Lafayette Car Accident Lawyer

Lafayette Car Accident Attorney

That said, our civil laws as it relates to civil damages exist, if not for anything else, to make right the wrongs of our past. If you or a loved one were injured due to someone else’s fault, then the law affords you the right to legal counsel.

While there are many attorneys that may be more lenient in their acceptance of personal injury cases, please note that Lafayette Car Accident Lawyer Joshua S. Guillory will only accept cases that he believes are legitimate and warranted under our laws. He welcomes anyone injured to arrange a consultation to discuss the possibilities of pursuing legal action. If the case is found to be non-frivolous, Attorney Joshua S. Guillory will vehemently and aggressively pursue the protection of your rights under our laws.

Louisiana Car Accident Statistics

Over the last five years, Louisiana’s roads have told a story of a “spike and recovery.” After hitting a dangerous peak in 2021, which was the deadliest year for drivers in recent history, the state has seen a gradual improvement. While the total number of crashes remains high (fluctuating between 138,000 and 150,000 annually), the number of fatalities has successfully dropped by over 7% from 2023 to 2024.

The most frequent type of car accident in Louisiana is the Rear-End Collision. These typically happen on congested commuter routes like I-10 or busy commercial streets (like Johnston St. in Lafayette) and are heavily linked to distracted driving. When drivers look down at their phones in stop-and-go traffic, they fail to stop in time.

The second most common are Angle Collisions (often called “T-bones”), which occur at intersections when drivers try to beat a red light or fail to yield the right of way.

The most frequent type of car accident in Louisiana is the Rear-End Collision. These typically happen on congested commuter routes like I-10 or busy commercial streets (like Johnston St. in Lafayette) and are heavily linked to distracted driving. When drivers look down at their phones in stop-and-go traffic, they fail to stop in time.

The second most common are Angle Collisions (often called “T-bones”), which occur at intersections when drivers try to beat a red light or fail to yield the right of way.

Louisiana Auto Accidents and Fatalities

We all enjoy the unique culture that Louisiana offers. Our highways bob and weave through some of the most beautiful scenery in the country. With structures such as the Atchafalaya Basin Bridge, the I-10 Bridge in Lake Charles and Baton Rouge, and other state roads and highways, Louisianans are highly mobile. Some of the state’s busiest highways include I-10, I-49, I-12, I-20, US 167, US 182, US 92, and other roads and highways that bring travelers to cities such as Lafayette, Lake Charles, Baton Rouge, New Orleans, Shreveport, Crowley, and others.

With this amount of traffic, it is no surprise that our roads in Louisiana can sadly lead to auto accidents and fatalities. In the first half of 2023, there was a total of 375 traffic fatalities in Louisiana according to the National Highway Traffic Safety Administration (NHTSA)’s Traffic Safety Performance Measures for Louisiana.

In addition to hundreds of fatal accidents, people are injured annually in the thousands of non-fatal auto accidents each year in Louisiana. Awareness as to safety on our highways has become more prevalent over the years, and even one fatality on our Louisiana roads and highways is one too many.

Why Work With Our Lafayette Car Accident Lawyers?

Travelers on our roads and highways, whether residents or visitors, that suffer injuries or death are best served by an experienced Louisiana Auto Accidents Attorney. Even with modern safety equipment such as anti-lock brakes, seat belts, air bags, and other safety equipment on board, drivers and passengers are exposed to dangers created by the multitude of hazards that exist on roads today. There are many factors that contribute to auto accidents, including weather, distracted driving, speeding, DUI/alcohol, drug use, and many other unforeseen hazardous conditions.

A Louisiana Auto Accident Attorney is familiar with local court rules, Louisiana judicial systems, and state regulations that apply to auto accidents and liability issues. A lawyer experienced in auto accident cases can utilize formal and informal discovery processes to maximize efforts in obtaining evidence available for your case. Depending on your individual case, you may have other legal options available to you. Having a Lafayette Car Accident Lawyer lead you throughout the legal process is very important. Just as you would turn to medical professionals for medical injuries arising from an automobile accident, you should turn to an auto accident attorney to help guide you for any legal issues in this situation. Both medical and legal concerns are serious, and each warrant serious attention.

If you have questions related to an auto accident, contact our office today at (337) 233-1303 or click here to arrange a consultation.

Recoverable Damages in a Lafayette Car Accident Case

Louisiana auto accidents are regulated by state law. Generally, we have a one-year prescriptive period (statute of limitation) for most automobile-injury cases. There are exceptions to this general rule. If you delay filing your petition until after the time limits, you will be unable to pursue compensation claims for your auto accident. Time can often move very quickly following an auto accident. Do not delay in contacting a personal injury attorney if you were injured in an automobile accident.

In Lafayette, victims can recover two main types of damages under Louisiana Civil Code Article 2315. However, recent legislative changes have drastically altered the rules for uninsured drivers.

• Special Damages (Economic): Reimbursement for out-of-pocket costs, including past and future medical bills, lost wages, and vehicle repairs (including sales tax).   

• General Damages (Non-Economic): Compensation for intangible losses like physical pain, mental anguish, and loss of enjoyment of life.   

• CRITICAL “No Pay, No Play” Update: Effective August 1, 2025, if you are driving without insurance, you are barred from recovering the first $100,000 of bodily injury and the first $100,000 of property damage, even if the other driver was 100% at fault.

Victims in auto accidents can endure physical, mental and emotional injuries along with incurring damage to property. The causes for these accidents vary greatly, but some reasons auto accidents happen include distracted driving, inexperience, speeding, use of controlled substances, unforeseen road hazards, and drunk driving. A combination of factors can easily turn into a few seconds of inattention that results in a car crash. The damage is amplified when drivers run stop signs, make unexpected or sudden turns, pass illegally or act in any other manner that places the safety of other travelers in jeopardy.

What Should I Do After a Car Accident in Lafayette?

1. Call 911 Immediately: For crashes within city limits, the Lafayette Police Department (LPD) responds; outside city limits, it is the Lafayette Parish Sheriff’s Office (LPSO).   

2. Preserve Evidence: Take photos of vehicle positions before moving them if safe. This is critical for proving fault at intersections like Johnston or Ambassador.

3. Seek Medical Attention: Visit a local ER (Ochsner Lafayette General or Our Lady of Lourdes) immediately. Adrenaline often masks serious spinal injuries.

4. Get the Crash Report: Reports are typically available 15 days after the accident. The standard fee for an LPD crash report is $7.50.   

5. Watch the Deadline: The statute of limitations for filing a lawsuit in Louisiana is now two years for accidents occurring on or after July 1, 2024.

The first obligation is to see if anyone is injured or needs immediate medical attention. Nowadays, most people have access to a cell phone. Calling first responders is easy to do, and medical attention to those who are in need should be the top priority following an automobile accident. Do not leave the scene of the accident. Doing so could bring criminal charges against you. Make sure to report the accident to authorities and wait for law enforcement and, if applicable, first responders to arrive.

Remember, you have a right to legal counsel. The insurance company will have attorneys that they can consult with to get their legal questions answered and to fight for their legal well-being. You should be equally equipped to make sure you are being treated fairly and within the confines of the law. Most personal injury attorneys will provide a free consultation to discuss legal issues associated with automobile accident-related injuries. Contact a Lafayette Car Accident Lawyer following an automobile accident in order to make sure your legal questions are answered.

Types of Car Accident Claims We Handle

• Rear-End Collisions: Common on congested arteries like Ambassador Caffery.

• Intersection Accidents: Frequent red-light disputes at major intersections.

• Uninsured Motorist (UM): Vital claims for clients hit by uninsured drivers.

• DWI Accidents: Seeking punitive damages against intoxicated drivers.   

• Commercial Trucking: Accidents involving 18-wheelers on the I-10/I-49 corridor.

Common Causes of Car Accidents in Lafayette

• Distracted Driving: A leading cause of rear-end crashes, particularly on retail corridors.

• Failure to Yield: A frequent issue at the growing number of roundabouts in the parish.

• Aggressive Driving: Speeding and erratic lane changes on Interstate 10.   

Most Dangerous Roads and Intersections in Lafayette

Data indicates these specific locations have the highest frequency of collisions:

• Ambassador Caffery Pkwy at Johnston St: High congestion and retail traffic lead to frequent rear-end crashes.

• West Congress St at Bertrand Dr: Heavy traffic near the university contributes to collision risks.

• I-10 / I-49 Interchange: Complex merging lanes at high speeds create a hotspot for severe accidents.

• Kaliste Saloom Rd at Liberty Ave: A dangerous intersection combining commercial and residential traffic.

Personal Injury Compensation – Auto Accidents

Your Louisiana Auto Accidents Attorney can discuss with you their opinion as to whether you may be allowed to pursue Personal Injury Compensation for Auto Accidents. Claims arising from car accidents usually fall under the civil legal wrongdoing of “negligence.” Negligence can be defined as the failure of one person or entity to exercise appropriate care. If someone’s negligence has harmed you, then you may have grounds for a Louisiana personal injury lawsuit.

In Louisiana, courts will generally employ a “duty-risk” analysis in assessing negligence. Under a duty-risk analysis, courts will analyze several factors. These factors typically include causation, duty, scope of duty, breach of duty, and damages. Your personal injury attorney can discuss negligence in more detail with you, and you should have an opportunity to discuss with him or her any questions that you have following your automobile accident.

Can I Recover Compensation If I’m Being Blamed?

Yes, but the law is changing.

• The “51% Rule” (Effective Jan 1, 2026): Louisiana is shifting to a “Modified Comparative Fault” system. For accidents occurring on or after January 1, 2026, if you are found to be 51% or more at fault, you cannot recover any damages.

• Current Rule: For accidents occurring before 2026, your compensation is simply reduced by your percentage of fault (e.g., if you are 90% at fault, you can still recover 10% of your damages).

FAQs About Lafayette, LA Car Accident Laws

Why Should I Hire a Car Accident Lawyer?

Hiring a lawyer levels the playing field against insurance companies that prioritize profits over your recovery. Louisiana’s laws are complex; for example, the new “Modified Comparative Fault” rule means if you are found 51% at fault, you could recover nothing. An experienced car accident attorney protects you from being unfairly blamed, gathers critical evidence (like traffic camera footage), and accurately calculates your damages to ensure you don’t settle for less than you deserve.

How Long Do I Have to File a Lawsuit After a Car Accident in Louisiana?

Due to a major law change in 2024, you now generally have two years from the date of the accident to file a lawsuit for injuries or property damage. This is called “liberative prescription.” While this is double the old one-year limit, you should not wait; evidence disappears quickly, and if you miss this 24-month deadline, you lose your right to sue forever.

How Much Does It Cost To Hire a Car Accident Lawyer?

Most reputable car accident lawyers in Lafayette work on a contingency fee basis, meaning you pay $0 upfront. Your lawyer only gets paid if they win your case or negotiate a settlement for you. Their fee is a percentage of the money recovered (typically 33% to 40%). This system, protected by Louisiana law, ensures that anyone can afford top-tier legal representation regardless of their financial situation.

Will My Car Accident Claim Go to Court in Louisiana?

Likely not. The vast majority of claims are settled with the insurance company before a trial is necessary. However, litigation may be required if they refuse a fair offer. In Louisiana, if your case goes to court and is valued at $10,000 or less, it is decided by a judge. If your claim exceeds $10,000, you or the defendant can request a jury trial.

Contact Our Experienced Lafayette Car Accident Lawyer Today

If you or a loved one were injured in an automobile accident in Lafayette, LA, please feel free to contact our office today at (337) 233-1303 or click here to arrange a consultation. It’s your life…Call someone you can count on. Our firm offers free consultations for personal injury cases.

In addition to handling personal injury and automobile accident cases, Attorney Joshua S. Guillory is prepared to help individuals with a wide range of legal matters, such as family law matters, criminal defense, estate planning to include wills and trusts, and business law. Do not hesitate to contact The Law Office of Joshua S. Guillory, LLC at (337) 233-1303 or click here to send a message to our firm.