How is Fault Determined in a Car Accident?

If you’ve been in a Louisiana car accident, you’re probably wondering who’ll be found at fault for this accident. In Louisiana, fault is decided by the parties involved, their respective insurance companies, or if an agreement cannot be reached, a civil court.

There are multiple contributing factors determining who will be found at fault, including

• Details of the accident
• The police report from the scene of the accident
• Your insurance adjuster and the other party’s
• The car accident injury lawyer you hire
• and others

After your accident, you could be hurt, facing thousands in medical bills or property damage, and wondering where to turn. We understand. The personal injury lawyers with Gordon McKernan Injury Attorneys have decades of experience helping the people of Louisiana become whole again after devastating accidents. Give us a call today for a free consultation on your case, and to begin the path toward healing.

The Process of Determining Fault After a Car Accident

Determining who to hold accountable for the damages after a car accident is no easy task. Each party involved must provide information as to what happened, and witnesses should be interviewed for their statements and recollections.

After you contact your insurance company, they’ll begin determining who caused or contributed to the crash. Once consensus is reached as to who was responsible for the accident, and in what proportions, those drivers’ insurance companies will cover the injured parties’ medical bills, property damage costs, and other costs.

What If the Fault Is Unclear?

In many situations, it’s not immediately clear who’s at fault for an accident. This is where witness testimony and physical evidence can help the process. If multiple witnesses corroborate on what happened, it can solidify the case, as well as evidence including

• Traffic camera footage
• Photographs of the scene
• Skid marks
• Vehicle damage

If police were at the scene, they should have filed a police report stating their impressions of the situation when they arrived. This report can serve as important evidence in your case, so always call 911 after a car accident, and always file a claim with your insurance as soon as possible.

Louisiana’s Pure Comparative Negligence System

Under Louisiana law, liability is determined by an at-fault system, which means that the liable driver is required to pay all damages the accident caused. This is in contrast to no-fault states, where each driver’s insurance company will cover expenses for their injuries and damages separately.

Louisiana is also a pure comparative negligence state, meaning that each driver involved in a traffic accident can be held partially responsible for the damages incurred. Under this scheme, each liable party is responsible for a portion of the total damages proportional to their liability.

For example, let’s say Bob and Alice are involved in a car accident on I-10. Bob’s car is totaled—a $15,000 loss—and he requires $12,000 in medical care, for a total of $27,000 in damages. Even if he’s found to be 25% liable for the accident, he’ll still be eligible for up to 75% of his losses, or $20,250, from Alice.

How long will my car accident case take?

A car crash injury claim can take anywhere from a few months to a few years to resolve. Louisiana’s statute of limitations requires claimants to file a claim within a specific timeframe of the date of their injury:

In 2024, Louisiana law extended the statute of limitations for personal injury claims occurring on or after July 1, 2024, from one year to two years. Any injuries that occurred before July 1, 2024, will still have a 1-year statute of limitation. Learn more about Louisiana’s New Statute of Limitations here.

• 1 year for injuries sustained before July 1, 2024.
• 2 years for injuries suffered after July 1, 2024.

The vast majority of personal injury cases do not go to court. It’s cheaper, easier, and takes less time for everyone to settle out of court. That’s why we’ll talk to your insurance company for you to help you secure a fair settlement for your injuries—and if they won’t play ball, we’ll represent your interests in front of a judge and jury.

Why Do I Need a Louisiana Car Crash Injury Lawyer?

Louisiana’s liability laws are complex and confusing. When you’re hurt because of someone else’s actions, you should focus on healing, not on chasing after the compensation you deserve. Gordon McKernan Injury Attorneys are experienced personal injury lawyers with over 679 years of combined legal experience, so you can trust us to fight for you.

When you hire Gordon McKernan Injury Attorneys, a dedicated personal injury attorney will take on your case. We’ll collect evidence, interview witnesses, consult with experts, negotiate for a fair settlement, and even argue your case in court. We care as much as you do about winning your case—in fact, you don’t owe a dime until we do.

Call us today at 888.501.7888 for a free consultation about your legal options.