What to Do After a Car Accident in Louisiana: A Step-by-Step Guide

Let me be direct with you: the minutes and hours after a car accident in Louisiana are the most important moments of your entire case. What you do — and what you don’t do — will follow you all the way to the settlement table or the courtroom.

I’ve been fighting for accident victims in New Orleans and across Louisiana for over 15 years. I’ve seen cases won and cases lost based on decisions people made at the scene — before they ever called an attorney. This guide is designed to walk you through exactly what to do, step by step, so you protect yourself from the moment the crash happens.

Step 1: Check for Injuries and Call 911

Your first priority is safety — yours, your passengers’, and anyone else involved. Check yourself and others for injuries. If anyone is hurt, call 911 immediately. Don’t try to move someone who may have a spinal injury unless there’s an immediate danger like fire.

Even if nobody appears seriously hurt, call the police. A police report is one of the most important documents in your personal injury case. It establishes what happened, who was involved, and often includes the officer’s initial assessment of fault. In Louisiana, you are required by law to report accidents involving injury, death, or significant property damage.

Louisiana Law: Under Louisiana R.S. 32:398, drivers involved in accidents resulting in injury or death must immediately report the accident to local law enforcement. Failing to report can hurt your case and result in legal penalties.

Step 2: Move to Safety — But Don’t Leave the Scene

If the vehicles are drivable and it’s safe to do so, move them out of traffic to avoid a secondary accident. Turn on your hazard lights. But do not leave the scene — leaving the scene of an accident in Louisiana is a criminal offense, even if you weren’t at fault.

Step 3: Document Everything — Right Now

Your phone is your most powerful tool at the scene. Use it. Document everything before anything gets moved, cleaned up, or changed:

• Photos of all vehicles from multiple angles — damage, position on the road, license plates
• Photos of the overall scene — road conditions, traffic signs, skid marks, debris
• Photos of any visible injuries on yourself or passengers
• Video walkthrough of the scene if possible
• Photos of the weather and lighting conditions
• Screenshots of your GPS location and timestamp

More documentation is always better. I’ve never had a client say “I took too many photos.” I’ve had plenty say they wished they had taken more.

Step 4: Exchange Information — Carefully

Get the following from every driver involved:

• Full legal name
• Driver’s license number
• License plate number
• Insurance company name and policy number
• Vehicle make, model, and year
• Phone number

Also get contact information from any witnesses — names and phone numbers. Witnesses are gold in disputed liability cases, and people leave scenes quickly.

Important: Be polite but don’t discuss fault at the scene. Don’t say “I’m sorry” — even as a reflex. In Louisiana’s comparative fault system, any admission — even an informal one — can be used against you.

Step 5: Get Medical Attention — Even If You Feel Fine

This is the step most people skip, and it’s the one that kills more cases than anything else.

Adrenaline masks pain. Whiplash, soft tissue injuries, concussions, and internal injuries often don’t show symptoms until hours or days after an accident. If you wait too long to see a doctor, the insurance company will argue that your injuries weren’t caused by the crash — or weren’t serious enough to warrant compensation.

Go to the emergency room, urgent care, or your primary care physician the same day if at all possible. Get examined, and follow every treatment recommendation. Your medical records are the foundation of your injury claim.

Step 6: Do Not Talk to the Other Driver’s Insurance Company

The other driver’s insurance adjuster will call you. They’ll sound friendly and helpful. They’re not. Their job is to settle your claim for as little money as possible — and they’re very good at it.

Do not give a recorded statement. Do not accept any settlement offer. Do not sign anything. Just politely tell them you are represented by an attorney — or that you will be — and end the call. Then call me.

Step 7: Contact a Louisiana Personal Injury Attorney

Louisiana has one of the shortest statutes of limitations for personal injury claims in the entire country — just one year from the date of the accident. That clock starts ticking the moment the crash happens.

The sooner you contact an attorney, the better. Evidence disappears. Witnesses forget details. Surveillance footage gets overwritten. The earlier we get involved, the stronger your case.

When you call me, you’re not getting a call center or a paralegal. You’re getting me — personally. I’ll review your case, explain your options, and tell you honestly what we’re looking at. No fees unless we win. No pressure. Just straight answers.

Louisiana Car Accident Laws You Need to Know

Comparative Fault

Louisiana follows a pure comparative fault system under Civil Code Article 2323. This means that even if you were partially at fault for the accident, you can still recover damages — your compensation is simply reduced by your percentage of fault. For example, if you were 20% at fault and your damages are $100,000, you’d recover $80,000. Insurance companies will try to inflate your percentage of fault to reduce their payout. Don’t let them.

Minimum Insurance Requirements

Louisiana requires drivers to carry minimum liability coverage of $15,000 per person and $30,000 per accident for bodily injury, plus $25,000 for property damage. These minimums are dangerously low for serious accidents — which is why uninsured/underinsured motorist coverage is so important.

Uninsured Motorists in New Orleans

New Orleans consistently ranks among the cities with the highest rates of uninsured drivers in the country. If you’re hit by an uninsured driver, your own uninsured motorist (UM) coverage becomes critical. If you don’t have it, or if it’s not enough, a personal injury attorney can help identify other avenues of recovery.

Been in an Accident? Call Me Today.

You have one year. Don’t spend it figuring out the system on your own. I’ve spent 15+ years fighting for New Orleans families who deserved better — and I’m ready to fight for you. Free case review, no fees unless we win.

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