Q: How long do I have to file a lawsuit after an improper passing accident in Louisiana?

For accidents that occurred after July 1, 2024, Louisiana's prescriptive period (the deadline to file a lawsuit) is two years from the date of the accident. For accidents before that date, the period was three years. Missing the deadline eliminates the right to file a claim regardless of the strength of the case.

Q: Does a traffic citation prove the other driver was at fault?

A citation for improper passing is evidence of fault, but it is not conclusive on its own. Louisiana courts apply the negligence per se doctrine, which means the statutory violation establishes a presumption of negligence. The at-fault driver can attempt to rebut that presumption, but it places the burden on them, not you.

Q: What if the driver who hit me did not have insurance?

Louisiana's No Pay, No Play law, effective August 1, 2025, bars uninsured drivers from recovering the first $100,000 in bodily injury damages and $25,000 in property damages. If the at-fault driver was uninsured and you were insured, your own uninsured motorist (UM) coverage may apply.

Q: How long does it take to resolve an improper passing accident case?

Straightforward cases with clear liability and documented injuries may resolve in under one year. Cases involving disputed fault, serious injuries, or litigation can take longer. The timing of maximum medical improvement (the point at which your condition stabilizes) is often a key factor in determining when to settle.

Improper Passing Accident Lawyers Shreveport

There are plenty of qualified attorneys in Caddo Parish who handle improper passing accident cases. You are doing your research, which means something happened on a Shreveport road. Something serious enough to look into legal options. No one reads lawyer websites until they need one.

This page explains what improper passing is under Louisiana law, how it causes accidents, and what your legal options look like. Read it. Compare attorneys. Make the decision that works for your situation.

What Is Improper Passing Under Louisiana Law?

Louisiana law sets specific rules for when and how a driver may pass another vehicle. Passing that violates those rules is improper passing. La. R.S. 32:75 through 32:79 govern passing on two-lane roads, no-passing zones, and situations where passing is prohibited.

Examples of improper or illegal passing include:

Passing on a double yellow center line
Passing in a no-passing zone (marked with posted signs or road markings)
Passing at an intersection or railroad crossing
Passing when the driver's view is obstructed by a hill or curve
Passing when oncoming traffic is close enough to create a hazard
Cutting back into the lane too soon and forcing another vehicle off the road
Passing on the right shoulder or outside the travel lane

A driver who passes another vehicle in violation of these rules has breached a duty of care owed to other people on the road.

How Improper Passing Causes Accidents

Improper passing is one of the more dangerous maneuvers a driver can attempt. The consequences depend on road conditions, speed, and how close other vehicles are.

Common crash types resulting from improper passing include:

Head-on collisions. The passing driver enters the oncoming lane and collides with an approaching vehicle. These are among the most severe crashes.
Sideswipe accidents. The passing driver clips the vehicle being passed or a vehicle in an adjacent lane.
Rear-end collisions. The passing driver misjudges the speed of the vehicle ahead and cannot complete the pass safely.
Run-off-road crashes. The vehicle being passed, or an oncoming driver, leaves the roadway to avoid a collision.

In the Shreveport area, improper passing accidents occur frequently on two-lane state highways including LA-1, LA-3, and US-80 outside the city core. Rural stretches of Caddo and Bossier Parish roads see a disproportionate share of these crashes.

Who Is Liable for an Improper Passing Accident?

When a driver violates a traffic law and causes an accident, Louisiana applies a legal doctrine called negligence per se (negligence established by law). This means the violation of the passing statute is itself evidence of negligence. The injured party does not have to prove the driver was unreasonable. The law already made that determination.

Potentially liable parties in an improper passing accident include:

The driver who made the illegal pass
The vehicle owner, if different from the driver
An employer, if the driver was working at the time of the crash
A government entity, if a road defect contributed to the accident

For accidents that occurred on or after January 1, 2026, Louisiana's comparative fault rule changed. If a court assigns 51% or more of the fault to the injured party, that person cannot recover damages. For accidents before that date, recovery is possible regardless of the fault percentage assigned.

What to Do After an Improper Passing Accident in Shreveport

The steps you take in the hours and days after an improper passing accident affect the strength of any legal claim.

Call 911. A police report documents the scene, the parties involved, and the officer's initial observations about fault.
Seek medical attention promptly. Some injuries, including internal injuries and concussions, do not present obvious symptoms immediately. A medical record establishes the connection between the crash and your condition.
Document the scene. Take photographs of vehicle damage, road markings, skid marks, road signs, and the general area. If there is a no-passing zone marker, photograph it.
Gather witness information. Names and contact details for anyone who saw the crash can be important later.
Avoid recorded statements to the at-fault driver's insurer. Adjusters are trained to use your words against you. Decline to give a recorded statement until you have spoken with an attorney.
Consult legal counsel before accepting any settlement. Initial settlement offers from insurance companies frequently undervalue claims. A review of the offer before signing anything protects your right to full compensation.

Damages Available in an Improper Passing Accident Case

Louisiana law allows injured people to pursue two categories of compensation (called damages) in a car accident claim.

Economic damages cover measurable financial losses:

Medical expenses (emergency treatment, hospitalization, surgery, rehabilitation, future care)
Lost wages and reduced earning capacity
Property damage (vehicle repair or replacement)
Out-of-pocket expenses related to the accident

Non-economic damages cover losses that are real but not tied to a dollar figure:

Physical pain and suffering
Emotional distress
Loss of enjoyment of life
Permanent disability or disfigurement

If a family member died in an improper passing accident, surviving family members may have a wrongful death claim under La. C.C. art. 2315.2.

Morris & Dewett Handles Improper Passing Accident Cases in Shreveport

Morris & Dewett Injury Lawyers handles car accident cases in Shreveport, including crashes caused by improper passing. If you want to understand your options after an improper passing accident, the firm can walk you through the process.

Frequently Asked Questions

Q: How long do I have to file a lawsuit after an improper passing accident in Louisiana?: For accidents that occurred after July 1, 2024, Louisiana's prescriptive period (the deadline to file a lawsuit) is two years from the date of the accident. For accidents before that date, the period was three years. Missing the deadline eliminates the right to file a claim regardless of the strength of the case.
Q: Does a traffic citation prove the other driver was at fault?: A citation for improper passing is evidence of fault, but it is not conclusive on its own. Louisiana courts apply the negligence per se doctrine, which means the statutory violation establishes a presumption of negligence. The at-fault driver can attempt to rebut that presumption, but it places the burden on them, not you.
Q: What if the driver who hit me did not have insurance?: Louisiana's No Pay, No Play law, effective August 1, 2025, bars uninsured drivers from recovering the first $100,000 in bodily injury damages and $25,000 in property damages. If the at-fault driver was uninsured and you were insured, your own uninsured motorist (UM) coverage may apply.
Q: How long does it take to resolve an improper passing accident case?: Straightforward cases with clear liability and documented injuries may resolve in under one year. Cases involving disputed fault, serious injuries, or litigation can take longer. The timing of maximum medical improvement (the point at which your condition stabilizes) is often a key factor in determining when to settle.

These answers reflect Louisiana law as of January 2026. For case specific advice, consult with a Louisiana personal injury attorney who can evaluate your particular circumstances.