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Pure comparative fault may apply to car accidents in Louisiana

When a person in Louisiana is involved in a motor vehicle collision, the events that led up to the accident can be multifaceted. Of course, one party may have breached their duty to drive reasonably under the circumstances when they collided into the victim's vehicle. For example, they may have been drunk, they may have been speeding or they have run a red light at an intersection, causing them to crash into the victim's vehicle.

However, what happens if the victim also shares some responsibility for the crash? For example, what if they too were speeding, failed to use their turn signal or in some other way played a role in the crash? Can they still seek compensation through a personal injury suit from the other party?

In Louisiana, when the victim's own actions played a role in a car accident it may still be possible for the victim to seek compensation from the other driver. This is because the state follows the laws of "pure comparative fault." What this means is that if the victim is less than 100 percent at fault for the car crash, they can still pursue compensation through a personal injury lawsuit. However, the amount they may receive in damages depends on the percentage they were at fault. For example, if they incurred $100,000 in damages, but were 10 percent at fault for the crash, their award will go down to $90,000.

So, those who are concerned that they may have played a role in the car accident that injured them may still be able to pursue compensation from the other driver. The only caveat is that the amount they may receive in compensation will be reduced based on the percentage they were at fault. Of course, filing a lawsuit and determining compensation can be complex and can be highly dependent on the facts of the victim's particular case. Therefore, this post does not contain legal advice nor does it promise any particular outcome of one's case. Therefore, those considering filing a personal injury lawsuit following a car accident will want to make sure they understand how the law will apply to their situation before proceeding.

Source: FindLaw, "Louisiana Car Accident Compensation Laws," accessed May 8, 2018

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