Every year, thousands of people across Louisiana are injured in transportation-related accidents. In New Orleans, the risks are particularly high; busy corridors like I-10 and the Pontchartrain Expressway, the Claiborne overpass, narrow neighborhood roads, heavy commercial trucking routes, historic streetcars, and a growing number of rideshare vehicles all contribute to a complex web of traffic hazards.
At the Gertler Law Firm, we’ve been representing accident victims for more than 50 years. Founded in 1975, our firm has fought for injured drivers, passengers, pedestrians, and families dealing with the devastating aftermath of auto and transportation accidents. Whether you were struck by a negligent driver, injured in a trucking crash, or harmed as a pedestrian or rideshare passenger, our attorneys have the experience and resources to fight for you.
Types of Transportation Accident Cases We Handle
Comprehensive Representation for All Crash Victims
Transportation accidents can happen in many forms, each with its own challenges, injuries, and legal considerations. Our attorneys handle the full spectrum of cases, including:
- Car Accidents: From distracted driving to reckless speeding or impaired drivers, car crashes remain one of the leading causes of injuries in New Orleans. We help clients pursue compensation for medical expenses, lost wages, and long-term rehabilitation.
- Truck Accidents: Collisions involving 18-wheelers and other commercial vehicles are often catastrophic. These cases involve federal motor carrier regulations, multiple liable parties, and high-stakes insurance disputes. We move quickly with preservation notices for electronic logs, maintenance records, and other time-sensitive evidence.
- Motorcycle Accidents: Motorcyclists face unique dangers on Louisiana roads. With little protection in a crash, riders often suffer severe injuries such as fractures, spinal trauma, or traumatic brain injuries. We fight to ensure their voices are heard.
- Pedestrian Accidents: Whether crossing Canal Street or walking through a quiet neighborhood, pedestrians remain among the most vulnerable road users. Our attorneys hold negligent drivers accountable when they fail to yield or drive responsibly.
- Uber & Lyft Accidents: Rideshare cases are complicated by multiple insurance carriers and tiered coverage (app off / app on/on trip). We untangle these layers and pursue the correct policy.
- Streetcar Accidents: Unique to New Orleans, streetcar collisions can injure riders, motorists, and pedestrians alike. We represent individuals harmed by operator negligence, equipment failures, or traffic conflicts involving the city’s historic lines. Claims involving a public transit agency can include additional notice and procedural requirements; acting quickly helps protect your rights.
Each of these case types requires a tailored strategy. At the Gertler Law Firm, we investigate accidents thoroughly, bring in qualified professionals where needed, and ensure that negligent parties are held accountable.
Insurance Coverages That Can Affect Your Recovery in Louisiana
- Uninsured/Underinsured Motorist (UM/UIM): May cover you if the at-fault driver has no insurance or too little, including many hit-and-run scenarios.
- Medical Payments (MedPay): Optional coverage that can pay initial medical bills regardless of fault.
- Property Damage & Diminished Value: Beyond repairs or total loss, you may claim the loss in market value after a serious collision.
- Rideshare Policies: Coverage is tiered depending on whether the app is off, the driver is waiting for a match, or actively on a trip. We identify the correct carrier and limits.
The Consequences of Serious Transportation Accidents
Medical, Financial, and Emotional Impact
The aftermath of a transportation accident can change the course of your life. Victims often face:
- Severe injuries such as traumatic brain injury, spinal cord damage, fractures, and internal injuries
- Mounting medical bills from hospital stays, surgeries, rehabilitation, and medications
- Lost wages from time off work or permanent disability
- Ongoing costs for future medical care, household services, and transportation to appointments
- Emotional toll, including pain and suffering, anxiety, and lasting trauma
Families also carry the burden when a loved one is killed in a crash. Wrongful death cases bring additional challenges, from funeral expenses to the loss of financial and emotional support. Our attorneys approach these cases with the compassion clients need and the litigation skill such claims demand.
Critical Evidence We Move Fast to Preserve
- EDR (“black box”) data, 911 audio, and nearby traffic or security video
- Phone records when distracted driving is suspected
- Trucking evidence electronic logs (ELD/HOS), dispatch data, driver qualification file, maintenance and inspection records, and post-crash testing
- Scene documentation measurements, vehicle inspections, skid marks, and weather data
Early action helps prevent key evidence from being lost or overwritten.
How Louisiana Law Applies to Auto & Transportation Cases
Understanding Liability and Insurance Rules
- Comparative Fault: Louisiana follows a pure comparative fault system, meaning your compensation may be reduced by your percentage of fault. Even if you were partly responsible, you may still recover damages.
- Insurance Requirements: Louisiana requires minimum liability coverage, but insurers often fight hard to deny or reduce claims. We know their tactics and how to counter them.
- Statute of Limitations (Prescription): In most personal injury cases, you have one year from the date of the accident to file a lawsuit. Missing this deadline can bar your right to compensation.
- No Pay, No Play: Louisiana law limits certain damage recovery for drivers who were uninsured at the time of the crash. There are narrow exceptions; we’ll advise how this affects your claim.
- Public Entity Considerations: Claims against a transit agency or other public entity can include extra notice and procedural steps. Prompt action is critical.
Our team ensures that every deadline is met and every detail is handled properly to protect your claim.
Wrongful Death & Survival Actions in Louisiana
A fatal crash can give rise to two claims: a wrongful death action for family members (loss of support, companionship, and related expenses) and a survival action on behalf of the estate for the decedent’s pre-death pain, suffering, and economic loss.
How Gertler Law Firm Helps Victims of Transportation Accidents
More than 50 Years of Legal Advocacy in Louisiana
Since 1975, we’ve taken on powerful opponents from major insurance companies to large trucking carriers and corporate defendants. Our approach includes:
- Thorough Investigation: Working with accident reconstruction specialists, medical professionals, and investigators to prove negligence.
- Skilled Negotiation: Standing up to insurance companies that pressure victims into low offers.
- Trial Ready Preparation: Preparing every case as if it will go before a jury, giving our clients maximum leverage.
- Notable Outcomes: Notable verdicts and confidential settlements have helped families rebuild after catastrophic crashes.
We are more than negotiators; we are litigators who bring strength and credibility to every case.
Why Choose the Gertler Law Firm
Local Insight, Courtroom Readiness, Clear Communication
- Rooted in New Orleans: Nearly five decades navigating local courts and insurers.
- Respected litigators: Trial-ready strategy on every matter strengthens your position at the negotiating table.
- Recognition: Our work has been honored by independent publications and peer-reviewed listings.
- Client first service: Regular updates, clear explanations, and a plan tailored to your goals.
Frequently Asked Questions About Auto & Transportation Accidents
Common Questions From Injury Victims
What should I do immediately after a car or truck accident in New Orleans?
Call emergency services, seek medical attention, and document the scene. Contacting an attorney early helps protect your rights.
Who pays my medical bills if I were hit by a negligent driver?
The at-fault driver’s insurance is typically responsible, but insurers often delay or deny claims. We pursue full compensation on your behalf.
Can I sue a rideshare company like Uber or Lyft?
Rideshare liability is complex. You may have a claim against the driver, the company, or both, depending on the circumstances and the applicable tier of insurance coverage.
What happens if I was partly at fault for the crash?
Under Louisiana’s comparative fault system, you can still recover compensation, but your award may be reduced based on your share of responsibility.
How long do I have to file a transportation accident lawsuit in Louisiana?
Generally, one year from the date of the accident. Exceptions are rare, so act quickly to protect your claim.
Do I need a lawyer if the insurance company offers me a settlement?
Yes. Early settlement offers are often far below the true value of your claim. A lawyer can evaluate the offer and negotiate for full compensation
Can I recover if the other driver fled the scene?
Possibly. UM coverage often applies to hit-and-run or “phantom vehicle” crashes. We act quickly to preserve video, 911 audio, and witness evidence.
Who fixes my car, and what about diminished value?
You may claim repairs or total loss, rental/towing, and in serious collisions, diminished value; the loss in market value even after quality repairs