What does it mean when a person is partially at fault for an accident in Baker?

Baker, LA – Not all accidents have a straightforward or singular cause. An accident investigation will often reveal that many factors came together to cause injuries or fatalities, and various parties can be implicated in this manner, with various legal consequences as well.

While plaintiffs in Louisiana do not need to worry about partial fault preventing them from filing an injury lawsuit, some other states still use a system called contributory negligence, where even one percent of fault in an accident can prevent the plaintiff from recovering any damages at all. Because dividing specific dollar amounts and fault can be complex in cases where multiple people are involved, it is best to consult with a lawyer for advice that is specific to any given situation.

How is partial fault decided?

The analysis of partial fault is highly fact intensive, but different in each case. This basically means that there were multiple factors and errors from different parties that contributed to the accident. For example, a driver who was speeding may be partially at fault, but if a reckless driver hit them, this other driver may be more at fault for causing the accident. In cases that go to trial this is decided during jury deliberations. However, most cases will settle so the attorneys for each side need to determine how much compensation is fair based on the information available to them.

The comparative negligence system

In lawsuits that have issues related to partial fault by the plaintiff or other parties, it is possible to divide their fault for the accident based on the principles of comparative negligence. Under this system used in accident cases in Louisiana, the negligence or fault for the accident can be divided between all of the parties involved in any manner necessary to equal one hundred percent. Any party who brings a lawsuit can still collect compensation even when they are partially at fault under this analysis, although their compensation will be reduced by the same amount as their level of fault. There may need to be a judgment call made regarding whether it is worth pursuing a lawsuit and related actions if the plaintiff is mostly at fault for the incident.

Accident lawyers are available in Louisiana

Miller, Hampton, and Hilgendorf is a law firm that handles accident lawsuits for clients in the area of Baker and other parts of Louisiana. Their lawyers can provide more specific advice about personal injury lawsuits and related matters.

USAttorneys.com is a service that works with people who need to find the right lawyer in their city or state. Anyone who needs assistance with their search can call 800-672-3103 for help.

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205