Law Offices of Philip B. Adams
  • Home
  • About Us
  • Practice Areas
    • Criminal Defense
    • Personal Injury
  • Blog
  • Recent Cases
  • Media
  • Contact Us
Picture


BLOG

The Presumption of Fault in Louisiana Automobile Injury Cases Involving Lane Changes

10/11/2022

 
Louisiana law contains many legal “presumptions.” Several legal presumptions apply in the context of automobile cases.  Preliminarily, what is a legal presumption? A legal presumption essentially relieves a litigant of the duty of proving negligence of the adverse party in a case. Basically, the other party is presumed to be at fault and must prove that he or she is not at fault to escape liability for someone else’s injury and rebut the legal presumption.

In a case involving a motorist who changes lanes and gets into an accident in Louisiana, a legal presumption applies that the driver who was changing lanes and got into an accident is presumed to be at fault in the accident. To avoid liability, the driver changing lanes must show that he or she acted reasonably and safely in changing lanes. For example, if a driver changes lanes and winds up side-swiping another vehicle in the adjacent lane while changing lanes, the driver changing lanes is most likely going to be presumed to be at fault. A reasonably prudent driver would not change lanes and wind up side-swiping another vehicle in the adjacent lane of travel. Had the driver in this hypothetical acted with sufficient caution, he or she would have seen the other vehicle in the adjacent lane and waited until the appropriate time to change lanes, avoiding a side-swipe collision. 


Whether fault will be assessed against you in a lane-change case is a fact-dependent inquiry. All facts in your case must be examined to determine who may be at fault in any given rear-end collision. If you are unsure as to whether you might be at fault, consult with a competent attorney for advice. 


For any automobile collision, prevention is best. No one wins when people get seriously hurt or, even worse, killed in an accident. How can you avoid causing a potentially nightmarish scenario? To minimize your chances of getting into a lane-change collision, exercise caution and pay attention to the movement patterns of nearby vehicles. Additionally, use your blinker everytime you change lanes to signal to other potentially unsuspecting motorists that you intend to change lanes. Sometimes, you may think you are clear to change lanes and not see another vehicle because of a blind spot, so it is best to maximize caution and use your blinker no matter what you think you know about the roadway conditions. You have nothing to lose but a second or two of your time in putting on your blinker. Not doing so could cost you thousands of dollars and high stress, however, if you get in an automobile accident, and you are at fault under the lane-change presumption. 


To facilitate your ability to pay attention when changing lanes, it is important to proactively avoid being distracted. Put away your cell phone before you even begin driving. Do not text message while driving. Text messaging can be as dangerous as drunk driving. If you must call, do so through the speakers in your vehicle to enable hands-free talking on the phone if you have that functionality. A collision can occur in a second or two of you looking down at a cell phone screen to send a text message. That “Lol” text may not be so funny later when an ambulance shows up to take you to a hospital. Even worse, the cost of that text may very well be your life and/or the lives of others. No text is so important that it cannot wait until you are off the road. Additionally, avoid consuming alcohol and/or drugs before and during driving. A night out at a bar may lead to some fun, but it will also lead to a ruined night if you later get in an accident while intoxicated. Drink responsibly and get an Uber ride if available, or have a friend take you home. Don’t ever drink and drive. In all of your conduct while driving, act with prudence. 


​If you are the victim of a lane-change collision in Louisiana, hire a competent attorney to help you obtain compensation for your damages. Detailed, strategic, and compassionate advocacy can go a long way towards helping you when you need it most. 




Comments are closed.

    Archives

    March 2023
    November 2022
    October 2022
    July 2022
    March 2022
    June 2020
    February 2020
    July 2019

    Categories

    All

    RSS Feed

Law Offices of Phillip B. Adams

(318) 230-7199
Law Offices of Philip B. Adams, LLC
400 Travis Street, Suite 1109
Shreveport, LA 71101
© 2019-2020 Law Offices of Philip B. Adams, LLC | All Rights Reserved
Home | About Us | Criminal Defense | Personal Injury ​ | Blog | Contact Us

DISCLAIMER:
​Material presented on the Law Offices of Philip B. Adams (hereinafter “the Firm”)  website is intended for informational purposes only. It is not intended as professional advice and should not be construed as such. The Firm is not engaged in rendering legal or other professional services by posting said material.

No Attorney-Client Relationship is created by your use of this website. Neither your receipt of information from this website nor your use of this website to contact the Firm or one of its lawyers creates an attorney-client relationship between you and the Firm.  

No Confidentiality. You may not use this website to provide confidential information about a legal matter that you have to the Firm. Your use of this website does not make you a client of the firm or even a prospective client of the Firm. If you have confidential information that you would like to give to any lawyer at the Firm, please communicate with one of the Firm’s lawyers in person or by telephone–not by filling in any form on this website or by sending an unsolicited email to the Firm or any of its lawyers.
Website by Hemingway West
  • Home
  • About Us
  • Practice Areas
    • Criminal Defense
    • Personal Injury
  • Blog
  • Recent Cases
  • Media
  • Contact Us