Legal Question in Personal Injury in Louisiana

Auto accident help....

I was in an accident, my car has fixable damage and I was not hurt. The other car is totaled and the driver had minor

injuries. I was given a ticket for failure to yeild because I choose to cross a 2 lane street as it appeared safe to cross at the time. I did not see this car coming

as there was only an 18 wheeler in the lane closest to me.

I believe the other driver was speeding but I can not prove it. I had someone look into his record and he has an attachment out for his arrest for a speeding violation.

We both have the same Ins co. and I have 50-100-50 on my

policy. I am worried he can sue me and take my home or income ?? If so can I use this prior speeding violation aganist him in court to show he does speed and has been caught??

I have a perfect driving record so far but I am not worried about my record, I just want things to be handeled

via the Ins. Co and not my personal property or income.


Asked on 5/21/06, 4:52 pm

2 Answers from Attorneys
Andrew Casanave Andrew M. Casanave

Re: Auto accident help....

If his damages exceed $50,000.00 then he can go after your personal property. If the injuries are truly minor I doubt they would be that large. Additionally, you might discuss with your insurer the possibility of his comparitive fault.

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Answered on 5/21/06, 4:58 pm
Hardy Parkerson Retired Attorney; now Law Professor

Re: Auto accident help....

Dear LawGuru Friend,

Unless the driver of the other vehicle was hurt awfully bad, it looks to me as if you are well-covered with liability insurance. I would just let State Farm handle it for me, if I were you. But, yes! His driving record is relevant and in some cases admissible evidence; that is, his prior convictions for speeding. Just receiving a speeding ticket, however, may be relevant, but it is not competent and admissible evidnece should the case go to trial; for he enjoys the presumption of innocence until he is found guilty by plea of guilty, or otherwise. Also, if he were to plead No Contest to the present speeding charge, that could not be used against him should this matter go to trial. Frankly, I think you are worring too much. Thank goodness you had good insurance coverage! Again, my suggestion is that you just let State Farm handle this matter for you. Good luck to you!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA

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Answered on 5/21/06, 9:08 pm


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