Baton Rouge, LA – There are a number of different ways that fault, negligence, and other concepts related to responsibility for the accident are determined. The insurance company may do their own investigation, and if there are lawsuits related to the collision, negligence principles will determine the outcome of a trial or settlement agreement. Advice from a licensed legal professional is recommended for anyone planning on bringing a lawsuit related to their collision. 

Insurance claims

Insurance companies may do their own investigation and decide to pay out claims or not depending on who they believe was at fault, along with certain state laws that guide these decisions. As a general rule, insurance companies are private entities that have a certain amount of discretion regarding how they choose to handle the aftermath of an accident. Consumers should also be aware that they are businesses looking to protect their financial interests. 

Traffic violations

If a driver was speeding, went through a stop sign, or made an illegal lane change, it is much more likely that they will be at fault or negligent. In civil negligence cases, violations of traffic laws may not be conclusive, but they may provide strong evidence of negligence. Law enforcement also conducts an accident investigation where they may mention traffic violations and give an opinion regarding fault in their final report.  

Louisiana negligence laws

Each state has a slightly different way to determine whether someone was negligent or not. As a general rule, negligence means that a driver was not careful enough on the roads, and caused some kind of injuries or damages to at least one other person. Some states say if the victim contributed to the accident at all, then the defendant cannot be responsible, while other states have more lenient negligence principles that guide these decisions. 

Louisiana uses the standard of comparative negligence. This is beneficial to accident victims. If the plaintiff is found to be partially at fault for their own injuries, they will only have their damages reduced relative to their level of fault. This means that in some cases, a plaintiff could have been somewhat or mostly at fault for the car collision, but still collect a substantial amount of damages depending on the severity of their injuries. Because comparative negligence can be complicated when several drivers are involved in the same accident, legal assistance is important for getting specific information about this kind of inquiry. 

Injury attorneys in Louisiana

Miller, Hampton, and Hilgendorf is a firm in Baton Rouge that handles all aspects of personal injury law and accident cases. Anyone who is interested in legal representation can speak with an experienced attorney about their accident. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806