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How does comparative fault affect a car accident lawsuit?


There are many car accidents on Louisiana roads every year. There are many vehicles on the roads each day and people make mistakes. Some of these car accidents are very minor and there may be very little damage and no injuries. However, many accidents are very serious. Vehicles can be destroyed and people suffer life-changing injuries or even die as a result of the accident.

The victims of these accidents may be entitled to compensation for the injuries, but how much is usually determined by who was at fault for the accident. Sometimes these accidents are all the fault of one driver, who may have run a red light or crossed the center line. However, in other cases both drivers or a third party may be somewhat at fault for the accident occurring.

Louisiana law recognizes comparative fault in personal injury cases after a car accident. This means that a victim's compensation may be reduced by the percentage of his or her fault for the accident. For example if the total compensation for damages was $100,000, but the victim was found to be at 20 percent fault for causing the accident, then the total compensation would be reduced by 20 percent and the victim would only receive $80,000 instead of whole $100,000. The law believes that a person should only be accountable for their fault in causing an accident.

There are many causes for car accidents in Louisiana and many things people do to cause them. The victims may be entitled to compensation for their injuries, but the total damages may be reduced if they contributed to the accident occurring. These become very fact specific cases as a result. It is important to understand the law and the facts because insurance companies try to minimize the amount they are accountable for in an accident. Experienced attorneys may be able to help protect one's rights.

Source: Louisiana State Legislature, "Louisiana Civil Code Article 2323," accessed on August 7, 2017

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