Partner at Charbonnet Law Firm LLC
Practice Areas: Car Accident, Slip-and-Fall, Work-related Injury
Right after a crash, almost no one is thinking about evidence. You are shaken, your hands unsteady, with first responders, flashing lights, and a stranger asking if you are okay. That fog is normal, and it is also the exact moment the most valuable proof of your claim is sitting in plain view (the skid marks, the vehicle positions, the witness who is about to drive off).
What you capture in those first minutes, and within the days that follow, is what later decides who was at fault and what your injuries are worth. When the record is thin, the car accident team at Charbonnet Law Firm can often rebuild part of it, but it is far easier when the evidence was preserved from the start.
This guide explains what to gather at the scene, what records to keep after you leave, how Louisiana’s fault rules can change the value of your claim, and why you should act early because most recent crashes have a two-year deadline.
If you are physically able, collect two things at the scene: the information you trade with the other driver, and the proof you record yourself. Photograph everything (vehicle damage up close and wide, signals, signs, skid marks, debris, and any visible injuries), then get names and numbers. The scene clears within the hour. What you do not capture in those first minutes is usually gone for good.
Trade names, addresses, phone numbers, license plate numbers, and insurance information with every driver involved. Then build your own file, because the other driver’s version and yours will not always line up.
Witnesses can make a bigger difference than many people realize. A neutral bystander who saw the light turn red may help resolve a dispute over fault that could otherwise drag on for months. If someone saw the crash, ask for their name and phone number before they leave. Our guide on documenting the accident scene explains what to photograph, what details to save, and why that evidence matters.
Louisiana law requires the driver to immediately notify police when a crash causes injury, death, or property damage over $500, under R.S. 32:398. Inside New Orleans, that report goes to NOPD, and the officer’s crash report becomes one of the most useful neutral records you have. It captures vehicle positions, statements, and often the officer’s report on who failed to yield, all dated the day they occurred.
That report is usually not available the same day. Crash reports are usually ready within several working days of the investigation closing, and you will generally need the date, location, and any item or report number to request your copy.
Read it carefully when it arrives, because errors in a crash report do happen, and they are easier to correct early than after an adjuster has built a file around them.
A second evidence trail opens the moment you seek medical care, and it is the part that proves what your claim is actually worth. Scene photos help show how the crash happened.
Your treatment records, bills, and proof of wages show what the crash cost you. Keep every document you receive. Months later, an adjuster may look for gaps in treatment, missing bills, or any unclear numbers that could have been documented early.
A quick word on timing. See a doctor promptly, even if you feel fine, because injuries like whiplash and concussions can surface days later, and a treatment record dated close to the crash is what links your pain to the wreck. Wait three weeks, and an insurer will point to the gap.
Louisiana assigns each person a percentage of fault, so your evidence is not just background; it is the lever that specifies your recovery. The state used pure comparative fault for crashes before January 1, 2026 (you recover reduced by your share, even if mostly to blame), and a modified rule with a 51% bar for crashes on or after that date under article 2323 as amended by Acts 2025, No. 15.
Better proof means a smaller share of fault pinned on you, and that difference is money.
Supposedly, say your damages are $100,000. With insufficient evidence, an adjuster will assign you 40% fault, and your recovery drops to $60,000. Now, suppose a witness statement and clear scene photos drop your share to 10%; you will recover $90,000.
Same crash, same injuries, $30,000 swing, all from the strength of the record. And in a 2026 crash, evidence that keeps you under the 51% line can be the difference between a real recovery and nothing at all. Worth the photos?
Louisiana is a traditional at-fault state, which means there is no PIP or no-fault here; your claim runs against the driver who caused the crash and that driver’s insurer. So the at-fault driver’s policy is your first stop, and the clearer your evidence, the harder it is for that insurer to deny or discount the claim.
More than one carrier can enter the picture, which raises the stakes on documentation. If the at-fault driver was working or driving for a rideshare company at the time, a commercial policy may also apply, and the insurers may point fingers at each other.
A lot of Louisiana drivers also carry too little coverage, or none, which is where your own uninsured/underinsured motorist coverage can fill such a gap after a crash with an underinsured driver.
Witness memories fade, and footage from traffic cameras or nearby businesses is often overwritten within days. That short shelf life is the main reason to involve a lawyer early. A firm that handles auto claims knows how to request the right records before they vanish and how to turn a pile of documents into a claim an insurer takes seriously.
Most auto claims settle without a trial, but a settlement still takes a well-built file and steady negotiation. Charbonnet Law Firm has handled these claims in New Orleans and the surrounding parishes for three generations, and the work of preserving evidence is where many cases are quietly won or lost.
| Evidence | When to Get It | What It Proves |
| Photos of vehicles, scene, injuries | At the scene | How the crash happened; fault |
| Driver and insurance information | At the scene | Who and which policies are involved |
| Witness names and contact info | At the scene | Independent account of fault |
| Police crash report | Days after | Neutral, dated record of the crash |
| Medical records and bills | Days to weeks after | Injuries tied to the crash; value |
| Lost-wage proof | After the scene | Income you lost while recovering |
| Repair estimate | After the scene | Property damage and deductible |
| Camera footage (traffic, business) | Within days (it overwrites) | Visual proof of the collision |
There is no single piece, but scene evidence and medical records do the heaviest lifting. Photos, the police report, and witness statements establish who was at fault, while your treatment records, bills, and wage proof establish what your losses are worth. The strongest claims pair a clear picture of the fault with carefully documented early damages.
Yes, when the crash causes injury, death, or property damage over $500. Under R.S. 32:398, the driver must immediately notify the police, which, in New Orleans, means the NOPD. Beyond the legal duty, the officer’s crash report provides a neutral, dated record of the scene that is difficult to recreate later.
Reports are generally not available the same day. They are usually ready within several working days after the investigating agency closes the file. To request your copy, you will typically need the date and location of the crash, as well as any item or report number the officer provided. Review it carefully for errors when you receive it.
Yes, directly. Louisiana allocates fault by percentage, so stronger evidence usually means a smaller share of fault assigned to you and a larger recovery. For example, dropping from 40% to 10% at fault on a $100,000 claim moves your recovery from $60,000 to $90,000. In 2026 crashes, staying under the 51% bar can decide whether you recover at all.
Two years for crashes on or after July 1, 2024, and one year for crashes before that date, under Civil Code article 3493.1. The period generally runs from the date of injury. Because negotiating with insurers can take months, it is wise to preserve evidence and seek advice well in advance of the deadline approaching.
Be cautious. A broad release can hand an adjuster access to unrelated history they may use to argue your injuries predate the crash. It is reasonable to have a lawyer review any release before you sign, so the insurer gets the records relevant to your claim and nothing more.
Evidence is what turns “the other driver hit me” into a claim that an insurer pays. The proof is fragile, though: footage overwrites, witnesses scatter, and memories blur, all while a two-year deadline runs in the background for the most recent crashes. The sooner the record is locked down, the stronger your position.
At Charbonnet Law Firm, the consultation is free, and there is no cost to finding out what evidence your claim needs and what it may be worth. If you were hurt in a crash anywhere in the New Orleans area, call us at (504) 888-2227 so we can begin preserving evidence while it still exists.
With over 50 years of legal experience serving families in the New Orleans area and surrounding Louisiana communities, our firm takes pride in providing clients with personalized legal services tailored to individual needs.
