How is fault determined in a car accident?

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If you’ve been in a Louisiana car accident, you might be wondering, who will be found at-fault for this accident? In Louisiana, fault is determined by insurance companies, or if they’re unable to reach an agreement, the court. Contributing factors to determining fault include the police report generated at the scene of the accident, your insurance claim adjuster and the other party’s, and the personal injury lawyer you hire.

Louisiana law operates under an at-fault system, meaning that the liable driver is required to pay all of the damages created by the accident. Louisiana is also a pure comparative negligence state, which means that each driver in an accident can be held partially responsible for the damages incurred. If that’s the case, each liable party will be responsible for a portion of the damages proportional to their level of fault.

As an example, imagine you’re in a car accident and total your car, a $15,000 loss, as well as receive $12,000 in medical care. You’re found to be 25% liable for the accident, and the other driver 75%. Even though you’re partially liable for your damages, you’re still eligible to receive compensation for 75% of your losses, or $20,250, from the other party.

Louisiana’s liability laws are complex, and can be confusing. When you’re hurt due to another person’s actions, you should be focused on healing, not on chasing after the compensation you need to heal. Gordon McKernan Injury Attorneys are experienced car accident injury lawyers who have 679+ years of combined legal experience, so you can trust us to fight for you.

When you hire Gordon McKernan Injury Attorneys, you’ll get a dedicated personal injury attorney who will help your case by interviewing witnesses, talking with medical and financial experts, negotiate with insurance companies on a fair settlement, and if necessary, represent you in court. We care as much as you do about winning your case and if we don’t win, you won’t owe use a dime—that’s the G Guarantee.

Give us a call today at 888.501.7888 for a free consultation about your options. When you Get Gordon, we’ll Get it Done.

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