Gonzales, LA – In any negligence case, a person or entity named as a defendant is expected to act as a reasonable person would in the same situation. Deviations from this standard can result in the defendant being considered legally negligent. Drivers who cause an accident because of their negligence can be made to pay for various kinds of losses, and even if they have insurance coverage they can experience insurance cost increases or receive a citation from law enforcement for any illegal activity. Those who have been harmed in accidents should get more specific advice from an attorney.
A negligence lawsuit has a few basic elements. This includes establishing a relevant standard of care, showing a deviation from the standard of care, and actual causation of an accident involving the plaintiff and their specific damages or losses. All of these elements must be present for the plaintiff to succeed, and if they are, the plaintiff can also ask for monetary relief to pay for their losses such as medical bills and lost income.
What exactly is the relevant standard for all drivers in Louisiana?
Even though the standard of care is based on what any reasonable driver would do in the same situation, this is a dynamic standard. While a reasonable person may not anticipate every possible problem that can happen on the roads, they are generally law abiding and careful enough to avoid many potential problems. Things like the traffic conditions, weather, and other changing factors must be considered. As a general rule, traffic law violations like speeding, drunk driving, distracted driving, and driving at night without headlights can all be used to show that the driver did not meet the relevant standard and they are negligent.
Showing damages is crucial as well
A person who sues a driver must also show actual damages from the accident caused by the defendant. If they can prove that they were injured, they can receive compensation for medical bills and pain and suffering that reflect the severity of the crash and their specific losses. Under Louisiana law, punitive damages are also available if the defendant was committing a drunk driving offense at the time of the crash.
Accident attorneys in Louisiana
Miller, Hampton, and Hilgendorf is a law firm that handles accident cases for local clients in Gonzales and other parts of Louisiana. Their attorneys are able to help people who have been injured in various kinds of motor vehicle incidents.
USAttorneys.com is a service that works with people who need to find lawyers in their city or state. Anyone who needs a referral to a licensed attorney can call 800-672-3103
Firm contact info:
3960 Government St., Baton Rouge, LA 70806
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