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Negligence in Houma Car Accident Cases

Contributory and comparative negligence in Houma car accident cases most likely comes into play in an intersectional collision rather than a rear-end collision. In an intersectional collision, particularly where a traffic light is involved, one party may say they had the green light and the other party may say they had the green light. There is a comparison of the fault of both parties.

Contact an experienced car collision attorney regarding the determination of liability for your injuries. A lawyer can help you better understand the process of establishing negligence in Houma car accident cases.

Contributory vs. Comparative Negligence Jurisdictions

Houma is a pure comparative negligence jurisdiction. When the at-fault party is 100 percent at fault, the injured party receives full damages. If, after the conclusion of the investigation or litigation in the case, it is determined that the party bringing the claim, the person injured, was also at fault, that fault is compared.

When the at-fault party is 10 percent at fault, they get 90 percent of their damages. In some jurisdictions, when the fault of the injured party is more than 50 percent, they do not recover any damages, but that is not the case in Houma or in Louisiana; it is a pure comparative fault jurisdiction. When there are multiple parties, all parties’ fault are compared when determining the outcome of the case.

Determining Factors for Negligence in Houma Car Accident Cases

In an intersectional collision where the party at fault was leaving a parking lot or an intersection controlled by a stop or yield sign, but there is evidence that the injured party exceeded the speed limit, there may be some comparative fault on the injured party. If the injured party is within the speed limit and had the right of way, there is zero comparative fault. Another instance might be in a rear-end collision in Louisiana. The rear-ending vehicle is presumed to be at fault. However, if it is shown that the injured party that was rear-ended stopped their vehicle on a highway for no valid reason, there may be some comparative fault.

When an injured person claims personal injury damages beyond their property damage, they must have medical witnesses to prove their injury was caused by the accident. Therefore, it is important that they seek medical treatment if it is their intention to make a claim for damages. In Louisiana, all operators of motor vehicles must have insurance for negligence in Houma car accident cases. If the operator of a motor vehicle who is injured by the fault of another person wants to make a claim for their injuries, they must have liability insurance.

What Happens When Someone Does Not Have Insurance?

When someone’s insurance lapsed, or they are uninsured, they will experience a deductible on any personal injury claim of $15,000 even though they are zero at fault and the other party is 100 percent at fault. Often times, people are involved in motor vehicle crashes and their car is repaired. The insurer of the party at fault is required to provide substitute transportation while the car is being repaired.

When the vehicle is a total loss, meaning, the cost of repair is in excess of the value of the car, the insurer is obligated to pay the fair value of the vehicle and provide transportation for a reasonable time so the injured party can obtain a substitute vehicle.

Defining Special Damages

Injured parties are entitled to special damages for medical expenses, lost earnings, impairment in their ability to earn money in the future, and future medical expenses, and from the injury itself. In addition, there are also general damages which a party may be entitled to pain and suffering, mental pain and anguish, and impairment of enjoyment of living.

If an injured person is married, their spouse is entitled to consortium damages, if the injuries interfere in the relationship with the non-injured spouse. The same can be said for children. Another cause of action is when a close relative views the injuries of another caused by third-party negligence in Houma car accident cases, they can receive emotional damages also.