Louisiana car accidents are not always black and white. Sometimes, both drivers are to blame for the collision, which means the fault is shared between the two. Louisiana has a comparative fault law, which comes into play in those situations.
Inzina Law Injury Attorneys can meet with anyone hurt in a car wreck. Our firm has negotiated generous settlements for our injured clients, but we need to hear from you first. Give us a call. A Lafayette car accident lawyer can meet to talk about what happened and how you were injured. We will also discuss whether you were partially to blame for the wreck and what we can do to minimize your own share of fault.
Can Both Drivers Be At Fault?
Fault for a Louisiana car accident is determined by looking to see if either driver was negligent. As a society, we expect motorists to make sensible choices behind the wheel and to drive carefully. When they don’t, they are negligent.
Unfortunately, motorists make all sorts of mistakes:
- Texting and driving—This is an increasingly common reason drivers miss seeing a motorist right in front of them and get into a wreck.
- Speeding—A driver going over the speed limit needs more time to stop and has less time to react when a car pulls in front of them. A speeding motorist is negligent.
- Tailgating—Following too closely means drivers have less time to stop and avoid a rear-end collision. Drivers should allow several seconds between them and the car in front.
- Illegal passing—Passing around a turn is a risky maneuver, leading to many head-on collisions.
- Drowsy driving—Tired drivers can’t take defensive action in time due to delayed reflexes. They might even fall asleep behind the wheel and crash at high speeds.
- Failing to yield—A driver who doesn’t yield can easily smash into a car because the other driver expected them to follow the rules of the road.
- Intoxication—Drunk drivers are a clear risk to public safety, and it is reckless to drive after drinking or after doing drugs, including prescription drugs that cause impairment.
In some accidents, only one driver is to blame for being negligent. But in other situations, both drivers could be negligent. Here are some examples we have seen where both drivers are negligent in some way
- One driver was distracted by a child in the backseat and drifted over the median, but a motorist coming the other way was on her phone and distracted, so they crashed.
- A speeding motorist ran a red light, but a driver coming through the intersection was distracted by reading a text message.
- A driver made a left-hand turn when oncoming traffic was too close, and a speeding motorist coming in the other direction clipping her.
- A careless driver failed to use a turn signal and slammed on the brakes, causing a tailgating driver to crash into her.
In these situations, both drivers have failed to drive carefully, so each was at fault. Their fault might not be equal. Indeed, one driver might have more blame than the other—but they are both to blame.
Effect when Both Drivers at Fault in a Louisiana Car Accident
What happens if you were partially to blame for your accident? In some states, any negligence on a person’s part will prevent them from receiving any compensation. That means someone who was only 1% at fault could be prevented from receiving even a dollar in compensation.
In other states, a victim cannot receive compensation if their share of blame is over a certain threshold, such as 49% or 50%.
Louisiana is different. Article 2323 of the Civil Code spells out our comparative fault law. Essentially, you can seek compensation regardless of fault. You can even be more than 50% to blame. However, your share of compensation is always reduced by the percentage of negligence attributable to you.
Suppose you are 60% to blame for an accident. Your damages total $80,000. You can only receive 40% of these damages due to your comparative fault. So you can receive, at most, $32,000.
The same is true if you were 20% at fault and your case was worth $100,000. Here, you would receive at most $80,000.
Your share of fault matters considerably. The greater your share of blame, the less you get to take home to cover medical bills and replace lost wages. Our Lafayette car accident lawyers advocate to minimize our clients’ share of blame.
Comparative Fault and Car Accident Settlements
Most of our clients receive a settlement, which means they don’t need to go to trial. Who decides your percentage of negligence or fault in a settlement?
The answer is: your legal team will negotiate with the defendant or their insurance company to allocate fault. This is something we negotiate, along with the value of your injuries.
It’s a good idea to contact us early. We want to jump in and gather as much evidence as possible. We can then use the evidence to argue your share of blame is minimal.
The other side will also begin gathering evidence to argue your share of fault is larger. They have a common reason to do this: they will pay less if they can increase your share of fault.
If we can’t reach an agreement on fault, then your case might go to trial. This is even more likely if each side remains far apart after months of negotiation and mediation.
Were Both Drivers at Fault in Your Case?
The lawyers at Inzina Law Injury Attorneys have experience finding useful evidence in these cases:
- Witnesses
- Cell phone records
- Physical evidence
- Dash cam or nearby security video
Based on this evidence, we can piece together what happened. Driver admissions are also critical.
The other driver might have apologized for following too closely or not paying attention. We can use these admissions to bolster your claim.
Schedule a Free Consultation
We have won many car accident settlements for injured clients, and we are always looking for new clients to help. Call our firm if you’d like to schedule a time to meet.