Shared Fault in a Car Accident
Updated: Jun 22, 2022
Being in a car accident can be a perplexing experience, leaving you wondering what just happened. This is especially true if it happened unexpectedly. You may replay the accident in your mind after picking up the pieces and receiving medical attention. It can be difficult to separate what you remember from what actually happened in the aftermath. You might wonder if you're partly to blame for the accident. Is it true that if you are, you are also legally responsible?
What Does It Mean to Be To Fault?
Before filing a personal injury claim in Louisiana, a car accident victim must believe that someone else was at fault. Louisiana, like most other states, is an at-fault state, also known as a "tort" state. This means that each responsible party may bear some of the blame for the crash. Each party's share of fault must be determined by the insurance companies and/or the court. This determination will have an impact on the amount of compensation that the injured party may receive- B Duke Law is here to assist.
Every driver on the road has a legal obligation to everyone else on the road. This is known as a "duty of care," and it means that each driver is responsible for acting in a certain manner. Each driver must specifically obey the law and operate their motor vehicle safely. A breach of the duty of care occurs when a driver fails to uphold their duty of care.
What Affects Who Is At Fault?
Every accident is unique, and there are numerous factors to consider. An experienced attorney will compile all relevant documentation, including police reports, photos from the scene, dashcam videos, and witness statements.
After analyzing these, the attorney will use the evidence to determine who was at fault in the accident. While you may believe that you are partially or even entirely to blame, this is not for you to decide. Who is at fault cannot be determined until your legal team compiles and evaluates the documentation. Factors that can influence fault determination include:
Failing to safely maintain a vehicle, such as driving with bald tires
Failing to obey traffic signs or lights
Driving while intoxicated or under the influence
In addition to determining who is at fault, your legal team will also need to prove that your injury was caused by the other person’s negligence. For even more answers to your accident questions, reach out to us today.