Rear-Ender Auto Accidents in Shreveport, Louisiana: Who Is At Fault?

In Louisiana, fault and legal responsibility for accidents is a cause of action for negligence. Generally, for a victim to "win" their case, they must prove the four elements of a negligence claim. The four elements are duty, breach, causation, and injury.

Every driver has a "duty of care." This means that a driver must be careful and must be on a constant lookout for dangerous or unusual conditions on the road ahead. The duty also means driving at a sufficient distance from the car in front of them so that they are able to stop if there is a sudden stoppage of traffic. Generally, if someone rear-ends another vehicle, it is often inferred that they were not paying careful attention and were driving too close to the car in front of them. Thus, the phrase "following too closely."

For complex legal questions such as determining liability in a car accident, you are welcome to reach out to our Louisiana car accident attorney at Law Offices of Philip B. Adams. It is important that you are able to obtain compensation for all of your losses, and our experienced attorney has a proven track record of helping victims secure what they are owed.

What if the car ahead stopped suddenly?

In most cases, drivers do not suddenly apply their brakes and stop suddenly while driving. In most cases, there is a reason for a sudden slow-down or stop. That reason is most often the fact that traffic stopped or slowed ahead on the road. If there is a good reason for the car ahead to have suddenly slowed or stopped, then the general rule will likely apply (i.e., the driver of the vehicle following will likely be held liable).

On the other hand, if the driver in the lead stopped or slowed suddenly for no reason, that conduct might be a case where the lead driver might be held liable in whole or in part. Louisiana has a comparative negligence law whereby damages are apportioned based on percentage of fault. A driver who stopped or suddenly slowed with no justification might be held 40% liable, for example. If that is the case, then the driver in the rear vehicle will end up paying only 60% of the total damages assessed because of the accident. Even if the driver in the front has committed negligence, the driver in the rear still has a duty to not follow too closely and a duty to be watchful when driving.

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.

​