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Lawsuits & Litigation

What Happens After a Car Accident That Is Not Your Fault?

— April 26, 2022

Even if you were partly to blame for your own crash, you can still recover compensation.

An injury after a Louisiana car accident is bad enough. But knowing that it was caused by someone else? That really adds salt to the wound. You may feel incredibly frustrated that someone else was foolish enough to drive recklessly, endangering your safety. You may also feel outraged at the prospect of paying for medical expenses out of your own pocket while the negligent driver continues with their life as if nothing happened. 

The good news is that you can take legal action, ensuring that guilty parties are held accountable. By getting in touch with a qualified, experienced car accident attorney, you can file a lawsuit and recover compensation for everything you’ve been forced to endure. Your settlement can reimburse you for medical expenses, missed wages, and a range of non-economic damages, like PTSD and emotional distress. It’s best to connect with a legal professional as soon as possible, because the statute of limitations may prevent you from taking action if you wait too long. 

Why Fault Matters in Louisiana 

Here’s the good news: if someone else caused your car accident, you already have a considerable advantage as you approach your lawsuit. This is because Louisiana is a “tort state,” meaning that in order to recover compensation you have to prove that someone else was to blame. So what does that entail, exactly? Essentially, it is your attorney’s responsibility to prove negligence on the part of the defendant. You don’t really have to worry about the details, but you may need to provide your attorney with evidence, such as medical records or photographs that you might have taken at the crash scene. 

There are four basic elements of negligence:

  • Duty of Care
  • Breach of Duty
  • Causation
  • Damages

This basically means that you must prove that the negligent party owed you a duty of care, they breached this duty, they directly caused your injury as a result, and the breach caused legitimate injuries. 

What if I Was Partly to Blame?

Texting while driving; image by Roman Pohorecki, via, CC0.
Texting while driving; image by Roman Pohorecki, via, CC0.

Even if you were partly to blame for your own crash, you can still recover compensation. This is due to Louisiana’s “pure comparative negligence” laws. Let’s say you were texting at the time the accident took place. As long as the other driver was partly to blame as well, you can still file a lawsuit. However, your total settlement amount may be lower if you engaged in any kind of negligence. 

Enlist the Help of a Qualified Attorney Today

If you’ve been searching for a qualified, experienced car accident attorney in Baton Rouge, look no further than Miller, Hampton & Hilgendorf. Over the years, we have helped numerous injured victims throughout Louisiana, including those who have suffered injuries due to car accidents. We know how important it is to hold negligent drivers accountable, and together we can keep our streets safe. Last but not least, we can also help you recover a considerable settlement for everything you’ve been forced to endure. Book your consultation today to learn more.

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