Central Louisiana, LA – Drivers should always be careful to not engage in behaviors that may create a risk of accidents. Unfortunately, traffic laws and good behavior are not always observed on the roads as they should be. After a crash, the police will be contacted to arrive on the scene. Their investigation along with other pictures and evidence will be used in the process of determining fault and creating an accident report that lists relevant information. Those who have been hurt in a motor vehicle crash can also contact a lawyer for assistance with gathering evidence and bringing a civil case for compensation.
Why is liability an important concept in accidents?
Liability is an important concept because the driver who is liable is also financially responsible for all losses caused in the accident. This is true even if the driver is using a commercial or government vehicle. The driver’s liability insurance will have to cover the victim’s damages, or they may even be personally liable if there is no relevant insurance policy available.
Actions that determine liability and negligence
Drivers who are not following an appropriate level of care when compared to a reasonable driver in the same situation are considered negligent. Negligence is a concept that is similar to fault and liability, as insurance companies use a similar determination when deciding to pay out settlements to accident victims.
Traffic violations are an obvious source of negligence. Drivers are supposed to obey speed limits, stop signs, traffic lights, lane markers, and other traffic control devices, as well as refrain from using their phones and other distractions. If the driver was issued a ticket after the accident for any of these violations, this may be used against the driver during the insurance claim process or a lawsuit. More serious violations of traffic law such as reckless driving or drunk driving can also be used to show negligence.
Comparative negligence in Louisiana
In some cases it may not be totally clear that one driver was at fault for all of the losses created by the accident. Louisiana law allows negligence to be divided to each car involved to add up to one hundred percent. Those who are partially at fault based on comparative negligence principles may still choose to bring a lawsuit, however their compensation is reduced according to their amount of negligence.
Louisiana accident lawsuits
People who have been harmed in accidents in the Central Louisiana area have the ability to bring a civil lawsuit for compensation. Miller, Hampton, and Hilgendorf is an experienced group of injury attorneys, and they are available to help anyone who needs legal advice.
Firm contact info:
3960 Government St., Baton Rouge, LA 70806
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