Can a person involved in an accident file a lawsuit if they have admitted fault?
Baton Rouge, LA – The determination of fault is an important issue after any motor vehicle accident. This can have an effect on whether the victim and others involved are able to collect compensation, as well as other important matters related to insurance. However, Louisiana’s negligence laws actually allow a person involved in the collision to bring a lawsuit when they were partially or even mostly at fault based on the principles of comparative negligence.
Admissions of fault
Most insurance documentation tells drivers to not admit fault immediately after the incident. The determination of fault should be left to others who will formally review all of the evidence related to the accident. There may be a number of factors that are unknown to the people present at the accident scene.
In a legal sense, admissions by any party to a lawsuit are not counted as hearsay, and these can be used against the person during a lawsuit or settlement talks. For this reason, it is important for anyone involved in the accident to not talk about whether they caused the accident or not and contact their insurance company for further directions. The person can also get assistance from an injury lawyer after the collision has been reported.
Comparative negligence rules
Motor vehicle accident lawsuits that end up in civil court are normally determined by the principles of negligence. The four elements of a negligence case that a plaintiff must show are a duty of care, breach of this duty, causation, and damages. If one or more elements are missing, the plaintiff will not be successful. It is also possible that a defendant may choose to simply settle the case when presented with evidence of their own fault and negligence.
Louisiana uses a system of negligence called comparative negligence. This means that both fault and damages are divided between everyone involved in the accident. Any amount of fault attributed to the plaintiff will only subtract money from their damage award. It does not stop them from filing the case entirely. In other words, someone who is found to be half at fault for the collision will only lose half of their damage award, but they can still collect money from any other drivers involved. Even if multiple vehicles are involved, they can all be given a percentage of fault that will equal a total of one hundred percent.
Personal injury lawyers in Baton Rouge
Miller, Hampton, and Hilgendorf assist people with various issues related to injury and accident lawsuits in the state of Louisiana. When legal help is necessary, accident victims can contact the firm to learn more about bringing a civil case against the person or business responsible for their losses.
Firm contact info:
Miller, Hampton, and Hilgendorf
3960 Government St., Baton Rouge, LA 70806
225-343-2205
www.mlhlaw.com
