Have you been injured in a NOLA car accident? Are you missing work because you were injured in a commercial truck accident? Did your motorcycle crash cause you to incur substantial medical debt? If so, you may be worried about who is responsible for your lost income, medical bills, and other damages. In most cases, the other driver is responsible for your losses. However, you must prove the other driver was at fault for the collision in order to receive compensation.
Proving fault is vital in a New Orleans car accident case. If you do not prove fault, you do not receive compensation. This becomes even more important if the other side accuses you of being partially responsible for the crash. If the other side is able to convince a jury or judge you are partially at fault for the collision, your compensation will be reduced under Louisiana’s comparative negligence laws.
How Does Comparative Negligence Affect My Car Accident Claim?
Comparative negligence is used to determine a driver’s percentage of fault for a car accident. In many traffic accidents, it is evident that one driver was 100 percent at fault for the collision such as when a driver turns left in front of another driver. However, what if that other driver was speeding at the time of the collision. Under comparative fault, a judge or jury could find the speeding driver contributed to the collision.
If you are found to be partially at fault for a traffic accident, you are assigned a percentage of fault. You are allowed to recover damages even though you are partially at fault. However, your compensation is reduced by your percentage of fault.
In the example above, if the speeding driver is judged to be 20 percent at fault for the collision, the compensation is reduced by 20 percent. In other words, if the damages are $100,000, the speeding driver receives $80,000 (total damages less 20 percent). A driver could be 99 percent at fault and still collect one percent of the damages from the other driver.
Comparative Negligence Only Applies In Lawsuits
An insurance company cannot enforce comparative negligence laws; however, the insurance company can argue your settlement should be reduced because fault is in question. Hiring an experienced New Orleans car accident attorney is your best option to protect yourself from an unfair and unjust settlement from an insurance company. Your personal injury attorney understands comparative negligence and he understands how to effectively negotiate with an insurance company.
If the insurance company continues to refuse to negotiate fairly, your NOLA car accident attorney may advise you to file a personal injury lawsuit. Your attorney then works diligently to build a case to limit the percentage of fault a court may assign to you if your case goes to trial.
Call a New Orleans Personal Injury Law Firm For More Information
Even if you believe you may be partially at fault for a traffic accident, call our office for a free consultation. You may be entitled to recover compensation for your damages.
Contact The Olinde Firm by calling (504) 587-1440 or 1-800-587-1889 to schedule your free case evaluation.