650 Poydras Street, Suite 2300, New Orleans, LA 70130
Blog

Our lawyers at Favret Carriere Cronvich are determined to educate our clients on any issues that may concern them. We are dedicated to doing the work and research to stay up to date on any pressing and breaking legal matters.

How is fault determined in a Louisiana car accident? 

Car accidents can happen suddenly, leaving drivers and passengers in a state of confusion and distress. One crucial aspect of navigating the aftermath of a car accident is determining who is at fault. In Louisiana, fault plays a significant role in establishing liability and seeking compensation. This blog post aims to provide a comprehensive guide on how to determine fault in a car accident in Louisiana, outlining the key factors and considerations involved. 

1. Louisiana’s Comparative Fault System:  

Louisiana follows a comparative fault system, specifically the “Pure Comparative Fault” rule. Under this rule, each party involved in the accident can be assigned a percentage of fault, even if one party is primarily responsible. The compensation awarded to the injured party is then reduced according to their assigned percentage of fault 

 

2. Police Reports and Accident Scene Investigation:  

Following a car accident, the police often arrive at the scene to investigate and create an official police report. This report can provide valuable information regarding the accident, including statements from drivers and witnesses, diagrams of the accident scene, and the officer’s determination of fault based on their investigation 

 

3. Eyewitness Testimony:  

Eyewitnesses can play a crucial role in determining fault in a car accident. Their unbiased accounts of the events leading up to the accident can provide additional perspectives and help establish a clearer picture of what occurred. Collecting contact information from witnesses and obtaining their statements can strengthen your case 

 

4. Traffic Laws and Violations:  

Traffic laws exist to ensure the safety of all road users. Violations of traffic laws can be a strong indication of fault in a car accident. Determining if any party involved violated traffic laws, such as speeding, running red lights, failure to yield, or improper lane changes, can help establish liability 

 

5. Vehicle Damage and Accident Reconstruction:  

Examining the damage to the vehicles involved in the accident can provide insights into the dynamics of the collision. Expert accident reconstruction specialists may be employed to analyze the physical evidence and reconstruct the sequence of events, helping to determine fault based on the evidence at the scene 

 

6. Witness Statements and Personal Accounts:  

Obtaining statements from drivers and passengers involved in the accident is crucial. Each party’s account of the events leading up to the collision can provide valuable information about factors such as right of way, visibility, and any potential negligent actions that contributed to the accident 

 

7. Video Evidence and Surveillance Footage:  

In the age of technology, video evidence from traffic cameras, dashcams, or surveillance cameras near the accident scene can be instrumental in determining fault. These visual recordings can capture the events leading up to the accident and provide an unbiased account of what occurred 

 

Determining fault in a car accident in Louisiana is a crucial step in seeking compensation for injuries and damages. Considering factors such as police reports, accident scene investigation, eyewitness testimony, traffic laws, vehicle damage, accident reconstruction, witness statements, and video evidence can help establish liability. If you find yourself involved in a car accident, it is advisable to consult with an experienced personal injury attorney who can guide you through the legal process, gather evidence, and advocate for your rights. Understanding the process of determining fault can help you navigate the aftermath of a car accident more effectively. 

Remember, you don’t have to navigate this challenging process alone. Our experienced team of lawyers at Favret Carriere Cronvich, LLC is here to guide you every step of the way. Contact us today for a free consultation.

Call 504-383-8978 for a FREE 15 minute consultation, or fill out form