Baton Rouge, LA – A driver who receives a traffic citation may still feel it is necessary to file a lawsuit if they were involved in a collision and injured. It is possible for a person who is guilty of a traffic infraction to bring a civil case, but collecting may be difficult for a number of reasons. Principles of negligence must be considered along with the relevant traffic laws and other factors.
Negligence cases and car accidents
Almost all civil accident cases are negligence lawsuits. This means that one driver did not follow the proper standard of care on the roads, and caused some kind of injuries and losses to another person. Most states have changed their negligence laws over the years to divide fault for the accident between all drivers involved.
Louisiana follows this rule of dividing fault for car crashes through the comparative negligence standard. This means that a driver who receives a certain percentage of fault will only have their damage award reduced relative to their contribution to the accident rather than losing their ability to sue. In other words, the driver who is partially negligent will merely get a smaller amount of money than lose their ability to sue entirely.
Negligence per se
When a driver receives a traffic infraction, this can create a presumption that they breached the normal duty of care on the roads. Because this is an element of negligence, it is likely that the driver will be considered partially at fault.
The driver also may have an argument that some kind of intervening cause was responsible for their errors. This can include problems with the vehicle itself or unsafe road conditions that may have been left by the municipality where the crash happened or a construction company. If there is clear evidence that another party is partially responsible for the accident, they may be attached as a defendant in the lawsuit and attributed some level of negligence.
Specific help from an attorney
As these rules show, there are a number of variables that can affect the outcome of an accident case. If things like traffic citations, products liability, multiple vehicles, and division of damages are all involved, the lawsuit can become much more complex. For these reasons, it is important that the driver retains their own personal injury attorney to review their specific situation and get relevant advice.
Local attorneys can help in Baton Rouge
Miller, Hampton, and Hilgendorf is an experienced personal injury firm that helps clients in Baton Rouge and nearby parts of Louisiana. Anyone who needs to learn more about accident lawsuits can schedule a meeting with one of their lawyers.
Firm contact info:
3960 Government St., Baton Rouge, LA 70806