Can I File an Injury Claim for a Rear-End Collision?

Rear-end collisions, or “fender benders,” are the most common kind of car accident. Nearly 1 in 3 car accidents are fender benders, and many of them are at low speed. However, according to 2019 statistics, more than a third of fender bender accidents in Louisiana resulted in injuries, and about 1 in 8 resulted in fatal injuries.

At more than 50,000 total rear-end collisions in Louisiana, that’s over 17,500 rear-end collision injuries and over 6,000 fatalities. In short, “fender benders” are far from harmless. The most common injury caused by rear-end crashes is whiplash, a soft-tissue neck injury caused by the sudden whipping of the neck back-and-forth. Even at low speeds, rear-end collisions can subject the neck to enough force to cause serious pain and mobility issues.

Filing a Fender Bender Claim in Louisiana

Like any car accident, rear-end collisions can subject victims to damages caused by medical costs, missed work time, and other losses. As a result, you can file an injury claim for a a rear-end collision in Louisiana. However, Louisiana law uses a standard of comparative negligence, which means you’re only entitled to a percentage of your damages relative to your percentage of fault.

In other words, if you’re 30% at fault for the accident, you’ll be able to recover a maximum of 70% of your damages.

Hiring an attorney for your claim can help maximize the amount you’ll receive. If your attorney can prove that you are only minimally at fault, then you’ll be entitled to a larger portion of your damages. Our job is ensuring that you get as much as you need to recover and move forward from your accident.

Want to know how to recover from a rear-end collision? Speak with Clayton, Frugé & Ward, the leading Louisiana car accident lawyers. Get a free consultation to learn your options today.