New Orleans Rear-End Collision Lawyer

New Orleans Rear-End Collision Attorney

Read-end accidents can lead to whiplash, soft tissue injuries, and broken bones, even at lower speeds. In order to financially recover from accidents like these, you can file a claim with the at-fault driver. Unfortunately, it can be complicated to determine who was at fault in these cases. It’s helpful to work with a New Orleans rear-end collision lawyer to assess fault and fight for the compensation you deserve while allowing yourself to physically recover.

Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C.: Your New Orleans Rear-End Collision Attorney

Our experienced personal injury attorneys in New Orleans can help you financially recover after a rear-end collision. When you bring your case to our firm, our entire team is dedicated to investigating your collision and recovering the damages you are owed. For over 75 years, our firm has supported our community with our exceptional legal guidance.

At Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C., we believe in fighting for what is right by holding negligent drivers liable for the harm they cause. Our attorneys have significant experience in many types of complicated personal injury cases, including car accident claims.

Who Is Liable for a Rear-End Accident in New Orleans?

There were 1,210 rear-end vehicle accidents in New Orleans that led to suspected injury in 2024, and two were fatal. When you are in a rear-end accident, either party could be at fault, either partially or fully. To prove liability, you must prove:

1. The driver owed you a duty of care, which they breached because of negligence.
2. Their breach of care was one of the causes of the accident.
3. You were injured in the accident and suffered damages.

In many cases, the rear-end driver is assumed to be at fault, which may be the case. Drivers in Louisiana must keep a reasonable following distance. They can be liable if they fail to do this and it causes a collision. The rear driver may also be liable for being distracted, speeding, or performing other careless actions.

The front driver could also be liable for the crash. They may have reversed suddenly, brake-checked, or braked without reason. The driver may also have faulty brake lights. They may be liable if they knew about the malfunction and failed to have it fixed.

Every crash is different, which is why a thorough investigation by an experienced accident lawyer can help you resolve the case properly.

What Are Common Causes of Rear-End Accidents in New Orleans?

Rear-end collisions usually happen because a driver acts negligently, but there may be other causes, including:

• Driving distracted: There were 69 deaths in New Orleans due to car accidents in 2021, and distracted driving played a large role in some of these accidents. Rear drivers who look down at a phone may rear-end someone while not paying attention.
• Tailgating: In Louisiana in 2023, 30.1% of car accidents were related to alcohol. Driving under the influence can increase reckless behaviors like tailgating. This gives them less time to react to changes on the road, like congestion on I-10 or other sudden stops.
• Speeding: Driving too fast limits the time drivers have to react, making it harder to slow down quickly. This can lead to rear-end accidents at dangerously high speeds.
• Dangerous road conditions: Low visibility conditions or slippery roads can make it harder for drivers to stop in time, causing rear-end accidents. There may not be a liable driver in these cases, unless a driver failed to appropriately reduce their speed.
• Car component failure: A vehicle that suddenly malfunctions on the road or a driver whose brakes fail can cause a rear-end accident. In some cases, the manufacturer of the car or cart part is liable for creating an unreasonably dangerous product.

Even if you were partially negligent in a rear-end accident, you might still be able to recover a portion of your damages. Your attorney can help you navigate these unique cases and fight against unreasonable fault assessments.

FAQs About New Orleans, CA Rear-End Collision Law

Should I Get a Lawyer for a Rear-End Collision?

Yes, you should hire a rear-end collision lawyer after an accident. You are more likely to recover fair compensation and have a successful claim. Rear-end collisions are not as straightforward as they seem. A car accident attorney in New Orleans can investigate the accident and its cause, determining who was at fault and gathering evidence to file your claim. In the meantime, you can focus on recovering from your injuries.

What Is the Rear-End Law in Louisiana?

In Louisiana, the rear-end law states that vehicles must follow at a reasonable distance, considering the speed of the other vehicle and the condition of the road. This can be used in rear-end accidents to show that the rear driver was not following a reasonable distance, meaning they are liable for the crash. However, this is not always the case, as the front driver could be liable in certain circumstances.

How Long Do You Have to File a Legal Claim in Louisiana?

You have a limited period of time to file after a legal claim in Louisiana, and an even shorter window to file an insurance claim. Most civil claims have a set liberative prescriptive period under statute, and if you don’t file a claim by then, you will be barred from compensation. Insurance claims must usually be filed as soon as possible after a crash, and delaying makes it harder to get the compensation you are owed.

How Much Can You File a Claim for After a Rear-End Collision?

The amount you can file for after a rear-end collision will depend on how seriously you were injured, who was at fault, and whether you were partially at fault. It’s important to calculate your immediate and future losses, like medical expenses, lost wages, reduced earning capacity, property damage, and pain and suffering.

Your compensation might be limited, however, if you were partially to blame, or if your damages exceed the insurance coverage limits of the other party.

Hire a Rear-End Collision Lawyer Today

At Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C., we can help you with your rear-end collision cases in New Orleans. Contact our firm today.

New Orleans Commercial Vehicle Accident Law Resources:

• Tips for Avoiding Distracted Driving During Family Road Trips in Louisiana
• Why is My Car Accident Settlement Taking So Long in Louisiana
• Navigating Auto Collisions: Essential Steps and When to Seek a Personal Injury Lawyer in Louisiana
• Highway Car Accidents Are on the Rise: Tips for Driving Safely This Summer in Louisiana
• Car Accidents Involving Objects Falling from Vehicle: Who’s at Fault in Louisiana

Serving New Orleans and the Greater Louisiana Gulf Coast

When you’re facing complex litigation against powerful medical institutions, maritime corporations, or commercial entities in New Orleans or throughout the Louisiana Gulf Coast region, you need a law firm with the experience, resources, and courtroom prowess to level the playing field. Since 1949, Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C. has built an unshakable reputation for taking on the toughest cases and defeating well-funded opponents who thought they were untouchable.

Based in New Orleans with deep roots throughout Louisiana’s legal community, our firm brings over seven decades of trial experience to clients facing medical malpractice, maritime injury claims, products liability, toxic exposure cases, and complex commercial litigation. Our attorneys don’t just practice law—they shape it. With leadership positions in local, state, and federal bar associations, and three former partners who ascended to the federal, state, and appellate bench, we command respect in Louisiana courtrooms that translates directly into better outcomes for our clients.

Whether you’ve been injured by medical negligence at a New Orleans hospital, suffered a maritime accident in Louisiana’s crucial shipping industry, been harmed by defective products, or exposed to toxic substances through commercial operations, partnering with a New Orleans litigation firm that other attorneys trust with their own family’s cases—and that corporations and their insurers genuinely fear in the courtroom—can make the critical difference between inadequate settlement offers and the substantial compensation you deserve for your injuries and losses.