When it comes to a public road accident, the state has no liability to anyone involved in the accident. However, private property is a different story.
If you get into a car accident on private property, then the property owner might be held liable for some portion of the accident – even if they weren’t involved in the accident themselves.
If you were involved in a car accident on private property, such as the parking lot of a private business, then consult with Kiefer & Kiefer Louisiana car accident lawyers.
This article covers all the steps you need to take after your accident, including the legal process that paves your way to justice.
Steps to take after a Louisiana car accident
First thing’s first: what do you do after the car accident in Southern Louisiana? Of course, immediately following the accident, you must make sure everyone is okay. Hopefully no one needs immediate medical attention, and you will be able to proceed retrieving all the necessary information.
After making sure everyone is okay, you should follow these steps:
1. Report the accident to the Louisiana police
Call law enforcement who will create a police report, which can be used if you need to file a lawsuit.
2. Exchange contact information with all parties, including the property owner
You will need to exchange contact and insurance information with all parties involved in the car accident. You also need the contact information of the property owner.
3. Document information and photos after the accident
Take photos not only of the cars involved in the accident, but also any defects on the property that might have contributed to the accident. These can be used as evidence of the property owner’s liability.
4. Contact the local Louisiana police
The police will also help document details of the accident, and they will file a report that can be used in lawsuits if you need to take that route.
5. Contact your insurance provider
Get in touch with your insurance provider as soon as possible. Your claim might be affected if you wait too long to report your accident and any potential injuries.
6. Seek non-emergency medical attention
If you didn’t need immediate medical attention but still sustained some injuries, then medical reports can be used as evidence in a lawsuit as well.
7. Contact a New Orleans, LA car accident lawyer
You will need an experienced and respected lawyer to help you gather evidence, determine how much compensation you deserve, identify parties at fault, and fight to recover your damages.
When can a property owner be held liable for a car accident?
In the state of Louisiana, property owners owe a “duty of care” to anyone who legally enters their property. This includes areas where cars drive, such as parking lots.
Your accident could have been caused by a defective condition in an area, such as missing traffic signs.
If you are able to prove that a property acted negligently in maintaining their property, then they can be held liable for paying monetary damages for your car accident.
To prove a property owner was negligent, then you need to prove a few things, including:
- The defendant owned the premises.
- There was a defective condition on the premises.
- The defendant knew or should have known about the defective condition.
- You suffered damages as a result of the defective condition.
What should I know about car accidents on private property in New Orleans, LA?
There are some other differences to note about car accidents on private property. Certain traffic laws might not apply on private property, so there are fewer citations that can be issued due to this.
Police also use different reports in crashes on private property. They are less detailed than the typical report, so that can come into play when you file a lawsuit.
Contact Kiefer & Kiefer Louisiana car accident attorneys today
There are some other differences to note about car accidents on private property. Certain traffic laws might not apply on private property, so there are fewer citations that can be issued due to this.
Police also use different reports in crashes on private property. They are less detailed than the typical report, so that can come into play when you file a lawsuit.
