Car accidents are often complicated and stressful, especially if you've been hurt and are dealing with insurance claims or medical bills. In Louisiana, the situation becomes even more challenging when you believe you may be partly at fault for the crash. Understanding your rights and responsibilities under Louisiana law can help you figure out whether you can still take legal action to recover damages. Here's everything you need to know about how Louisiana handles car accidents involving shared fault.

Understanding Louisiana's Comparative Fault Rule

Louisiana follows a legal rule called “comparative fault” when determining liability in car accident cases. This means that even if you are partially to blame for the accident, you may still recover compensation from the other party or parties who share responsibility. However, the amount of money you can recover will be reduced by your percentage of fault.

For example, if you were found to be 20% at fault for an accident and your total damages were $100,000, you could recover $80,000. The remaining $20,000 represents your portion of the fault and would not be included in the settlement or award.

How Fault Is Determined in Louisiana

Determining fault in a car accident involves gathering evidence to figure out who acted negligently. Negligence means failing to act with reasonable care, which could include actions like running a red light, speeding, or not yielding the right of way. In Louisiana, fault is usually determined by:

• Police Reports: These often include details about the crash, statements from drivers and witnesses, and whether any traffic laws were violated.
• Witness Statements: Eyewitnesses provide information about what they saw before, during, and after the accident.
• Traffic Laws: Violating Louisiana traffic rules can be strong evidence of fault.
• Accident Reconstruction: In some cases, experts may analyze the scene, vehicles, and other evidence to determine how the crash happened and who was at fault.

Common Examples of Partial Fault in Louisiana Car Accidents

Many accidents involve more than one contributing factor. Here are a few scenarios where you might share partial fault but still have the right to seek compensation:

1. Failure to Signal: If you didn't use your turn signal before switching lanes and were hit by a speeding driver, you might share fault. However, the speeding driver could still bear most of the responsibility.
2. Distracted Driving: If you were momentarily distracted but another driver ran a stop sign, the court could assign fault to both parties.
3. Rear-End Collisions: Louisiana law presumes that the driver in the rear is usually at fault, but if you stopped suddenly without reason, you might share some responsibility.
4. Left-Turn Accidents: If you turned left at an intersection and collided with an oncoming car that was speeding, both drivers might be found partially at fault.

Special Considerations for Louisiana Drivers

Louisiana's legal system and insurance rules can be different from those in other states, so it's important to keep these factors in mind:

1. Pure Comparative Fault: This means you can recover damages such as lost wages, medical expenses, and pain and suffering even if you are at fault, as long as someone else is at least partially responsible.
2. Insurance Requirements: Louisiana drivers are required to carry liability insurance. However, many drivers are uninsured or underinsured, which can complicate your case.
3. Fault: Injured parties must prove fault to recover damages. This makes evidence of negligence a key part of your case.
4. Seat Belt Use: If you weren't wearing a seat belt at the time of the accident, the other party's insurance company may argue that you contributed to your injuries. While this doesn't bar you from seeking compensation, it could reduce the amount you recover.

Contact a Slidell Louisiana Car Accident Lawyer

If you've been injured in a car accident in Louisiana and believe someone else's negligence played a role, you don't have to navigate the situation alone. Even if you're partly at fault, Louisiana law gives you the right to seek compensation for your injuries and losses.

To learn more about your legal options, contact Delsa Law Firm, LLC, by calling (985) 882-1222 or contacting us online for a free, confidential consultation. Let attorney Delsa help you understand your rights and take the next steps toward recovery.