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In Louisiana, the jury or judge must determine who is at fault with respect to an accident or event. Not only do they have to determine who is at fault, they have to assign percentages of fault. For example, if you are rear-ended on the highway, the person who rear ended you would be 100% at fault as you did nothing wrong.
However, if your vehicle and another vehicle stopped at an intersection controlled by stop signs and you both took off at the same time and collided, the judge or jury would have to determine a percentage of fault for each of you. It could be 50% each, or it could be 80% / 20%. It’s up to the jury to decide.
It’s important to keep in mind that even if you are partially at fault for the auto accident, you can still receive compensation in Louisiana. The judge and jury will listen to all evidence to determine the percentage of fault assigned to each driver.
If you are found partially at fault, the judge or jury will reduce your medical compensation by the percentage they find you responsible for the accident. For example, if the judge or jury were to find you 20% at fault, then your award of medical damages would be reduced by 20%.
Attorney J. Van Robichaux, Jr. is an experienced lawyer based in New Orleans, LA, who helps clients like you navigate the intricacies of personal injury law. With 50 years of experience, he is prepared to assist you in gathering and presenting evidence of the other party’s fault in a car accident so you win the just compensation to which you are entitled.
Still have questions? Ready to get started? Contact the Robichaux Law Firm today to schedule an initial consultation.
Insurance companies are always looking for any way to find that the accident is not their fault or that the accident is partially the fault of the injured victim. They have no set formula to decide this, but they are always looking for ways to try to find the claimant at fault.
Often, when there is a collision in an intersection controlled by a light signal, the at fault driver will claim they had the green light when, in fact, the injured victim had the green light and the at fault driver ran the red light.
The insurance company, based on the version of their own insured’s telling of the story, will often deny coverage and liability for the accident. This scenario is why it is important to immediately and thoroughly investigate the accident by summoning a police officer to the scene.
It’s also advisable to have your attorney canvas the area for witnesses and cameras that may have captured the reality of the accident.
Yes. I represented a client who was driving through an intersection where the speed limit was 35, and he was going 45 miles an hour. A collision occurred with another vehicle that had disregarded the red light and was clearly the cause of the accident. However, my client was assessed as having a small amount of comparative fault because he was exceeding the speed limit.
He was still able to receive compensation in spite of his speeding. Even if you may share fault for the accident, you can still reach out to an attorney who can provide guidance and help you through a thorough investigation of the facts.
For more information on What You Need To Know About Comparative Fault In Louisiana Car Accident Cases, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (504) 332-8188 today.
Attorney J. Van Robichaux, Jr. is an experienced lawyer based in New Orleans, LA, who helps clients like you navigate the intricacies of personal injury law. With 50 years of experience, he is prepared to assist you in gathering and presenting evidence of the other party’s fault in a car accident so you win the just compensation to which you are entitled.
Still have questions? Ready to get started? Contact the Robichaux Law Firm today to schedule an initial consultation.