In all negligence lawsuits, there is an analysis of what a reasonable person would have done in the same situation.
Several different factors on the roads can contribute to a motor vehicle accident. Aside from the actions of the other drivers, there may be severe weather which makes it much more dangerous for drivers to get around safely. Things like decreased visibility, heavy rains, ice, and wind can all cause crashes if drivers are not careful. In any accident case, it is best for the victim to get advice from a lawyer to decide which course of action is best based on their personal situation.
Fact intensive cases
The weather and its impact on a driver may need to be analyzed thoroughly based on the specifics of the collision and all information that is available during an accident investigation. For example, it may be possible that the driver was careless or distracted while driving, and this was the actual cause of the crash rather than the weather. In this situation, the victim could certainly argue that the defendant was still at fault regardless of the weather conditions. Other times, the weather may have been so severe that there was little the driver could have done to avoid the crash.
The reasonable person standard
In all negligence lawsuits, there is an analysis of what a reasonable person would have done in the same situation. In car crash cases, this usually means looking at a reasonable driver versus the actions of the defendant to find any deviations from the standard of care. For situations with bad weather, this can include things like driving more slowly, having headlights turned on, using windshield wipers in the rain, looking out for hazards on the road surface, or even stopping until the most severe weather has passed. However, determining the way in which this reasonable driver standard is applied based on the weather and other road conditions will also be very fact intensive.
Comparative negligence in Louisiana
Another aspect of negligence cases in Louisiana is the application of comparative negligence. This means that even the driver who is the plaintiff in the lawsuit may be partially responsible for their own injuries and losses depending on their actions in the moments before the crash. Any plaintiff who is found to be partially at fault can still collect damages, by their compensation is reduced to correlate with their amount of fault.
Additional information from a Louisiana accident attorney
Anyone who has been involved in a crash in the Old Jefferson area can get in touch with a lawyer to receive advice during a consultation. Miller, Hampton, and Hilgendorf is a trusted local law firm that is focused on collision lawsuits.
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