In some car accident cases, it is clear that one driver is 100 percent responsible for the cause of the crash. However, there are wrecks in which both drivers may have partially contributed to the cause of the accident. Under Louisiana law, contributing to the cause of a crash does not necessarily prevent you from recovering money for your damages. In those cases, the legal theory of comparative fault is used to determine the amount of compensation you may receive for your damages.
Speeding vs. Failing to Yield the Right of Way
If you were speeding when another driver turned in front of you causing a crash, a jury might find that you both contributed to the cause of the crash. In this case, it becomes an issue of how much you contributed to the cause of the crash compared to the other driver. The jury must assign a percentage of fault to you for exceeding the speed limit and a percentage of fault to the other driver for failing to yield the right of way. The total for both must equal 100 percent.
Once the jury assigns a percentage of fault, Louisiana’s pure comparative fault laws will determine how much compensation you can receive. Under the law, your compensation is decreased by the percentage of responsibility assigned to you for the wreck. Therefore, if the jury found that you were 30 percent at fault, your compensation will be reduced by 30 percent.
In other words, if you incurred $250,000 in damages, the most you could receive would be $175,000 (the total damages less 30 percent). Therefore, while speeding may not prevent you from receiving any compensation for your injuries, comparative fault can significantly reduce the amount of money. If you know you were speeding or otherwise contributed to the cause of the accident, it is important to hire an attorney with experience handling car accident claims who will fight to prove the other driver is 100 percent at fault or as close to 100 percent at fault for the crash as possible.
Proving Fault in a Car Accident Claim
There are several steps we take to gather evidence to prove fault in a car accident case. One way to prove fault is through eyewitness testimony. Another way is to use the physical evidence from the accident scene to reconstruct the collision to show how the crash occurred. In addition, we can search for video evidence of the crash from nearby surveillance video. Our attorneys use a variety of resources and experts to help prove that the other driver caused the crash. We want you to receive the money you deserve for your injuries and damages.
Call Now for a Free Consultation with a New Orleans Car Accident Lawyer
Contact Attorney Fred Olinde of The Olinde Firm by calling (504) 587-1440 or 1-800-587-1889 to request a free consultation with a New Orleans accident attorney. We encourage you to take advantage of a free appointment to learn about your legal rights and options regardless of whether you believe you are partially at fault for a crash.