|
If an auto accident in Shreveport, Louisiana is a multi-vehicle accident -- involving more than two cars -- there may be more than more than one driver who is legally responsible. Indeed, depending on the facts, all of the drivers may have some legal responsibility for the accident.
Louisiana follows a comparative negligence rule that provides for a shared legal responsibility where more than one party is at fault. That shared responsibility is based on the percentage of fault that is decided by a jury or other fact-finder. Thus, assume a three-car accident; if a jury were to assign the percentages as 10%, 40%, and 50%, then the parties would be responsible for paying their percentage of any judgment awarded. Given how complex Caddo Parish, LA multi-vehicle car accidents are, if you have been injured, there would likely be value in having a consultation with an experienced Shreveport multi-vehicle auto accident attorney like ours at the Law Offices of Philip B. Adams. Please use our Contact Page and act quickly because there is a one-year deadline for filing Louisiana car accident injury lawsuits. Any driver who was negligent has legal liability In Shreveport, Louisiana, liability for traffic accidents is determined by the doctrine of negligence. To prove legal liability, an injured victim must prove the four legal elements of negligence, which are duty, breach of duty, causation, and injury. In terms of duty, Louisiana drivers have at least two basic duties: the duty to be careful and watchful to avoid injury and harm and the duty to obey traffic laws. If it is shown that a driver was NOT careful/watchful and did NOT obey traffic laws, then BREACH of duty is proven. Those are the first two elements of negligence. From there, it is often not difficult to prove the final two legal elements since, in many cases, the breach of duty clearly resulted in the accident, and injury/property damage was caused. Some hypothetical examples In a Louisiana multi-vehicle auto accident, any driver who committed negligence can be held legally responsible. For example, let's assume we are dealing with a simple 3-car-in-a-line accident where the last car rear-ends the middle car, which is pushed forward to impact the front vehicle. Assume also that the first two cars were stationary at a red traffic light. In this example, the drivers of the first and middle vehicles did not commit negligence since they were lawfully sitting and waiting for the red light to change. Very likely, 100% of the legal liability falls on the driver of the third vehicle, who would be liable to pay compensation for injuries and property damage to the drivers of the first and middle car. Let's assume a different hypothetical scenario where the first car has stalled in the middle of a traffic lane and has not moved to the shoulder or otherwise gotten out of the traffic lane. Assume, now, that the driver of a second vehicle is not paying enough attention and crashes into the stalled vehicle. Assume further that a third vehicle is following too closely and crashes into the second vehicle. In this example, all three drivers may be liable. The first driver had a duty to remove the stalled vehicle to the side of the road; the second driver had a duty to see the stalled car and slow down or take evasive action; and the third driver was following too closely for safety. Contact A Louisiana Personal Injury Attorney Today For more information, contact the Law Offices of Philip B. Adams. If you have been injured in a Louisiana accident, our Louisiana personal injury lawyers can help you recover the full compensation you are entitled to according to Louisiana law. To contact us, complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana personal injury case. We have offices in Shreveport and handle personal injury cases throughout all of Louisiana. Thank you for reading this blog post and visiting our website. If you have been injured in a Shreveport, Louisiana, auto accident, you are entitled to make a claim for compensation from the party (or parties) responsible for the accident. You are entitled to compensation for many categories of damages, such as costs and expenses for medical care and treatment, lost wages and earnings, pain and suffering, damage to your vehicle (and other contents of your vehicle), and more. Victims are entitled to make insurance claims and to file personal injury litigation in the Louisiana courts. If you have been injured, you may benefit from having a consultation with an experienced Shreveport auto accident attorney like the ones at the Law Offices of Philip B. Adams. Use our Contact Page.
Most Louisiana car accident cases are settled through insurance claims before the filing of Louisiana personal injury litigation. Moreover, of the lawsuits that are filed, more than 90% of those will settle before trial. The strongest cases are often the ones that tend to settle the quickest, meaning that compensation is paid more quickly to the victim (or victims). By "strongest," we mean those cases where the evidence is solid, where there are few disputes about the evidence, and where the evidence points clearly to legal conclusions about responsibility for the accident and the resulting injuries. Here are some signs of a strong legal claim: Good documentation and evidence from the scene of the accident One sign of a strong legal claim is when the victim has obtained good documentation and solid evidence from the scene of the accident. This is one reason that, if the victim is able, it is important to take a few photos or a video of the scene right after the accident. Other visual evidence can come from vehicle and street cameras. Your actions did not contribute to the accident When negotiating a settlement for a Louisiana car accident, insurance companies will do their best to find "holes" or weaknesses in your case. This allows the insurance companies to "low-ball" their offers. One weakness in a case can exist if the victim's actions contributed, in some way, to the accident. For example, assume that the at-fault driver did not stop for a stop sign. But also assume that the victim was speeding at the time of the accident. Here is an example where the legal conclusions about fault are disputable. The insurance company will say that the victim's speeding was the cause of the accident. In Louisiana, a victim who contributed to the accident will still recover some compensation, but will have to take less than the full amount of the recovery based on the percentage of fault assigned to the victim. From this, it can be seen that the strongest legal claim is one where there is no argument/dispute about whether the victim contributed to the accident. Medical evidence showing a clear causal connection between the injuries and the accident Another sign of a strong legal claim is medical evidence showing a clear link between the injuries and the accident. Aside from the necessity of seeking treatment for injuries, this is one reason for victims to seek medical care immediately. Eyewitnesses are available Another sign of a strong legal claim is the existence of eyewitnesses who can corroborate what happened during the accident. Typically, eyewitnesses are unavailable. Other vehicles or persons may have seen the accident, but they generally go about their business and do not stop to give contact information. Thus, actual eyewitnesses can make a legal claim very strong. Contact A Louisiana Personal Injury Attorney Today For more information, contact the Law Offices of Philip B. Adams, If you have been injured in a Louisiana accident, our Louisiana personal injury lawyers can help you recover the full compensation you are entitled to according to Louisiana law. To contact us, complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana personal injury case. We have offices in Shreveport and handle personal injury cases throughout all of Louisiana. Thank you for reading this blog post and visiting our website. |
Archives
September 2024
Categories |
RSS Feed
