Auto Accidents

Uninsured Motorist (UM) insurance permits its holder to recover in an automobile accident if the party who caused the collision is underinsured or uninsured. A plaintiff may receive UM benefits in several ways. If you are in an accident in your vehicle with an uninsured motorist, you may receive UM benefits from your own carrier. Also, if you are a passenger in another person’s vehicle who has UM insurance and his vehicle is involved an accident with an uninsured motorist, you may be able to collect UM insurance from the driver’s UM as well as your own UM policy.

If you do not know whether your insurance policy includes UM insurance, you should call your insurance provider and inquire about your policy coverage. You should also request a declaration page, which will show the policy’s exact coverage and exclusions. As of January 1, 2010, Louisiana raised the required amount of minimum liability insurance. Today, an individual must carry at least $15,000 in minimum liability and a total of $30,000 in liability coverage for multiple individuals involved in the same accident. An individual must also now carry $25,000 worth of coverage for damage to another individual’s vehicle. This change is a substantial increase from the prior $10,000 minimum. In sum, Louisiana law currently requires all individuals to carry at least a 15/30/25 automobile insurance policy.

For further questions, contact Broussard, David & Moroux at 888-337-2323(toll free) or 337-233-2323 (local).

During the last legislative session, Louisiana lawmakers upgraded the existing law prohibiting text messaging to “primary enforcement status.” This means that law enforcement can now stop and cite violators if the officers observe someone texting while driving. The current law is as follows: text messaging is banned for all drivers and drivers under 18 years old may not use any wireless devices while driving.

While it remains to be seen how this new law will be enforced and to what extent this enforcement will ultimately diminish the unsafe usage of cell phones while driving, it is clear after taking the short drive from my house to work that too many drivers are doing too much to take their attention off the road. One consequence of the legislature’s anti-texting bill may be its effect in helping prove another party’s negligence in a personal injury cases. Although Louisiana courts have rejected the concept that a violation of a statute necessarily renders a defendant liable to a plaintiff, if you suffer damages as a result of another party “texting” at the wheel, the new statute can still come into evidence and go towards persuading the jury that the defendant who injured you was negligent.

Articles Posted in Auto Accidents

Louisiana Car Crash with Uninsured Motorist? : Are you covered

Louisiana Ban on Texting While Driving