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How Do Louisiana’s At-Fault Laws Affect Semi-Truck Crashes?


— July 18, 2022

The most important thing to remember when you file a personal injury lawsuit through Louisiana’s “at-fault” system is that you need to prove negligence.


For those who don’t know, states across the nation each have their own unique way of doing things when it comes to car accidents. Some systems are relatively common, while others are rarer. At the end of the day, however, each state gives genuine victims a clear path towards adequate compensation. Louisiana is no different – and if you understand the ins and outs of its “at-fault” system for car accidents, it’s much easier to pursue a settlement – whether you were injured by a semi-truck driver or any other negligent party. 

If you wish to pursue your settlement in a serious, efficient manner, it is important to get in touch with qualified, experienced attorneys as soon as possible. These legal professionals can guide you towards a fair, adequate settlement in a highly efficient manner. With their help, you can easily wrap your mind around complex at-fault laws. In truth, you don’t even need to fully understand these laws when you work with an attorney, as you can benefit from their expertise while you focus on healing.

What is an “At-Fault System?”

An at-fault system requires you to hold at least one other party liable in order to receive compensation for your accident1. In other words, you cannot file a claim if you simply crash your car into a tree, because there’s no one else to “blame.” This is in stark contrast to a typical “no-fault” state, which allows you to receive compensation without ever establishing fault or blame. 

What’s Important When Approaching Louisiana’s “At-Fault” System?

The most important thing to remember when you file a personal injury lawsuit through Louisiana’s “at-fault” system is that you need to prove negligence2. You can only receive compensation if you successfully prove that someone else’s negligence led directly to your crash and subsequent injuries. Proving negligence isn’t always easy, and this is why working with a qualified attorney is so important. Your attorney will be tasked with establishing the four “elements of negligence,” which are:

Gavel on copy of lawsuit; image by Wirestock, via Freepik.com.
Gavel on copy of lawsuit; image by Wirestock, via Freepik.com.
  • Duty of Care
  • Breach of Duty
  • Causation
  • Injuries

In other words, your attorney needs to prove that the driver that caused your crash owed you a duty of care, that they failed in this duty, that this failure led directly to your crash, and that this crash caused legitimate injuries. 

Where Can I Find an Attorney Near Me?

If you’ve been searching for New Orleans truck accident lawyers, there are many legal professionals who can assist you. These New Orleans accident lawyers can guide you towards a fair, adequate settlement that reflects the true extent of your damages. The at-fault system in Louisiana may seem daunting at first, but it becomes much easier to navigate with the help of a qualified attorney. Reach out and book your consultation today to approach this challenge with a sense of confidence and efficiency. 

Sources:

  1. https://wallethub.com/answers/ci/is-louisiana-a-no-fault-state-2140699279/
  2. https://www.law.cornell.edu/wex/negligence

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