When you are injured in an accident, it is possible that you could be found partially liable for causing your own injuries.
1 min read
Louisiana Personal Injury Tip: Comparative Fault
When you are in an accident, it is possible that you may be found partially liable. In Louisiana, we call this concept "Comparative Fault"; this is when you are found partially liable for causing your own injuries.
For example, suppose a driver happened to be speeding and although that driver had the right of way when driving through the intersection, another driver runs the red light and makes impact with the driver that had the right of way; but, unfortunately was speeding through the intersection...the driver having the right of way could be held partially liable for causing his or her own injuries due to their violation of speeding under the rule of "Comparative Fault".
As a consequence that driver's damages will be reduced by their portion of fault that is attributed to them for speeding through the intersection where the accident occured. So let's do the math:
Let's assume that the driver is awarded $100,000 in court for their damages and the court finds that they were 10% at fault for the accident. Under the "Comparative Fault" rule that driver's damages will be reduced by $10,000 making their total damage award $90,000.
Today's tip is to follow the rules of the road when driving to eliminate the potential of being held partially liable for any damages sustained as the result of an accident.
A member of our injury team is ready to assist you with meeting with an experienced injury lawyer that will discuss the details of your case with you free of charge.
We will answer any questions you may have, advise you of all of your legal options, and give you a professional opinion on the merits of your claim to include a recommendation of your next steps toward recovery and compensation.