As Louisianans recover from a car accident, you may consider filing a lawsuit against another party for their involvement in your accident. In order to recover damages, you will most likely have to prove that the other party was at fault for what happened.
Proving fault in a car accident is not always easy, but there are certain things that can help your case. If police came to the scene of the crash, they most likely filed a report about the accident. These reports can contain a lot of evidence about who is liable for the accident and whether any traffic tickets were issued at the scene.
In some areas where police resources are limited, the parties involved will have to go to the nearest police station and report the accident. After the police report is filed, you may obtain a copy. If you find that there is a mistake on the report regarding fault determination, you may have a difficult time fixing it. However, it is possible to do so. Police departments have procedures in place for objecting to a report.
Louisianans may also want to look at traffic laws to help prove that the other driver was at fault. Having the exact wording of the code or law will help the case.
It is easier to prove fault in certain types of accidents. For example, if Louisianans are rear-ended by another vehicle, the driver who hit you is most likely at-fault. If a driver rear-ends you, it is likely that they were at fault for failure to leave enough room between their vehicle and yours. Nonetheless, you may also have been partially at fault, which may reduce your compensation.
Proving fault in a car accident can be challenging. But, the possibility of being compensated for your damages makes it worthwhile.
Source: FindLaw.com, “Car Accident Liability: Proving Fault in a Car Crash,” accessed on Feb. 15, 2016