The cause of most car accidents is carelessness on the part of one of the drivers involved. Sometimes both drivers are at fault to different degrees.
When it comes to deciding how a person’s “fault” for an accident affects their personal injury recovery, every state handles the issue differently. That is why, if you live in Louisiana, you should consult with experienced Louisiana personal injury counsel.
Car accidents lead to medical bills, car repair bills, and time off of work. When people file insurance claims or personal injury lawsuits, the object is to have the other driver (the one who was at fault) pay for the costs they incurred as a result of the accident. That is why determining who is at fault (or “liability”) is in most cases, so important.
“Liability” is the legal word used to describe the financial and legal responsibility of a person (or business) who is responsible for injuring, damaging, or causing the death of another.
Not surprisingly, in most cases who was “at fault” is not always clear. More often than not, both drivers were responsible at some level for the resulting crash. For example, while one driver might have stopped suddenly, the other might have been traveling too close or going too fast to stop in time to avoid the accident.
Ultimately, who pays for the damages caused in a car crash depends on the facts of the particular case and the laws of the state in which the accident happens.
If you are injured in a car crash in Louisiana, you should know a few things about Louisiana’s laws.
First, for insurance claims related to car accidents, Louisiana uses the “fault” system. This means that before you can recover damages for any injuries you suffered, you must prove that the other driver was “at fault” for the accident.
Next, in 1997, Louisiana decreased automobile liability coverage by 10% and at the same time instituted a “compulsory coverage” rule often referred to as “No Pay, No Play.” Under the No Pay, No Play rule, with certain exceptions, uninsured motorists cannot recover for the first $15,000 of bodily injury and for the first $25,000 of property damage—even if the other party was 100% at fault.
Finally, you should be aware that Louisiana has a “comparative fault” rule (also referred to as “pure comparative fault”) which allows an injured party to recover for his damages even if he was “at fault” for the accident—but the amount of damages he can recover is reduced by his percentage of fault. So, if a person was 99% at fault for the accident, he can only recover 1% of his damages.
If you or someone you know has been injured in a car crash, call us. We are experienced personal injury and trucking accident attorneys. We have offices in Baton Rouge, and we serve Baker, Gonzales, Port Allen, New Orleans, Zachary, and several other cities in Louisiana. To schedule your free consultation, call ToDay at 225-200-0000 or contact us here.
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