What standard of care is required for all drivers in Burnside?

Burnside, LA – Almost all car accident lawsuits are filed as negligence cases. An important inquiry and element of a negligence case is whether the defendant deviated from the required standard of care at the time. This is one of the more detailed aspects of negligence law, as the standard of care may vary based on the specific environment and activities in question. Anyone who has been hurt in an accident can have an experienced personal injury attorney handle all matters related to negligence in their lawsuit.

The reasonable person standard

To find out whether someone breached the standard of care, there will be an examination of what the defendant did versus a reasonable person in the same situation. The reasonable person is a type created to show how an average, ordinary, or reasonable driver would have behaved in the same circumstances. This usually includes obeying all traffic laws, being mindful of road conditions, weather and road hazards, not taking any unnecessary risks, and other factors. In many cases, it is difficult for a defendant to meet this standard if there is any evidence of negligence or other mistakes. If the defendant has not acted in accord with the reasonable person standard at the time of the incident, the second element of negligence will be met because they have breached the required duty of care through their conduct. In a trial setting, the jury would decide whether the defendant’s actions were reasonable or not given all of the surrounding evidence.

Comparative negligence in Louisiana

If the defendant is found to be negligent, it is also possible that the plaintiff is partially responsible for their own injuries as well. Louisiana law recognizes this possibility and allows for fault for the accident to be divided between all parties involved. If any plaintiff is partially at fault, they will have their damages decreased by their percentage of fault. However, partial fault does not prevent the plaintiff from filing the lawsuit or collecting money.

Damages available for victims of negligence

When the defendant is liable for losses, they will have to pay out various kinds of damages to the plaintiff in the lawsuit. This is usually for lost income and wages, medical treatment, pain and suffering, and other projected future losses that may be tied to injuries. If the injuries are severe, the defendant may owe large amounts of money through their insurance or personal funds.

Injury attorneys in Louisiana

Miller, Hampton, and Hilgendorf is a firm that deals with all kinds of accident cases in the Burnside area and other parts of Louisiana. Their lawyers provide professional advice and guidance during a civil lawsuit for compensation.

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205