Determining Liability in Car Accidents Requires Years of Legal Expertise
If you want to recover damages following a car accident, one of the first things you must do is determine who was at fault for the incident. This process can be quite complex. Therefore, it is important to work with an experienced auto accident attorney like those at the Law Offices of Richard R. Kennedy. There are many factors that go into determining liability in car accidents. At our Lafayette, LA, firm, we will consider police reports, eyewitness accounts, and medical records, if applicable. There are also several laws specific to the State of Louisiana that may affect your case. Once we have established who was at fault for your accident, we will fight for the full amount of compensation that you deserve.
Liability in car accidents is determined through the analysis of the circumstances surrounding the accident and assigning fault to the involved drivers.
Who Can Be Held Liable for a Car Accident?
There are several parties who may be responsible for your accident. In some cases, more than one person may share liability. These parties can include:
- Another driver, especially someone who is distracted (such as texting on the road) or a drunk driver
- A car manufacturer (if a defective part played a role in your accident)
- State or municipal authorities (if poorly maintained roads contributed to the wreck)
Special Considerations in Louisiana
In Louisiana, we are a “comparative negligence state.” That means that if the court determines that you were partially at fault for an accident, they can deduct that amount from your damages. For example, if you were speeding when another driver swerved into your lane, the court may determine that you were 20% responsible. They will then subtract 20% of your damages.
Because there are so many conditions that can affect liability, it is important to work with an experienced car accident attorney.
In addition, Louisiana follows a “fault system.” Under these laws, when you are in an accident, you have three options. You can file a claim with your own or the other party’s insurance company. Alternatively, you can wage a personal injury lawsuit. Because we have lower insurance requirements than other states, suing can sometimes be in your best interest.
Steps to Determine Liability
To determine who was liable for your car accident, our attorneys will analyze all the circumstances surrounding the collision. To make this process easier, you should contact us soon after the incident, when evidence is still fresh. Once we take on your case, we will consider the following factors:
- Photos taken at the scene
- Eyewitness accounts
- Police reports
- Medical records
- Testimony from accident reconstruction experts
Why Choose the Law Offices of Richard R. Kennedy for Legal Assistance?
Because there are so many conditions that can affect liability, it is important to work with an experienced car accident attorney. We focus exclusively on personal injury cases. As a result, we are familiar with the most effective ways to determine liability. We are also well-versed with applicable Louisiana laws. At the same time, although we will fight aggressively on your behalf, we will offer you empathetic and personalized legal assistance. We will keep you fully informed about your case. Plus, you will always have access to legal counsel, even on evenings, weekends, and holidays.
Contact Us to Schedule a Case Evaluation
With our superior representation, you can focus on your recovery, knowing that your case is in experienced hands. To find out who might be held liable for your case, contact the Law Offices of Richard R. Kennedy today.