Car accidents can cause serious harm to people in Louisiana. Unfortunately, many of those crashes are caused by negligent drivers. Negligence has a specific legal definition that can be particularly important when pursuing compensation for damages caused in a car crash. In order for a driver to be found negligent, they must have violated their required duty of care for another driver. In general, motorists have a responsibility to drive safely and to protect other drivers and pedestrians.
It is important to show that the other driver was responsible for violating that duty. This can include video evidence of poor driving, breathalyzer test results, cell phone records or less objective methods like witness testimony or examination of skid marks. In addition, it must be shown that this dangerous behavior was the actual cause of the car crash. Drivers would not be held at fault if there was another cause that led to the collision.
In general, violations of the laws of the road can be one way to show negligence. Someone who speeds above the limit and then slams into another vehicle may be proven negligent by their failure to abide by the speed limit, leading to their inability to stop. Many states prohibit texting while driving and other forms of distraction. Even without a law in place, however, a driver engaged with a phone is failing to pay attention to the road.
Someone who has been harmed in a motor vehicle accident caused by someone else's negligence can pursue compensation for their damages. A personal injury lawyer can help an accident victim file a claim for their lost wages, medical bills and other losses.