If you’ve been involved in a car accident in Baton Rouge, what you do next can greatly impact your case and potential compensation. Avoid these common – yet costly – mistakes:
- Apologizing or accepting fault
- Discussing the accident with other drivers or witnesses
- Describing your injuries to anyone other than medical professionals
- Giving recorded statements without legal representation
- Signing documents before an attorney reviews them
Each of these actions can be used against you in court and may significantly reduce the compensation you deserve.
Choose your words carefully at the accident scene. Even seemingly innocent phrases like “I’m sorry” or “I didn’t see you” can be interpreted as admissions of fault by insurance companies and defense attorneys. Louisiana law protects your right to consult an attorney before providing detailed statements.
Car accidents are stressful experiences, making it perfectly normal to feel overwhelmed immediately afterward. However, the words you use when speaking to the other driver, police officer, and witnesses could have serious legal ramifications. This guide explains what to avoid saying to safeguard your legal rights.
Don’t Apologize or Accept Responsibility
Never say these phrases after an accident:
- “I’m so sorry”
- “It was my fault”
- “I didn’t see you”
- “I wasn’t paying attention”
It’s human nature to say “I’m sorry” even when you did nothing wrong. However, these words will be used against you by defense attorneys in court.
For example, assume you’re driving with the right of way and a vehicle pulls out in front of you. If you say, “I’m so sorry. I didn’t see you until you pulled out in front of me,” defense attorneys will use these words against you. It’s better to tell the officer, “The vehicle pulled out in front of me while I had the right of way.” There is no need to apologize.
Under Louisiana Civil Code Article 2323, Louisiana follows a pure comparative fault system. Your compensation can be reduced by your percentage of fault. Admissions at the scene can significantly impact liability determinations and settlement negotiations.
Don’t Discuss the Accident with Other Drivers or Witnesses
Only discuss the accident details with the responding police officer. Anything you say can be used against you in court.
The police officer will examine property damage and compare it with witness statements. Do not discuss how the accident happened with witnesses. Witnesses have notoriously bad memories and may interpret what you say differently than you intended.
According to Louisiana Revised Statutes 32:398, drivers must report accidents resulting in injury, death, or property damage exceeding $500. Limit your statements to the required information.
Don’t Describe Your Injuries Immediately
Most car accident injuries don’t cause significant pain until 24-48 hours later. Adrenaline masks pain immediately after a crash.
Approximately 20% of car accident victims experience delayed symptoms rather than immediate pain. The body’s adrenaline and endorphin response blocks pain sensation through “stress-induced analgesia.” Up to 70% of whiplash injuries from rear-end collisions show symptoms 24-72 hours after the crash.
If you tell the police officer you are not injured, this will be recorded in the police report. Defense attorneys will make this point to the judge or jury during trial. If the police officer asks about injuries, tell them you will follow up with a physician after the accident.
Only describe injuries to medical professionals or emergency responders who need this information to treat you properly.
Give Recorded Statements Only With Legal Representation
After an accident, your insurance company will want a recorded statement from you. You have a contractual obligation to provide your insurance company with information during the claims process. However, hire a lawyer first.
Louisiana Revised Statute 13:3732 requires that anyone who takes a recorded statement from an injured person must provide a copy upon request within twenty days. Statements may be inadmissible if copies are refused.
Louisiana law does not require you to give recorded statements to the other driver’s insurance company. Insurance companies often attempt to obtain statements immediately after accidents, before victims consult attorneys, hoping victims will make statements that can be used against them later.
Your lawyer will be present when you give a recorded statement to your insurance company. The lawyer’s responsibility is to ensure the insurance company does not take advantage of you during the statement. Research from the Insurance Research Council shows that injury victims with legal representation receive settlements 3.5 times higher than those who handle claims alone.
Never give a recorded statement to the at-fault driver’s insurance company unless you are absolutely certain you have not sustained any personal injury.
Never Sign Documents Without Attorney Review
After a car accident, you may be required to sign various documents and paperwork. These documents could include settlement agreements and medical releases. Consult an attorney before signing any documents to verify your rights are protected.
For example, you could sign a settlement agreement with the other driver’s insurance company that inadvertently destroys your legal rights to receive additional compensation from your insurance company under your under-insured motorist policy. This could cost you $10,000 to over $1 million in compensation.
Understanding Louisiana’s Personal Injury Timeline
Louisiana extended its statute of limitations for personal injury claims from one year to two years, effective July 1, 2024. For accidents occurring on or after July 1, 2024, victims have two years from the date of injury to file a lawsuit under La. Civ. Code Art. 3493.1. For accidents before that date, the one-year statute applies.
Simple personal injury cases in Louisiana may resolve in 3 to 6 months. More complex injuries or disputed liability cases typically take 6 to 18 months. Cases requiring litigation may extend to 2-3 years to reach trial. While waiting can be frustrating, taking time allows for thorough investigations and a full understanding of long-term injury effects.
Baton Rouge Car Accident Statistics
Understanding local accident patterns can help you stay safe:
- East Baton Rouge Parish had 4,955 suspected injury crashes in 2024, the highest number in Louisiana
- Baton Rouge reported 40 fatal crashes in 2023, down from 49 in 2022
- Louisiana ranks third in the nation for distracted driving rates
- Nearly one-third of all crash deaths result from speeding
- 57% of all traffic accidents in Louisiana involve a single vehicle
Frequently Asked Questions
Should I say I’m sorry after a car accident?
No. Even if you’re being polite, saying “I’m sorry” can be interpreted as an admission of fault. Louisiana courts may use these statements against you in personal injury claims.
When should I describe my injuries after an accident?
Only describe injuries to medical professionals or emergency responders. Most accident injuries don’t cause significant pain until 24-48 hours later. If police ask about injuries, state that you’ll follow up with a physician.
Can I refuse to give a recorded statement to insurance companies?
You must provide a statement to your own insurance company under your policy terms. However, consult an attorney first. You can refuse recorded statements from the other driver’s insurance company without penalty.
How long do I have to file a personal injury claim in Louisiana?
You have two years from the accident date to file a lawsuit for accidents occurring on or after July 1, 2024. For accidents before that date, you have one year. However, evidence preservation becomes more difficult with time, so contact an attorney promptly.
Protect Your Legal Rights
Choose your words carefully following a car accident and avoid making statements that could be used against you in court. By following this guidance, you can protect yourself and your legal rights after an auto accident.
At Melancon, Rimes & Daquanno, our experienced partners directly manage every case from start to finish. We’ve only lost one trial in 20 years and have secured millions in settlements and verdicts for our clients. Unlike other attorneys in Baton Rouge, you’ll work directly with an experienced partner-level attorney, not a junior associate.
Contact Melancon, Rimes & Daquanno at (225) 303-0455 for a free consultation. Our experienced Baton Rouge personal injury attorneys will ensure your statements work for you, not against you, with no upfront costs and no fee unless we win your case. Visit us at 6700 Jefferson Hwy (Building 6), Baton Rouge, LA 70806, or schedule your free consultation online.