Determining Fault and Liability in Louisiana Car Accidents

In Louisiana, fault determinations are made by insurance companies. When injured in a car wreck, personal injury attorneys can help make sure people get the compensation they deserve

 January 15, 2012 /24-7PressRelease/ -- If you find yourself injured in an automobile accident in Louisiana, you will have many worries and many questions. You need to focus your time and energy on recovering from your injuries and having the property damage repaired, but you are likely still concerned about who is going to be held responsible for the accident.

Having a basic understanding of how Louisiana laws determine fault and liability for car wrecks will help you understand what is at stake and why it is important to hire a seasoned Baton Rouge car accident attorney to protect your rights.

You may discover that insurance companies do not always seem fair in their assessment of liability and the value of your claim. Having a strong advocate working on your behalf can provide you with the peace of mind you need to focus your efforts on recovery.

What Is "Fault" in a Legal Sense?

Essentially, fault is the determination of responsibility. It does not, however, necessarily equate to an assignment of liability or a duty to pay for damages. Most states -- Louisiana included -- have a statutory system of allowing for payment of damages to be made proportional to the party's percentage of fault for an accident.

How Does Louisiana Determine Fault?

Louisiana has a statutory scheme known as "Pure Comparative Fault." This means that a party involved in a car accident can only recover for the amount of injuries not directly caused by his or her own actions or inactions.

For example: two cars are involved in an accident; police determine that Driver A ran a red light and struck Driver B's (who was driving drunk) car. Both drivers are partially at fault for the accident, since Driver A failed to yield the right of way and stop at the red light, and Driver B wouldn't have swerved into Driver A's path if he hadn't been driving while intoxicated. Each driver is found to be 50 percent at fault; since both drivers are responsible, they cannot hold the other driver completely liable for the property damage and medical injuries they suffered. If the total value of the damages and costs for the accident is found to be $20,000, each driver is only eligible for $10,000 maximum recovery.

In states -- like Louisiana -- that bar recovery for whatever percentage of damages each party is responsible for, that doesn't prevent all compensation. It may still be possible for a claim to be filed with the party's No-Fault or Personal Injury Protection insurance coverage.

Why Consult a Lawyer After an Accident?

In Louisiana, fault determinations after car accidents are not made by the police (that is not to say that criminal violations may not come into play in an accident if a driver has been found to have broken one or more traffic laws), but by the insurance companies. Since neither law enforcement officials nor lawyers are directly involved in the determination of fault in an accident situation, it is possible for mistakes to be made and for insurance adjusters to assign incorrect values to claims.


Without an attorney at your side, you could end up accepting a settlement that doesn't meet your financial needs and give you the full compensation for your injuries that you deserve. You might even be found to be partially at fault for an accident that you had no responsibility for. That determination can have a lasting impact on your insurance rates, potentially making them unaffordable in the future. Your health may also suffer; if you fear that you won't receive compensation for it, you might not seek adequate treatment for your injuries.

If you have been involved in an accident, it is important you receive the help of an experienced Louisiana personal injury attorney. Having a strong advocate can make a huge difference in the amount of damages you can recover to pay for car repairs and medical expenses.

Article provided by Murphy Law Firm
Visit us at www.batonrougeinjuryaccidentattorney.com

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