When involved a car accident, one would think that fault would be pretty easy to determine. While some cases seem pretty straightforward, there are others in which liability may not be all that clear. In either case, the party thought responsible may try to deny liability. What do Louisiana residents injured in motor vehicle accidents need to do to prove fault so that they can seek compensation for their losses?
In order to hold a party thought responsible for an accident accountable for one’s losses, some level of fault has to be determined. According to common law, there are several different levels of fault. These are strict liability, recklessness, intentional and negligence. Cases that involve strict liability, recklessness and intentional levels of fault can be pretty easy to prove. It is a case involving negligence that can be a bit more complex.
The simple definition of negligence in regard to auto accidents is careless conduct. Distracted driving is a great example of negligence. When a person is distracted, his or her mind is not fully on the task at hand — safely operating his or her vehicle. When distracted, people run red lights, speed, blow through stops signs, and turn or change lanes when they shouldn’t — among other actions. These actions often lead to car accidents and the distracted driver being held accountable.
When it comes to motor vehicle accidents, establishing that the other driver was at fault can take time. Police reports and witness statements need to be gathered and reviewed. Further investigation into the matter may need to be conducted. Proving fault is not something that Louisiana residents have to do on their own. With the assistance of legal counsel, it may be possible to successfully establish a level of fault in court, which could then result in the awarding of monetary damages.
Source: FindLaw, “Fault and Liability for Motor Vehicle Accidents“, Accessed on Feb. 19, 2018