People in Louisiana who are involved in a car accident might wonder what to do in the immediate aftermath of the accident. It is important to remain calm and check for injuries. Injured people should only be moved if necessary. If possible, cars should be moved off the roadway so that they do not cause another accident.
The driver at fault is responsible for making a report to the insurance company. However, a person should still get information from that driver, such as their name and address as well as the name and policy number of the insurance company. The person should also get witness statements and take photographs. The police might be called, and although their report may not be permitted in a civil suit, it could still be useful in a settlement.
Later on after the accident, people should document any injuries and call their own insurance company. A person's insurance company may be helpful if the responsible driver's insurance company tries to claim the driver did not cause the accident. If this happens, the injured person's insurance company might sue for compensation, or an injured person may file the lawsuit.
In some cases, a person might suffer catastrophic injuries in a car accident and be unable to follow the above steps. There could be additional complications, such as the driver being uninsured or the event of a hit-and-run. The accident could involve a criminal trial if the driver was driving drunk or engaging in another illegal activity. However, a civil lawsuit can go forward whether or not a driver has been charged in an accident. In a civil case, the burden of proof is lower, so an unsuccessful criminal case does not mean the civil case will not be successful. It is only necessary to establish a preponderance of evidence in a civil case.