How can an accident victim in Addis prove that another driver was at fault for their injuries?

Addis, LAAccident lawsuits provide compensation to victims who can show that another person or entity’s negligence was the direct cause of their injuries. There are a number of ways that this is done, and it generally requires some kind of concrete evidence of a mistake or improper driving behaviors. Having a legal professional help with the process to gather evidence and file an injury lawsuit will help the victim increase their chances of success. 

The standard of care

The main part of a negligence lawsuit that shows a driver was at fault is a breach of the duty of care on the roads. All drivers are required to obey traffic laws and not engage in behaviors that will put others at risk.  The four standard elements of all negligence lawsuits are a relevant duty of care, a breach of that duty, causation, and damages. 

This breach of the standard of care is normally related to behaviors such as speeding, illegal lane changes, distracted driving, drunk driving, or various other traffic offenses. If the police issue a citation, the victim may be able to utilize a doctrine called negligence per se, which assists them in proving a breach of the standard of care on the roads and other elements of negligence. When there are no relevant citations available, things like witness testimony, the position of the vehicles during the accident, photos, videos, and other kinds of evidence can all help to show negligent driving.   

The consequences of fault

Proving negligence or fault is important because it means that the defendant will be financially responsible for the plaintiff’s losses, either through their insurance policy or personal money. These costs normally include property damage, medical treatment, pain and suffering, and the person’s career losses related to income and earning capacity. 

Comparative negligence

There are some accidents where both the plaintiff and the defendant are partially at fault for the accident. Louisiana’s comparative negligence laws allow this division of fault to be reflected in the way damages are distributed. The plaintiff’s compensation will be reduced relative to their level of fault. This can be beneficial to both parties depending on the circumstances, as a person who is partially at fault can still be compensated, yet the defendant will not have to pay for all of the plaintiff’s costs unless they are entirely at fault. 

Learning more from an accident lawyer 

Miller, Hampton, and Hilgendorf is a trusted accident firm that helps people with their injury lawsuits in Addis and other parts of Louisiana. They can meet with clients to discuss the possibility of a lawsuit and the potential compensation available. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806