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Proving Fault in a Louisiana Car Accident.

Filing a legal claim after a traffic accident in Louisiana starts with the question of who was at fault. No matter how serious your injuries and how big the material damage, if you can't establish the other party's negligence, if you can't show that someone else is liable for what happened, you cannot file a claim.

In many cases, if common sense tells you that a driver, motorcycle rider, cyclist or pedestrian was negligent or acted carelessly, you will still have to be precise and rely on documented evidence. Places to start looking are:

Witnesses: In all instances where the relative position of the collided vehicles does not establish clearly what happened, it may be essential to collect statements from witnesses. Because your own declarations are deemed to be subjective - after all you are the plaintiff - witness testimonials are considered reliable sources because they are generally considered neutral.

Police Reports: If the police came to the scene of the crash, which is generally the case when injuries were involved, a police report will describe the accident, generally referring to traffic law violations and sometimes mentioning who or what caused the accident. The report will also mention if the officer issued a citation.

State Traffic Laws: The local "Rules of the Road" will tell you the specific listings that are applicable to the accident. Did the other vehicle pull a trailer without lights? What is the speed limit in the absence of signage? Was this teenage driver allowed to drive alone at night?

Rear-End Crashes: Certain kinds of accidents establish with near certainty the driver who was at fault. If you were rear-ended, you are virtually never at fault, regardless of the reason for stopping. The rule behind is that a vehicle should always keep a safe distance with the vehicle in front and be able to stop when the front vehicle stops. The damage to the two vehicles is seen as evidence, which is why such cases are seldom challenged. In a pileup crash, each vehicle is supposed to be compensated by the one behind, and to pay damages to the vehicle in front.

Left Turns: In another kind of no-doubt situation, a car making a left turn is almost always liable for a collision with a vehicle coming straight in the opposite direction. The rule may not apply if the car traveling straight is speeding or rides through a red light.

In Louisiana, the rule of comparative negligence applies, which means that if your own negligence has contributed to the accident, a percentage will be attached to your responsibility and will come in deduction of the settlement you are entitled to receive. For instance, if you were rear-ended but your brake or tail lights did not function, your negligence could be established at 10 percent, which would result in your receiving only 90 percent of the compensation.

If you have been involved in a car, motorcycle or truck accident, contact the traffic accident attorneys of the Young Firm in New Orleans immediately for a free, no commitment evaluation of your case.

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