What If the Insurance Company Says Your New Orleans Car Accident Was Your Fault?
After a New Orleans car accident, the other driver’s insurance company may claim that you caused the crash or that you were partially responsible for what happened. Hearing this can be frustrating, particularly when you are dealing with injuries, medical expenses, and other losses. It may also leave you wondering whether being blamed by an insurance company means you cannot recover compensation.
The good news is that an insurance company’s position is not the final word on who was legally responsible for a New Orleans car accident. In addition, Louisiana’s comparative fault law addresses situations in which more than one person may have contributed to an accident. Here we discuss what comparative fault can mean for injured New Orleans car accident victims and how an experienced New Orleans personal injury lawyer can help fight for you.
What Is Comparative Fault Under Louisiana Law?
Louisiana personal injury law recognizes that responsibility for an accident may sometimes be shared. Under Louisiana Civil Code Article 2323, in an action involving injury, death, or loss, the “degree or percentage of fault of all persons causing or contributing to” the harm is determined.
The statute also addresses situations in which an injured person was partly negligent and another person was also at fault. In those circumstances, the damages the injured person can recover may be “reduced in proportion to the degree or percentage of negligence” attributed to that person.
The Insurance Company’s Opinion Does Not Necessarily Determine Fault
An insurance company may investigate a New Orleans car accident and take the position that you were responsible for some or all of the crash. However, injured New Orleans accident victims should not necessarily assume that an insurer’s assessment accurately determines legal responsibility.
Evidence can be critical when fault is disputed. Depending on the circumstances, police reports, photographs, video footage, witness statements, vehicle damage, and other evidence may help establish how a New Orleans car accident occurred and who was responsible.
An experienced New Orleans personal injury lawyer can investigate the accident, gather available evidence, and fight back when an insurance company attempts to place responsibility for a crash on you.
What Should You Do If an Insurance Company Blames You?
If an insurance company claims that you caused your New Orleans car accident, it is time to seek out an experienced New Orleans personal injury lawyer. An experienced New Orleans personal injury lawyer can review the circumstances of the crash, evaluate the evidence, communicate with insurance companies on your behalf, and fight to protect your rights under Louisiana personal injury law.
Finding Legal Help in New Orleans
Disputes over fault can have significant consequences for a New Orleans car accident claim. An experienced New Orleans personal injury lawyer can investigate who caused the crash, challenge attempts to unfairly place blame on you, and fight for the compensation you may be entitled to receive under Louisiana law.
The experienced New Orleans personal injury lawyers at Lunsford Baskin & Priebe, PLLC fight for injured car accident victims throughout Louisiana. Contact Lunsford Baskin & Priebe, PLLC today and speak with an experienced New Orleans personal injury lawyer about your case.
