New Orleans
Louisiana law actually starts these cases in your favor: the driver who hits you from behind is presumed at fault.
That presumption isn’t automatic money in the bank, though, and insurers know exactly how to try to rebut it.
The Voorhies Law Firm makes sure that presumption sticks.
A rear-end accident claim arises when a trailing vehicle strikes the vehicle in front of it.
These crashes commonly cause:
Rear-end crashes are often dismissed by insurers as minor “fender benders”, even when the resulting injuries are anything but minor.
Prompt medical evaluation matters both for your health and for documenting the connection between the crash and your symptoms.
Louisiana law gives rear-end accident victims a real head start, but it’s a presumption, not a guarantee.
Louisiana law requires drivers to maintain a following distance that’s reasonable and prudent given speed, traffic, and road conditions.
Because of this, courts presume the trailing driver in a rear-end collision is at fault, on the theory that a reasonable, attentive driver following at a safe distance shouldn’t have hit the car in front of them.
The trailing driver can overcome this presumption by showing they had their vehicle under control, were following at a safe distance, and closely observed the lead vehicle, or by invoking the “sudden emergency doctrine”, proving the lead driver negligently created a hazard that couldn’t reasonably have been avoided, such as slamming on the brakes without cause, reversing unexpectedly, or driving with non-functioning brake lights.
Fault-sharing follows the same statewide framework here: a two-year deadline to file under article 3493.1 for crashes on or after July 1, 2024, and, for crashes on or after January 1, 2026, a 51% bar to recovery under article 2323.
STEP 1
Free consultation.
Tell us what happened. We’ll give you an honest, no-cost read on your case.
STEP 2
Presumption protection.
We move quickly to lock down evidence, dashcam footage, brake light condition, witness accounts, before the other driver has a chance to build a rebuttal narrative.
STEP 3
Medical documentation.
We make sure any delayed-onset symptoms, common in whiplash and soft tissue injuries, are properly connected to the crash.
STEP 4
Damage calculation.
We total up medical costs, lost wages, pain and suffering, and how the injury has affected your life.
STEP 5
Demand and negotiation.
We push back on any attempt to relabel your injury as minor.
STEP 6
Filing suit, if needed.
When a fair number isn’t on the table, we move to file before your deadline.
STEP 7
Resolution.
Your claim is resolved, either through a negotiated settlement or a verdict.
We handle rear-end accident claims involving:
Behind every rear-end case is someone who is told their injury “shouldn’t be that bad” by an adjuster who never actually looked at their medical records, or details of the accident.
We make sure that record speaks for itself, and that those details matter.
The Voorhies Law Firm has recovered over $100 million for our clients across the full range of cases we handle.
Results may vary, and every rear-end case depends on its own facts, including whether the presumption of fault is disputed.
Insurers challenge the rear-end presumption more often than people expect, usually by claiming that the front driver caused a sudden hazard.
Richard P. Voorhies III and the team at The Voorhies Law Firm know how to keep that presumption intact.
We’re recognized by Super Lawyers and other legal organizations, but what matters here is direct access to your attorney, not a call center, and nothing owed upfront.
We handle rear-end accident cases on contingency, so you can focus on what matters most to you.
Not automatically, but Louisiana law presumes the trailing driver at fault in a rear-end collision. That presumption can be challenged, so it’s still worth documenting the crash thoroughly rather than assuming it’s an open-and-shut case.
It could, if they can prove it under the ‘sudden emergency doctrine.’ Whether your stop was reasonable given the circumstances is exactly the kind of factual dispute an attorney can help sort through with evidence.
It’s common, especially with whiplash and soft tissue injuries, and doesn’t mean your claim isn’t valid. It does make prompt medical follow-up and documentation important, especially given Louisiana’s current requirement to affirmatively prove your injuries were caused by the crash.
In most cases, two years from the crash date for incidents on or after July 1, 2024, under Civil Code article 3493.1.
Nothing. Your consultation is free, and we only get paid if we recover compensation for you.
