From the high speeds of I-10 and I-610 to congested intersections along Canal Street and neighborhood roads in Metairie and Kenner, car accidents remain one of the most common causes of injury across Orleans and Jefferson Parish. In 2023, Louisiana reported thousands of collisions involving distracted, impaired, or reckless drivers, many resulting in devastating injuries.
At the Gertler Law Firm, we represent drivers, passengers, and families throughout New Orleans and Southeast Louisiana who are facing the aftermath of a serious car crash. Our attorneys know how to navigate Louisiana’s filing deadlines, deal with aggressive insurance companies, and pursue the compensation victims need to move forward.
Common Causes of Car Accidents in New Orleans
Every crash has its own facts, but many share similar causes:
- Distracted Driving: Texting, using GPS, scrolling, and other distractions pull a driver’s eyes off the road for dangerous seconds.
- Drunk and Impaired Driving: Impairment remains a leading cause of deadly crashes across Orleans Parish.
- Speeding and Reckless Driving: High-speed crashes on I-10 or the Pontchartrain Expressway often result in catastrophic injuries.
- Failure to Yield and Traffic Violations: Running red lights near landmarks like Claiborne Ave
A Note on Louisiana’s New Hands Free Rule
As of August 1, 2025, it’s illegal to hold a phone while driving in Louisiana (limited hands-free exceptions apply). If a driver was using a device unlawfully, that can become important evidence of negligence in a civil case.
Injuries Resulting From Car Accidents
Car accidents in Louisiana can lead to both immediate trauma and long-term medical issues, including:
- Traumatic brain injuries
- Spinal cord damage and paralysis
- Fractures and orthopedic trauma
- Internal bleeding and organ damage
- Fatalities leading to wrongful death claims
Victims often require extended rehabilitation, ongoing medical care, and financial support, making it critical to secure full and fair compensation.
Damages You May Recover
Every case is different, but recoverable damages may include:
- Medical care (ER, surgery, hospitalization, rehab, therapy, medications)
- Future medical needs and life care planning
- Lost wages and diminished earning capacity
- Pain, suffering, and emotional distress
- Property damage (vehicle, personal items)
- Wrongful death losses (funeral expenses, loss of financial support, loss of companionship)
In rare cases, punitive damages may be available for egregious conduct (e.g., certain alcohol related crashes).
Louisiana Law and Car Accident Claims
- Filing Deadline (Prescription): For most injury claims arising on or after July 1, 2024, Louisiana provides a two-year deadline to file suit. Crashes before that date generally follow the former one-year period. Acting quickly preserves evidence and options.
- Comparative Fault (What if I’m partly at fault?): Right now, Louisiana allows recovery even if you share fault; your award is reduced by your percentage. Beginning January 1, 2026, a new rule will bar recovery at 51% fault or more. If your crash is recent, building a timely record matters.
- Insurance Minimums (15/30/25): Louisiana requires at least $15,000 bodily injury per person, $30,000 per accident, and $25,000 property damage. Serious injuries often exceed these limits; we identify and pursue all available coverage.
- “No Pay, No Play” (Uninsured Drivers): For crashes on/after August 1, 2025, uninsured motorists face $100,000 offsets on both bodily injury and property damage claims. Exceptions can apply (e.g., DUI by the at-fault driver).
- Seat Belt Evidence: Failure to wear a seat belt can be considered by the jury and may reduce damages. It does not automatically defeat your case.
- Direct Action Against Insurers: Since August 1, 2024, the ability to sue another driver’s insurer directly has been narrowed (with limited exceptions). Strategically, most cases proceed against the at-fault driver first and bring in the insurer when and how the law allows.
- Rideshare (Uber/Lyft) Coverage: When a ride is in progress, Louisiana law generally requires $1,000,000 in liability coverage. Coverage depends on the driver’s app status; we verify the correct layer of insurance (personal, TNC period 1/2/3, and any UM/UIM).
Laws change and can be nuanced. We’ll explain exactly how the rules apply to your facts during your free consultation.
How Gertler Law Firm Fights for Car Accident Victims
Our approach is built on nearly five decades of advocacy for Louisiana families. We:
- Investigate deeply using crash reports, scene photos, event data recorders (black boxes), and expert analysis
- Preserve evidence with spoliation letters to at-fault drivers, fleets, rideshare, and delivery companies
- Document your injuries through medical records, treating physician input, and life care planning where needed
- Negotiate hard with insurers and defense counsel
- Prepare as if for trial from day one to maximize your leverage
- Pursue verdicts and settlements that reflect the true cost of the injuries
Evidence We Commonly Secure
- Police crash report and 911 audio
- Body cam/dash cam and traffic cam footage
- Event Data Recorder (EDR) downloads
- Cell phone and telematics data (hands-free compliance, speed, braking)
- Employment and fleet safety records (for commercial/driving for work collisions)
- Expert reconstructions and human factors analyses
Types of Car Accident Cases We Handle
- Rear-end, head-on, T-bone, multi-vehicle pileups
- Intersection and red light violations
- Highway crashes (I-10, I-610, Pontchartrain Expy., Causeway approaches)
- Uninsured/underinsured motorist claims
- Hit and run crashes
- DUI/DWI and drug-impaired driving
- Rollover and roadway defect claims
- Commercial vehicle and delivery driver collisions (18 wheelers, FedEx/UPS, Amazon, DoorDash, Uber Eats)
- Rideshare (Uber/Lyft) passenger and third-party claims
- Rental car crashes
- Pedestrian, bicycle, and motorcycle injuries
- Catastrophic injury and wrongful death
What To Do After a Crash
- Call 911 and seek medical care even if injuries seem minor.
- Photograph vehicles, the scene, skid marks, road conditions, and visible injuries.
- Exchange info with all drivers and get witness contacts.
- Do not admit fault and avoid debating the cause roadside.
- Request the crash report and the item number from NOPD or State Police.
- Tell your insurer about the crash, but don’t give recorded statements to the other side before speaking with counsel.
- Consult an attorney early to preserve evidence (video can be overwritten quickly).
FAQs
Do I need a police report to file a claim?
It’s strongly recommended. We can help you request it and, when needed, track down supplemental reports, photos, and videos.
How long do car accident cases take?
Settlement timelines vary with medical treatment and insurer cooperation. Complex or high damage cases may take longer; early, thorough investigation helps.
What if I’m partially at fault?
You can typically still recover, reduced by your share of fault. (For crashes tried after Jan. 1, 2026, recovery is barred at 51% or more fault.)
What if the other driver was uninsured or fled the scene?
We pursue all available coverage, including your UM/UIM policy, and investigate additional responsible parties.
What if this involved Uber/Lyft or a delivery driver?
Coverage depends on app status and employer/contractor relationships. We promptly identify all applicable policies (often including $1M TNC coverage during an active ride).
Case Spotlight (Real Client Name Withheld)
A New Orleans medical student suffered multiple traumatic injuries when a commercial truck ran a red light and struck his car. After intensive surgery and months of rehab, he was unable to pursue his original surgical specialty. Our firm litigated aggressively and reached a significant settlement before the jury returned a verdict, providing resources for his continued medical career and long-term care. Every case is unique, but thorough investigation and trial-ready preparation make a real difference.
Why Choose Gertler Law Firm
- Serving New Orleans and surrounding parishes since 1975
- Recognized by Best Lawyers, U.S. News & World Report, Louisiana Super Lawyers, and The National Trial Lawyers Top 100
- Proven courtroom success in catastrophic auto accident cases
- Local insight into the roads, insurers, and courts where your case will unfold