Understanding Louisiana’s Comparative Fault Law and How it Affects Car Accident Cases

In cities like New Orleans, once an accident occurs, the victims should seek immediate medical assistance and then take the necessary legal actions. Legal actions include hiring a car accident lawyer in New Orleans. They are knowledgeable of the legal procedures that can make a significant impact in a car accident case. One legal action is the use of the claimant-friendly pure comparative fault law.

What is Comparative Fault?

In the case of most accidents, the person blamed is the driver that caused the accident. The victim can claim against the party at fault and demand compensation for the damage caused. However, there are cases where both drivers are at fault for the accident, and this is where the comparative fault concept comes into play. It’s a law that involves assigning blame to both drivers depending on the level of negligence they each contributed to the damage.

Suppose a driver did not use their blinker to signal or failed to look for other vehicles when making a turn. At the same time, the other driver ran through the stop sign. In that case, both parties were negligent and at fault.  If the injured party is compensated for the accident, the amount awarded will be reduced by the degree that they are at fault.

When the case goes to court, the judge and jury will review the damage and injuries, including economic harm, property damage, and compensatory damage. They will then evaluate the injured party’s role in the accident before determining the compensation to be awarded. For example, if the injured party is determined to be 40% at fault for the accident, they will only be entitled to 60% of the compensation award.

How Comparative Fault Affects a Personal Injury Settlement

In cases where only one party is at fault, the injury victim will receive 100% compensation in a personal injury settlement. In a situation where both parties are at fault for causing the accident, the amount the injured person will receive depends on the degree to which they participated in the accident.

Comparative Fault Does Not Eliminate the Need to Prove Negligence

The comparative fault law does not eliminate the need to prove negligence. The judge and jury will decide the level of responsibility for each party and the compensation by listening to and reviewing the evidence presented by each party’s attorney in court. With the guidance of a car accident lawyer, New Orleans accident victims can gather the appropriate evidence, witnesses, and experts in an efficient and timely manner to show the court the other party should be held responsible for the accident

To recover compensation due to negligence in New Orleans, the following must be proved:

• The claimant was owed an obligation of care.
• The other party breached that obligation of care.
• The other party’s breach resulted in the claimant’s injury.
• The other party’s breach of care also resulted in financial losses related to the car accident.

Why a Comparative Fault Lawyer is Essential in a Car Accident Case in Louisiana

When a comparative fault becomes a problem, it can significantly impact the compensation the injured person will receive. It can even lead to a pending case. To begin with, no party knows how the court will decide the percentage; everything is based on the evidence provided in the court.

In some cases, comparative fault can make the whole case settle even before reaching the court; it can also be why the parties find themselves in court. If both parties aren’t sure how the jury will decide their case, they may want to settle it outside the court.

Still, if a comparative fault is a question on its own, the two parties all believe that their side is the strongest and the victim, so they are likely to think that the best way to resolve the problem is by going to court. The fault usually makes the whole case uncertain, so here, the best thing to do is to hire a New Orleans car accident lawyer because they will help the injured person answer the questions and fight against their claim.

Hire a car accident lawyer in New Orleans who is knowledgeable about court procedures and has experience dealing with similar cases. Dudley DeBosier will work with you to determine what happened, gather the facts and evidence, evaluate comparative fault issues that could impact the case, and plan a defense strategy to address your case in the best possible way.

Contact us today for a free consultation.

Reviewed by the New Orleans Dudley DeBosier Injury Lawyers office.

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