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Legal Steps to Take After a Head-On Collision in New Orleans

Head-on collisions are among the most devastating types of car accidents. These crashes often lead to life-altering injuries, steep medical expenses, emotional trauma, and in the worst cases, death. If you or a loved one has been involved in a head-on collision in New Orleans, the aftermath can be confusing, overwhelming, and deeply stressful.

At Breaux Law Firm, we understand how difficult the recovery process can be. That’s why we’ve created this guide: to help you understand your rights, outline the steps to take after a head-on crash, and explain how to pursue compensation under Louisiana law.

Why Head-On Collisions Are So Dangerous

Unlike rear-end or side-impact crashes, head-on collisions involve the full momentum of two vehicles crashing into each other from opposite directions. This force multiplies the impact, often resulting in severe injuries like:

  • Traumatic brain injuries (TBIs)
  • Spinal cord injuries and paralysis
  • Broken bones
  • Internal bleeding
  • Facial injuries and disfigurement
  • Fatalities

Even at moderate speeds, head-on crashes frequently cause catastrophic damage. Victims often face long hospital stays, rehabilitation, and permanent disability.

Common causes of head-on collisions in New Orleans include:

  • Distracted driving
  • Drunk or drug-impaired driving
  • Fatigue or falling asleep at the wheel
  • Crossing the centerline
  • Wrong-way driving
  • Speeding on narrow roads or curves

Immediate Steps to Take After a Head-On Collision

Your actions immediately after a crash can significantly impact your health, safety, and ability to recover damages.

1. Call 911 Immediately

Always contact emergency services. Police officers will create an official crash report, which is essential for your insurance claim and any future legal action.

2. Get Medical Attention

Even if you feel okay, get evaluated by a medical professional. Internal injuries or concussions may not present symptoms right away.

3. Gather Evidence at the Scene

If you’re physically able:

  • Take photos of the scene, vehicle damage, road signs, and skid marks
  • Record a video walkthrough of the scene
  • Get contact information from witnesses
  • Exchange details with the other driver (name, license, insurance)

4. Avoid Admitting Fault

Even saying “I’m sorry” can be twisted into an admission of guilt. Be polite but do not discuss fault at the scene.

5. Contact a Personal Injury Attorney

Head-on crashes often lead to complex insurance battles. A New Orleans car accident lawyer can protect your rights and help build a strong case for compensation.

Need legal help after a head-on collision? Call Breaux Law Firm 24/7 at (504) 914-7779 for a free consultation.

Understanding Louisiana Liability and Fault Laws

Louisiana follows a pure comparative fault rule under La. Civ. Code art. 2323. This means that even if you are partially at fault for the accident, you can still recover compensation. However, your damages will be reduced by your percentage of fault.

For example:

  • If you’re awarded $100,000 but found to be 20% at fault, you would receive $80,000.

Insurance companies will often try to shift blame to reduce their payout. That’s why early legal representation is crucial.

What Damages Can You Recover?

In a personal injury claim following a head-on collision, you may be entitled to compensation for:

  • Medical expenses: ER visits, surgeries, rehab, medication
  • Lost wages: Time missed from work, future earning potential
  • Pain and suffering: Emotional trauma, mental anguish
  • Property damage: Vehicle repairs or replacement
  • Permanent disability: For life-altering injuries
  • Wrongful death: If a loved one was killed in the crash

Documentation is key. Save all medical records, receipts, and correspondence related to the crash.

Filing a Claim After a Head-On Collision in Louisiana

Step 1: Notify Your Insurance Company

Report the accident as soon as possible. But do not agree to a recorded statement or accept a quick settlement before consulting an attorney.

Step 2: Gather All Evidence

Your lawyer will help collect police reports, medical documentation, witness statements, expert opinions, and more.

Step 3: Negotiate or Litigate

Most personal injury claims are settled out of court. However, Breaux Law Firm is prepared to take your case to trial if necessary to secure the compensation you deserve.

Statute of Limitations

Under Louisiana law, you typically have one year from the date of the accident to file a lawsuit (La. Civ. Code art. 3492).

Head-On Collision and Uninsured Drivers

If the at-fault driver has no insurance or not enough insurance, you may file a claim under your Uninsured/Underinsured Motorist (UM/UIM) coverage. Louisiana insurers are required to offer this coverage, though it can be declined in writing.

An attorney can help you navigate this process and maximize your recovery through your own policy.

Common Head-On Collision Scenarios in New Orleans

  • Wrong-Way Driving on I-10 or Claiborne Avenue: Often due to intoxication or confusion
  • Drifting Over the Center Line: On two-lane roads like Chef Menteur Highway
  • High-Speed Impact on Intersections: Especially where lights are ignored or blocked

In many cases, alcohol, speeding, or distracted driving is involved—which can be used to demonstrate negligence or even gross negligence in your case.

How Breaux Law Firm Can Help

At Breaux Law Firm, we specialize in serious accident cases, including head-on collisions. Our team:

  • Investigates accident scenes
  • Collects and preserves evidence
  • Works with accident reconstruction experts
  • Negotiates with insurance companies
  • Files lawsuits when necessary

With over 30 years of experience in Louisiana personal injury law, we know how to hold negligent drivers accountable.

Injured in a head-on collision? Call Breaux Law Firm now at (504) 914-7779 or  contact us online for your free case evaluation.

FAQ: Head-On Collisions in Louisiana

Q: What if the other driver died in the crash?

You can still pursue a claim against their estate or their insurance policy.

Q: Can I sue if a road defect contributed to the crash?

Yes. If poor road design, lack of signage, or construction issues contributed, a government entity may be liable. These cases have strict notice deadlines.

Q: Do I need an attorney for a head-on collision?

Yes. These are high-stakes cases involving serious injuries and complex liability. Legal representation improves your chances of full compensation.

Final Thoughts: Don’t Face It Alone

Head-on collisions can change lives in an instant. Medical bills, emotional trauma, and insurance disputes can feel overwhelming. But you don’t have to face it alone.

Breaux Law Firm is here to guide you, fight for your rights, and make sure you get every dollar you deserve.

We don’t charge a fee unless we win your case. Call us anytime at (504) 914-7779.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For personalized guidance, please contact a licensed attorney.

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Frequently Asked Questions

We don’t get paid until you do. The attorneys of Breaux Law Firm have what is called a “contingency fee arrangement” with each and every one of our clients. A contingency fee arrangement means that the attorney’s fee is taken out of the total amount of money recovered for the client, once the client’s case is settled. The attorneys at Breaux Law Firm are happy to meet with you FOR FREE to discuss your case, to answer any questions you may have, and to let you know if we think you have a good case.

The short answer is YES. If you’re the owner or the driver of the motor vehicle you were in at the time of the accident and neither you nor the vehicle you were driving has automobile insurance, then the adverse insurance company will get a credit for the first $15,000 in damages that they would have otherwise owed you, as described below. If you were a passenger in a vehicle where neither it nor its driver has insurance, you will still be able to recover, because you’re not the owner nor the operator of the uninsured vehicle. The attorneys at Breaux Law Firm stay informed on all laws involving insurance and the other legal areas we practice. We take the guesswork out of Louisiana state laws, and guide you through the process of recovering the compensation you deserve.

“There shall be no recovery for the first fifteen thousand dollars of bodily injury and no recovery for the first twenty-five thousand dollars of property damage based on any cause or right of action arising out of a motor vehicle accident, for such injury or damages occasioned by an owner or operator of a motor vehicle involved in such accident who fails to own or maintain compulsory motor vehicle liability security.
La. Stat. Ann. § 32:866

Breaux Law Firm is licensed to practice law throughout the state of Louisiana. However, Breaux Law Firm, in conjunction with other respected attorneys, has also represented clients from many other states, including Texas, Mississippi, Alabama, Florida, North Carolina, Illinois, California, and more.

Our office hours are Monday through Friday, 8:30 a.m. to 5:30 p.m., excluding holidays. Our office is located at 111 Veterans Memorial Blvd., Suite 1820, Metairie, LA 70005. You’ll find plenty of parking available in our visitor parking lot, along with a wheelchair-accessible ramp. Of course, you can always reach us through our 24-hour phone line at (504) 914-7779.

NO, YOU DO NOT. We don’t get paid until you do. The vast majority of the time, the conscientious attorneys at Breaux Law Firm will be able to let you know if your case is likely to succeed at the FREE initial consultation. If the case doesn’t work out, you owe us nothing and we will bear our own costs.

In Louisiana, you have ONE YEAR FROM THE DATE OF THE ACCIDENT to file a lawsuit to recover damages due to an accident; this concept is known as the statute of limitations or prescriptive period. Once your accident occurs, the clock starts ticking. The attorneys at Breaux Law Firm stay informed on all laws involving injury law, as well as the other legal areas we practice. We know that legal language can be confusing and hard to understand, as you can see below, so we work hard to make the process of filing a claim as easy and positive as possible.
“Delictual actions are subject to a liberative prescription of one year. This prescription commences to run from the day injury or damage is sustained.”
La. Civ. Code Ann. art. 3492

YES, the law office of Breaux Law Firm works with all types of medical providers and will assist you in obtaining the medical care that you need for your injuries.

There are several ways to take care of your property damage after an accident. The most common way is to make a claim against the liable insurance company which covered the at-fault party at the time of the accident. After making a claim against the liable insurance company, the liable insurance company is supposed to appraise the damage to your vehicle by sending an appraiser to inspect the vehicle wherever it’s located. Within a reasonable time, the liable insurance company is supposed to make a liability determination. If the insurance company accepts liability, they will put you in a rental car and arrange for your vehicle to be repaired. You’re entitled to a rental car, paid for by the liable insurance company, until your car is fixed and ready for you to pick up. The liability insurance company must adjust the property damage within thirty (30) days of their receiving a satisfactory proof of loss. The attorneys at Breaux Law Firm stay informed on all laws involving insurance and the other legal areas we practice, translating confusing legal jargon, as you see below, into clear guidance for our clients.
“All insurers shall make a written offer to settle any property damage claim, including a third-party claim, within thirty days after receipt of satisfactory proofs of loss of that claim.”
La. Stat. Ann. § 22:1892