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Hammond Rear-End Collision Lawyer

A rear-end collision is typically when a driver is stopped in traffic or at a traffic signal, and another driver is not keeping a proper lookout, following too close, or they are distracted and come into contact with the vehicle which is stopped. Rear-end collisions can lead to significant property damages and injuries.

If you or a loved one were severely injured in a car accident due to the negligent actions of another, a Hammond rear-end collision lawyer can help your case. They could review your claim to determine if it has merit and help you hold the responsible party accountable for their actions. Speak to a diligent car accident attorney to learn about how you may be eligible for compensation.

How to Establish Liability in Hammond

The first thing a skilled Hammond rear-end collision lawyer will do is investigate the case by obtaining the version of the incident from the injured victim and get the crash report from the investigating agency, Hammond City Police, Tangipahoa Parish Sheriff’s Office, or the Louisiana State Police. In most instances, the investigating officer will conduct an investigation and make a determination as to what occurred.

The investigating officer may ticket the rear-ending vehicle for:

  • Following too close
  • Driving in a careless manner
  • Failure to keep a proper lookout
  • Violations of the traffic ordinances of Hammond, Tangipahoa Parish, or the State of Louisiana.

If there were any traffic citations issued, the lawyer would seek to determine the outcome of the traffic citation. Any rear-ending driver who is found guilty or pleads guilty provides a factor that can be used in any subsequent civil proceeding for damages brought against the rear-ending driver.

The investigation can also consist of determining if there were any witnesses to the collision. Once it is determined if there were any witnesses, then statements may be obtained to confirm the liability in a rear-end collision. The investigating officers often will have dash camera videos or vest-mounted video cameras, so when they interact with the parties involved in the motor vehicle crash, any statement from the rear-ending driver admitting that they were not looking where they were going, or they were distracted, are recorded.

Photographs that show damage to the rear of the forward vehicle and damage to the front of the rear-end vehicle or the following vehicle also can be used to prove liability.

Assigning Fault In a Car Crash Case

Under Louisiana law, there is a presumption that the rear-ending vehicle is at fault, and that is based upon the ‘rules of the road’ that anyone following a car must keep a safe distance because they never know if the vehicle in front of them may have to stop. In addition, anyone who operates a motor vehicle on the highways of Hammond must keep a proper lookout for any conditions that may create an emergency that requires them to stop. They are required to keep their vehicle under control.

Comparative Negligence

The State of Louisiana follows the rules of comparative negligence, which means if a person is injured due to the fault of a rear-end following driver, the defense may have the option to claim that the injured claimant may likewise be at fault. It is unusual in rear-end collision cases for there to be any comparative fault of the driver in the front but, under certain conditions, that may be the facts.

If there is any fault of the forward vehicle, it is applied comparatively. Some jurisdictions have laws that, if the party bringing the claim is contributorily negligent in any matter, their recovery is barred. Under Hammond law, the fault is compared such that if the injured party was 20 percent at fault, the claim is not barred, but reduced by the comparison of fault. Therefore, a 20 percent at-fault driver would receive 20 percent less of the total damages. For more information about comparative negligence, reach out to a dedicated lawyer.

Speak to a Hammond Rear-End Collision Attorney Today

When a car accident occurs due to the negligent and reckless actions of another, the responsible party could be held liable in court. The liable party may be required to pay the injured claimant compensation for their damages and injuries. Speak to a Hammond rear-end collision lawyer to learn about what type of damages you may be eligible to recover.