The end of November comes with news of yet another tragic accident in Lafayette. Car accidents, like the most recent one that ended with the death of an elderly man, have a variety of causes. If a victim or his or her family points to certain causes, they may be able to recover compensation more easily in a negligence lawsuit.
Police are still investigating the crash have not yet released the names of all parties involved in this automobile accident. They have released some facts about the accident, however. The accident occurred in the morning on a weekday. As the man was making a left turn, he struck a jeep. It is unclear, however, who had the right of way.
In Louisiana, tort lawsuits following an auto accident can proceed on a number of theories. One way for a victim and his or her family to recover damages for medical expenses as well as pain and suffering is to assert a cause of action for negligence against the other driver.
To succeed with a negligence claim, a party must demonstrate the existence of certain elements. In particular, the party must show that the other driver had a duty and that the driver breached that duty. In a situation in which there has been a citation for failing to obey a traffic signal, the party seeking damages can argue that such a failure constitutes a breach of the duty to drive reasonably. Put simply, a reasonable driver would stop for a red light and not drive his or her car into another vehicle.
Traffic citations can be useful in helping victims win a lawsuit to recover for damages stemming from a car collision. Victims should be attentive to certain facts like whether the alleged negligent driver failed to obey a traffic signal. Such facts may be useful in proving negligence.
Source: accidentin.com, "90-year-old Lafayette driver killed in Friday crash," Nov. 30, 2012