Brusly Landing, LA – Speeding and other traffic violations can be dangerous, as they put the safety of others in jeopardy and they increase the chances of an accident. Drivers who engage in dangerous behavior may receive tickets, and they can be sued in some situations. Most drivers who face lawsuits will end up in court because they injured a pedestrian or another person in a car during an accident. Without this kind of injury taking place, there is no causation between the driver’s actions and any kind of harm, so a negligence lawsuit would fail.
Prosecution by authorities
If a driver is speeding, driving recklessly, or engaged in any other offense without causing an accident, it is likely that they will only receive a traffic citation. The state controls all of this process, and it is mostly out of the hands of others who have witnessed the traffic violation. Drivers who are cited will have to pay fines, they can receive points against their driving privileges, and they may eventually lose their license after several offenses.
Injury in fact
In order for one person to sue another, they must have suffered an injury in fact because of the defendant. This means that the plaintiff will need to show that the speeding driver caused an accident or some other problem that resulted in actual losses. Merely witnessing the illegal behavior is not enough for a person to file a civil lawsuit against the offender. This rule extends to all areas of the law, and it is meant to reduce unnecessary litigation.
The process of bringing an accident lawsuit
If someone was hurt by a driver who they believe was speeding, they can contact a local injury attorney. The victim should initially report the incident to the local police and their insurance company to start an investigation. Some of the evidence generated during this investigation will probably be used during any related civil lawsuit. The attorney for the plaintiff will file an initial complaint based on these facts. The complaint will allege that the driver at fault acted in a negligent manner at the time and place of the accident, and caused harm to the plaintiff.
Negligence per se
If someone who is engaged in a traffic offense such as speeding causes an accident, the doctrine of negligence per se will usually apply. This means that the defendant was engaged in the process of violating a relevant safety law when they caused harm to others, and certain elements of negligence are established conclusively. In other words, evidence of a traffic violation can help a victim prove the necessary elements during their negligence lawsuit.
Experienced injury attorneys
Lawyers in Brusly Landing are available to speak with anyone who has recently been injured in a collision. Miller, Hampton, and Hilgendorf is a respected accident firm that helps people throughout Louisiana.
Firm contact info:
3960 Government St., Baton Rouge, LA 70806