Detailed Answer
This section explains, in plain language, how to protect your rights and file a personal injury claim in Louisiana after another driver runs a stop sign and hits your car. It covers what Louisiana law says about fault, the steps to take at the scene, how to make an insurance claim, and how and when to file a lawsuit.
1. How Louisiana law treats this kind of crash
Under Louisiana law, a motorist who fails to obey traffic signals (for example, runs a stop sign) can be held liable for the harm they cause. The driver’s violation is strong evidence of negligence. The basic cause of action for harm caused by a person’s fault is found in the Louisiana Civil Code (see generally La. Civ. Code art. 2315), which requires a person who causes damage by fault to repair it. For information on the civil-code duty, see the Louisiana Legislature law search: La. Civ. Code art. 2315.
2. Comparative fault and how it affects recovery
Louisiana follows a comparative-fault system. If you share some fault, your damages award is reduced by your percentage of fault. See La. Civ. Code art. 2323 for the rule on comparative fault: La. Civ. Code art. 2323. Even if you were partly at fault, you can still recover the portion of damages attributable to the other driver’s fault.
3. Time limit to file a lawsuit (prescriptive period)
Delictual (tort) claims in Louisiana generally prescribe (expire) one year from the date of injury. That means you normally must file a civil suit within one year of the crash or you risk losing the right to sue. See La. Civ. Code art. 3492: La. Civ. Code art. 3492. File promptly to preserve your claim.
4. Immediate steps at the scene and after the crash
- Call 911 and get a police report. An official report documenting that the other driver ran a stop sign is critical evidence.
- Seek medical attention right away. Treating providers’ records link your injuries to the crash and are essential for any claim.
- Document the scene: photographs of vehicles, the stop sign, skid marks, traffic signal visibility and road conditions, your injuries, and visible damage to both vehicles.
- Collect witness names and contact information. Independent witnesses strengthen your position.
- Exchange insurance information with the other driver. Get their insurer name and policy number if possible.
- Preserve physical evidence and records: medical records, medical bills, repair estimates, repair invoices, receipts for out-of-pocket costs, and correspondence with insurers.
5. Making an insurance claim
Most personal injury claims after a car crash start with an insurance claim:
- Report the crash to your own insurer and to the at-fault driver’s insurer. Give only factual information and avoid admitting fault.
- Provide photos, the police report number, medical records, and repair estimates to support your claim.
- Expect the insurer to investigate. They may request recorded statements, and they may evaluate fault based on the police report and evidence.
- Do not sign releases or accept a global settlement offer until you understand all medical treatment and future care needs. Early offers often undervalue future damages.
6. When to file a lawsuit in court
If negotiations with the insurer fail or the settlement offer is inadequate, you can file a civil suit in the appropriate Louisiana court before one year from the crash. A lawsuit starts formal litigation and forces the insurer(s) to respond. Filing preserves your legal rights and starts formal deadlines (discovery, motions, trial preparation).
7. Types of damages you can seek
Typical recoverable damages in Louisiana vehicle-collision cases include:
- Economic damages: medical expenses, lost wages, property damage (repair or fair market value), future medical costs related to the crash.
- Non‑economic damages: pain and suffering, emotional distress, loss of enjoyment of life.
- Punitive damages are rare in ordinary traffic collisions and require special proof of malice or gross negligence.
8. Uninsured / underinsured motorist (UM/UIM) coverage
If the at-fault driver is uninsured or underinsured, your own UM/UIM policy may cover additional damages. Louisiana law addresses UM coverage in the insurance code (see La. R.S. 22:1406 et seq.). You can check your policy and discuss whether a UM/UIM claim applies: La. R.S. 22:1406.
9. Documentation and demands
Create a written demand package: summary of the accident, copies of the police report, photos, medical records and bills, wage-loss documentation, and a demand letter stating your injury damages and a settlement figure. A clear demand helps the insurer evaluate fair compensation.
10. Consider legal help
You are not required to hire an attorney to file an insurance claim or lawsuit, but an attorney familiar with Louisiana traffic and tort law can help evaluate liability, quantify damages, handle negotiations, and file suit correctly and on time. If you have significant injuries, permanent impairment, or disputes about fault, consider consulting an attorney promptly.
11. Practical timeline checklist
- Day 0: Call 911, get medical care if needed, gather evidence, exchange insurance information.
- Days 1–14: Obtain police report, follow-up medical care, notify insurers, preserve records.
- Weeks 2–12: Complete necessary medical treatment or document ongoing treatment, collect bills and wage-loss records, prepare demand package.
- Before 1 year: File suit if you cannot reach a fair settlement.
Key Louisiana statutes (for reference)
- Duty to repair damage caused by fault: La. Civ. Code art. 2315.
- Comparative fault rule: La. Civ. Code art. 2323.
- Prescription (one-year prescriptive period for delictual actions): La. Civ. Code art. 3492.
- Uninsured/underinsured motorist insurance provisions: La. R.S. 22:1406.
Disclaimer: This information is educational only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Louisiana attorney.
Helpful Hints
- Preserve the police report number and request a copy as soon as available — it’s often the strongest proof of the other driver’s failure to stop.
- Get immediate and thorough medical documentation linking your injuries to the crash; gaps in treatment can hurt your claim.
- Take many photos at the scene from multiple angles, including the stop sign and how the other car entered the intersection.
- Do not post details or discuss fault on social media; insurers and defense lawyers use social posts against claimants.
- Keep a medical diary describing pain levels, activity limitations, and how injuries affect daily life — this helps document non-economic losses.
- Respond to your insurer’s requests but consult an attorney before giving a recorded statement to the other driver’s insurer.
- Start building a clear file (photos, medical bills, receipts, police report, witness info) immediately and keep backups.
- Watch the one-year deadline. Even if medical treatment continues, file suit before the prescriptive period ends or you may lose the right to recover.
- If the other driver fled the scene or you suspect the driver lacked insurance, preserve any available evidence (plate number, witness info) and check UM/UIM options under your own policy.