Did I Do That?! - Comparative Fault in Negligence cases

Have you ever wondered what happens if you’re in an accident and it’s partially your fault? Perhaps you were walking across the street when you were hit by a car, but the car had a green light, and you were walking across the street when you were not supposed to be. Are you simply out of luck, or can you still sue for your injuries? The answer to that question is that you can still pursue a civil suit for damages even if you are partially to blame. It is possible for more than one person to be responsible for an accident. Personal injury cases are not always clear-cut, and who is liable for the damages may be an issue that the trier of fact must determine. 

What Happens If You Are Partially to Blame for Your Injuries?

Louisiana is a comparative fault state and has a rule for what happens if you are injured in an accident for which you are partially to blame. Pursuant to LA Civ Code Art. 2323, if you or your loved one’s injury, death, or loss is the result “partly of your own negligence and partly as a result of the fault of another person or persons,” then you can still potentially recover. However, the amount of damages that you or your loved one may recover will be reduced “in proportion to the degree or percentage of negligence attributable” to you or your loved one. 

Thus, using the example from above, if you walk into the street when you are not supposed to and are hit by a car, you can still attempt to recover for your injuries. If you file a civil suit based on the situation and are found to be 30% liable for the accident, your award will be reduced by 30%. Therefore, if your award would have been $100,000.00, instead of $100,000.00, your award would be reduced by 30% to $70,000.00 based on you being 30% responsible for your injuries. 

Maybe you are partly to blame, but if it was not all your fault, you should not be completely penalized and in situations wherein you are damaged, some recovery is better than no recovery. It may be worth it to pursue a cause of action. This is why, and even if you have questions about whether an accident was partially your fault, you should consult with a Louisiana personal injury attorney to see if you have a case. A good lawyer can help you look at the facts of your case and help you or your loved one determine the best way to move forward.

Call A Louisiana Personal Injury Attorney Today!

If you or a loved one have been in a car accident or any other accident and you are unsure of whether you have a case because you may have been partly at fault, we can review your case and help you assess the situation. 

The lawyers at the Law Offices of Philip B. Adams are experienced Louisiana accident attorneys. We are located in Shreveport, Louisiana, and have represented clients in personal injury cases throughout the state of Louisiana. If you want to learn more information about our firm or about your case, do not hesitate to contact us to set up a consultation.  

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