When a Louisiana resident is injured in a car accident with another driver, they often end up making broad statements such as “it was the other driver’s fault”. When used in a legal case, the word fault takes on another meaning and simply making such statements will not bring about legal liability. Instead, Louisiana’s fault system means that the accident victim must prove the other driver was at fault before damages can be recovered from them.
Demonstrating who is at fault is often a complicated task and many times one driver alone is not responsible for the crash-both drivers have contributed to the accident, but it could be said that one driver played a bigger role. Does this mean the other driver should not be able to receive compensation for the injuries they have sustained?
In Louisiana, the pure comparative fault system is followed. This means that the accident victim can recover damages as long as the victim is less than 100 percent responsible for the accident-even if the victim is found to be 99 percent at fault, they would still be able to receive compensation because they are not fully at fault. However, their compensation will be proportionate to their fault-so someone who is 99 percent at fault may still be able to receive $100 of compensation for $10,000 in damages.
Proving fault can be complicated, especially when it comes to breaking it down into percentages. When one is trying to recover from their injuries in the aftermath of an accident, the last thing they may want to do is wade through the complex legalities surrounding the comparative fault system. Rather that simply accept the first settlement offered to them in an attempt to move on, it may be beneficial to consult an experienced attorney for guidance on how to get the best outcome possible.
