Car accidents occur for a variety of reasons. Many of those reasons are directly related to d driver negligence and carelessness. If a driver causes a car accident, that driver may be held liable for damages under Louisiana’s personal injury laws.
However, not all New Orleans car accidents are caused by driver negligence. Some car accidents are caused by circumstances that drivers cannot control. Who is responsible for damages caused by those car accidents?
Car Accidents Caused By Factors Other Than Driver Negligence
Driver negligence includes factors such as:
- Distracted driving
- Fatigued or drowsy driving
- Speeding and reckless driving
- Following too closely or tailgating
- Drunk driving or drugged driving
- Failing to yield the right of way and other traffic infractions
However,hazardous road conditions and inclement weather are not within a driver’s control. A pothole can cause a tire to blow out, resulting in an accident if the driver loses control of the vehicle. Likewise, flooding, wind, and fog can be factors in a car accident. Even glare from the sun can temporarily blind a driver thereby contributing to the cause of an accident.
When conditions that are beyond the driver’s control cause an accident, the driver may still be liable for damages resulting from a crash. For instance, if a driver does not slow down in heavy rains or fog, the driver's speed could be a contributing factor in the cause of the accident. Likewise, if a driver is speeding through a construction zone or is distracted and does not notice road debris, the driver’s actions could be factors in the cause of a crash.
However, a government entity or contractor could be liable for damages caused by hazardous road conditions. In an accident involving road conditions, several parties could be liable for damages.
Conducting an Accident Investigation to Determine Cause and Liability
It is important to conduct a thorough accident investigation to identify the cause of the crash and the parties who may be liable for damages. Under Louisiana’s personal injury laws, only parties who are at-fault can be held liable for damages arising from a car accident.
Our New Orleans car accident attorneys investigate crashes to identify all potential parties who might be liable for damages. We want to ensure that we identify all parties that might be responsible for damages to increase the chance that an accident victim receives full compensation for all damages.
Damages in a New Orleans Car Accident Case
Each accident claim is unique. The types of damages and the amount of compensation a victim may receive depend on the facts of the case. However, most car accident victims are entitled to receive compensation for damages including:
- Medical bills
- Loss of income
- Property damage
- Pain and suffering
- Out-of-pocket expenses
- Permanent impairment or disability