issues.
- Their breach caused the accident.
- The accident resulted in damages and injuries.
Assigning Partial Fault
Any party who meets all four elements can be held partially responsible. The court assigns each at-fault party a share of the blame, usually as a whole-number percentage. Then, each party pays that percentage of the total damages.
The victim can be held partially liable, too. As of 2026, as long as your fault is under 51%, you can still claim damages. This means 50/50 fault is allowed. If your fault is 51% or higher, you cannot sue.
If you are partially at fault, you lose that percentage of damages equal to your share of the fault.
Who Determines Fault?
The jury typically determines fault. The judge is there to make legal decisions, but the jury decides the facts, including who was at fault and what share of the blame they share.
Insurance will make decisions about fault to set settlement offers, but fault is not necessarily declared or admitted in any formal way as part of a settlement agreement.
What Do You Need to Win a Car Accident Case?
To win your case, you will need these three things:
Proof of All Elements
You need to prove all four elements of negligence discussed above. If any one element is missing, it can block your case.
Evidence
Those elements need to be proven through evidence. Your testimony, plus medical records and vehicle damage appraisals will help prove what happened and what the results were. However, testimony from other witnesses, accident reconstruction reports, and security camera video may help you prove fault.
Help from a Lawyer
You should always work with a car accident lawyer to help you find evidence and prove fault. The other side will have a lawyer through their insurance, so you should have one too.
We can apply our legal training and experience to your case to help you. Otherwise, you would be on your own and subject to whatever the insurance company decides they feel like paying.
What Damages Do You Need After a Car Accident in Houma, LA?
Our car accident lawyers can help you seek these damages.
Medical Bills
All care costs, including follow-up care, pain medication, and physical therapy, should be claimed in your case.
Lost Wages
Any wages you lose out on because of your recovery or newfound disability, now or going forward, should be reimbursed.
Vehicle Damage
The cost of repairing your vehicle should be compensated, as should the reduced value of the car after the crash.
Other Economic Damages
Other costs related to the crash and aftermath can also be paid for from the winnings in the case.
Non-Economic Damages (Pain and Suffering)
You should also be entitled to compensation for your physical pain, emotional distress, and other “non-economic” effects, often lumped under the header of “pain and suffering.”
What Does Your Insurance Cover?
In Louisiana, we use an at-fault insurance system. This means that the at-fault driver’s insurance pays, and everyone carries insurance to cover the harm they cause.
This ultimately means that your insurance only covers accidents when you are at fault. However, you might have additional coverage options to cover your own damages with a deductible payment – e.g., collision coverage.
But you need to check your policy to see what was there before the accident; you cannot add these coverages retroactively.
What Does Their Insurance Cover?
The minimum insurance in Louisiana covers at least
- $15,000 for injuries to one person
- $30,000 total for injuries per accident
- $25,000 for property damage.
Their insurance may be higher, especially if they were a commercial driver. If it is not, and your damages go beyond their policy limits, you might be able to use your “uninsured/underinsured motorist coverage” (UM/UIM), which is an optional coverage you might have.
You can also sue them out of pocket for damages beyond their policy limits, but it might be harder to recover these damages.
Do You Need to Go to Court?
Many cases do get filed in court, but that does not mean you have to go to trial. Settlements often come after filing, as it puts more pressure on the defense, gives you the ability to demand evidence in their possession, and raises the stakes of the case.
You can settle before trial and keep the option of going to trial as a backup if the defense refuses to settle.
How Long Do You Have to File?
Louisiana law gives you 2 years to file your injury case after most car crashes. Work with a lawyer sooner to avoid missing evidence or creating unnecessary delays.
What if Someone Was Charged with a Traffic Offense or Crime?
If the defendant was charged with a crime like DUI or a traffic violation for the crash, this can help you prove your case. Their record of conviction can be entered as evidence and help you prove they were at fault.
If they were charged with DUI, reckless driving, or another serious offense, this might help you justify a claim for additional punitive damages.
Call Our Car Accident Lawyers in Houma Today
Call (504) 688-7760 for a free case evaluation with the car accident lawyers at Schoenfeld Law Firm.
