How Often Are Drivers Sued for Car Accidents in the US?

Donald D'Aunoy • October 2, 2024

Car accidents are a common occurrence across the United States, and with millions of collisions each year, it’s not surprising that many end up in legal disputes. When a driver is at fault, they may face lawsuits filed by other drivers, passengers, or even pedestrians seeking compensation for damages or injuries. But just how often does this happen? Let’s delve into the factors that influence these lawsuits and understand the frequency and context in which drivers are sued.


The Frequency of Car Accident Lawsuits

Although exact statistics on lawsuits are challenging to pinpoint, research indicates that around 3 to 5 percent of car accidents result in a lawsuit. This means that out of the estimated 6 million car accidents in the U.S. each year, a small percentage lead to legal action. Most claims are settled through insurance, as the majority of states require drivers to carry liability insurance, which covers property damage and medical expenses. However, if a driver lacks adequate coverage or the insurance company refuses to offer a fair settlement, litigation may become the next step.


Factors Influencing Car Accident Lawsuits

Several factors influence whether a car accident ends up in court. One of the primary reasons is the severity of the injuries. If the collision results in serious injuries or fatalities, the likelihood of a lawsuit increases significantly. In addition, disputes over fault can complicate matters. When both parties are partially to blame, negotiations often break down, leading to a lawsuit to determine liability and compensation.


Another critical factor is the state’s legal framework. For instance, in no-fault states, drivers must rely on their own insurance for compensation unless the injuries meet a certain severity threshold. In these states, lawsuits are less frequent unless severe injuries occur. On the other hand, in states with an “at-fault” system like Louisiana, where drivers are more prone to suing to recover their losses, a car accident attorney in New Orleans can be essential in navigating these complex legal battles.


Common Reasons for Suing Drivers

When drivers are sued for car accidents, it is typically because the injured party believes they were negligent or reckless in their driving. Common reasons include driving under the influence, distracted driving (e.g., texting while driving), speeding, or violating traffic laws. These behaviors demonstrate a disregard for the safety of others, making it easier for plaintiffs to prove negligence in court.


In addition to suing for personal injuries, victims may seek compensation for property damage, lost wages, pain and suffering, and sometimes even punitive damages if the behavior was particularly egregious. In such cases, having a skilled car accident attorney in New Orleans can make a significant difference in achieving a favorable outcome for the injured party.


The Role of Insurance in Car Accident Lawsuits

Insurance plays a pivotal role in determining whether a car accident leads to a lawsuit. Most minor accidents are resolved through insurance claims without the need for legal action. However, issues arise when the at-fault driver is underinsured, uninsured, or when insurance companies deny or undervalue claims. This can force the injured party to pursue a lawsuit to receive adequate compensation.


Additionally, some drivers may choose to sue when the insurance settlement does not cover the full extent of their damages. For instance, medical bills can quickly exceed policy limits, leaving the injured party struggling to cover costs. In these situations, pursuing a lawsuit becomes necessary to hold the driver personally liable for the excess amount.


Seeking Legal Guidance After a Car Accident

While not every car accident leads to a lawsuit, understanding your rights and options is crucial if you find yourself in such a situation. If you or a loved one has been involved in an accident and are unsure about your next steps, consult with a professional car accident attorney in New Orleans to explore your legal options. An experienced attorney can help you navigate the complexities of personal injury law, ensuring that you receive the compensation you deserve.


If you’ve been injured in a car accident and need legal advice, don’t wait. Contact Lawyer Don, your dedicated car accident attorney in New Orleans, for a risk-free consultation and find out how you can protect your rights. Remember, timely legal action can make a significant difference in the outcome of your case.

How Dangerous Texting While Driving Really Is

By Donald D'Aunoy • May 12, 2025
In today’s fast-paced world, the urge to stay connected at all times can lead to dangerous consequences, especially when it comes to texting while driving . This act, seemingly harmless for those who believe they can multitask , has proven to be a significant cause of accidents on the road . As a personal injury lawyer in New Orleans , I have seen firsthand the devastating impact that a moment’s distraction can have on lives and families. This blog post aims to shed light on the real dangers of texting while driving and why it’s a risk not worth taking . The Reality of Distracted Driving Texting while driving is a form of distracted driving that has garnered national attention due to its high potential for causing accidents. When drivers take their eyes off the road to send a text, they are not just diverting their visual attention but also their manual and cognitive focus away from driving. This triple threat significantly increases the likelihood of an accident. Studies have shown that texting while driving can delay a driver’s reaction time as much as alcohol consumption. The reality is stark: drivers who text are 23 times more likely to be involved in a crash than those who don’t. The Legal Implications in Louisiana In Louisiana, the law is clear: texting while driving is illegal. This legislation reflects a growing awareness of the dangers associated with mobile phone use behind the wheel. As a personal injury lawyer in New Orleans, I have navigated the complexities of Louisiana’s distracted driving laws to advocate for victims of such negligence. The legal system in our state recognizes the severe risks posed by texting and driving, imposing penalties on those who disregard this law. However, beyond the legal consequences, the real cost of texting while driving can be measured in human lives — the injuries and fatalities that could have been avoided. The Role of a Personal Injury Lawyer When accidents caused by texting while driving occur, the victims often face a long road to recovery. Physical injuries, emotional trauma, and financial burdens are common aftermaths. As a personal injury lawyer in New Orleans, my role is to ensure that victims receive the justice and compensation they deserve. Through meticulous investigation and leveraging Louisiana’s distracted driving laws, I work to hold negligent drivers accountable for their actions. My commitment to my clients goes beyond legal representation; it’s about restoring their peace of mind and helping them rebuild their lives. Conclusion The dangers of texting while driving are clear, and the consequences are too severe to ignore. It’s a societal issue that requires collective action — from stricter enforcement of distracted driving laws to individuals committing to never text and drive. As a community, we must prioritize safety over convenience to prevent needless accidents and loss of life. If you or a loved one has been affected by a distracted driving accident, know that you are not alone. As a personal injury lawyer in New Orleans, I am here to offer the legal support and guidance needed to navigate the aftermath of such incidents. In conclusion, texting while driving is a dangerous practice that puts everyone on the road at risk. The momentary satisfaction of sending a text is never worth the potential for causing harm. Let’s commit to keeping our roads safe by keeping our phones down and our focus on the road ahead. If you find yourself in need of assistance or legal advice following a distracted driving accident , do not hesitate to reach out to a personal injury lawyer in New Orleans who can help protect your rights and interests.

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Festivals in New Orleans are a time of celebration, music, food, and community. From Mardi Gras to French Quarter Fest, the streets come alive with excitement. However, with all the joy and chaos, the risk of car accidents significantly increases. Crowded streets, distracted drivers, and an influx of tourists unfamiliar with local roads can quickly […]

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How Dangerous Texting While Driving Really Is

By Donald D'Aunoy • May 12, 2025
In today’s fast-paced world, the urge to stay connected at all times can lead to dangerous consequences, especially when it comes to texting while driving . This act, seemingly harmless for those who believe they can multitask , has proven to be a significant cause of accidents on the road . As a personal injury lawyer in New Orleans , I have seen firsthand the devastating impact that a moment’s distraction can have on lives and families. This blog post aims to shed light on the real dangers of texting while driving and why it’s a risk not worth taking . The Reality of Distracted Driving Texting while driving is a form of distracted driving that has garnered national attention due to its high potential for causing accidents. When drivers take their eyes off the road to send a text, they are not just diverting their visual attention but also their manual and cognitive focus away from driving. This triple threat significantly increases the likelihood of an accident. Studies have shown that texting while driving can delay a driver’s reaction time as much as alcohol consumption. The reality is stark: drivers who text are 23 times more likely to be involved in a crash than those who don’t. The Legal Implications in Louisiana In Louisiana, the law is clear: texting while driving is illegal. This legislation reflects a growing awareness of the dangers associated with mobile phone use behind the wheel. As a personal injury lawyer in New Orleans, I have navigated the complexities of Louisiana’s distracted driving laws to advocate for victims of such negligence. The legal system in our state recognizes the severe risks posed by texting and driving, imposing penalties on those who disregard this law. However, beyond the legal consequences, the real cost of texting while driving can be measured in human lives — the injuries and fatalities that could have been avoided. The Role of a Personal Injury Lawyer When accidents caused by texting while driving occur, the victims often face a long road to recovery. Physical injuries, emotional trauma, and financial burdens are common aftermaths. As a personal injury lawyer in New Orleans, my role is to ensure that victims receive the justice and compensation they deserve. Through meticulous investigation and leveraging Louisiana’s distracted driving laws, I work to hold negligent drivers accountable for their actions. My commitment to my clients goes beyond legal representation; it’s about restoring their peace of mind and helping them rebuild their lives. Conclusion The dangers of texting while driving are clear, and the consequences are too severe to ignore. It’s a societal issue that requires collective action — from stricter enforcement of distracted driving laws to individuals committing to never text and drive. As a community, we must prioritize safety over convenience to prevent needless accidents and loss of life. If you or a loved one has been affected by a distracted driving accident, know that you are not alone. As a personal injury lawyer in New Orleans, I am here to offer the legal support and guidance needed to navigate the aftermath of such incidents. In conclusion, texting while driving is a dangerous practice that puts everyone on the road at risk. The momentary satisfaction of sending a text is never worth the potential for causing harm. Let’s commit to keeping our roads safe by keeping our phones down and our focus on the road ahead. If you find yourself in need of assistance or legal advice following a distracted driving accident , do not hesitate to reach out to a personal injury lawyer in New Orleans who can help protect your rights and interests.

What to Do If You Get Into a Car Accident During a Festival

By Donald D'Aunoy • April 23, 2025
Festivals in New Orleans are a time of celebration, music, food, and community. From Mardi Gras to French Quarter Fest, the streets come alive with excitement. However, with all the joy and chaos, the risk of car accidents significantly increases. Crowded streets, distracted drivers, and an influx of tourists unfamiliar with local roads can quickly […]
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