Vehicular accidents include car crashes, truck wrecks, and motorcycle crashes. Regardless of the type of motor vehicle involved, an accident victim has a legal right to pursue compensation from anyone who was at fault. In some cases, a plaintiff may also enlist a car crash lawyer to sue someone other than the person who caused the accident, such as the motorist’s employer or the manufacturer of one of the vehicles involved. If you have been hurt by a careless driver or a defective vehicle, the knowledgeable Lafayette vehicular accident attorneys at Broussard, David & Moroux can help.
Taking Legal Action After a Vehicular AccidentUnder Louisiana law, someone who has been involved in a vehicular accident may pursue full compensation for any injuries suffered in the collision. A driver or another defendant will be negligent and liable if they breached a legal duty owed to the victim and if this breach of duty was the proximate cause of the crash. Some common injuries that may result from motor vehicle collisions include broken bones, sprains, bruises, lacerations, herniated discs, concussion or brain damage, amputations, spinal cord injuries, or paralysis.
Vehicular accident cases are often fiercely contested, since defendants and their insurance companies typically are reluctant to admit fault. Defendants in car crash cases may assert that the plaintiff also was at fault for the accident. Under the principle of comparative fault, a defendant will be required to pay less than full damages to a plaintiff who is proven to have been partially at fault. For example, if a jury decides that the defendant was 75% at fault, and the plaintiff was 25% at fault, the defendant only needs to pay the plaintiff 75% of their full amount of damages. These typically include medical expenses, lost wages, pain and suffering, property damage, and future costs related to lost earning capacity and medical treatment.
Sometimes a plaintiff may not be able to identify the defendant because of the circumstances of the crash. In hit and run accidents and collisions in which the at-fault vehicle operator left the scene, the plaintiff may have no choice but to proceed against their own insurance company, assuming that they have uninsured motorist coverage. The plaintiff may also need to rely upon their own insurance to some degree if the defendant is insured but only has minimal liability coverage. In these cases, the plaintiff may proceed against their uninsured/underinsured motorist carrier, but the case will still be adversarial in nature, since the insurance company stands in the shoes of the negligent uninsured or underinsured driver during the litigation.
Consult a Lafayette Attorney for a Vehicular Accident CaseThere are many potential causes of vehicular accidents, such as driving while intoxicated, distracted driving, speeding, failing to yield, or disregarding the rules of the road. If you have been hurt in a collision caused by a careless or reckless motorist, the Lafayette vehicular accident lawyers at Broussard, David & Moroux can guide you through the process of filing a claim against any party that caused your injuries. We represent injured motorists, passengers, and pedestrians in Lafayette, New Orleans, Baton Rouge, New Iberia, Eunice, Lake Charles, and Alexandria, as well as other communities in Lafayette, Orleans, East Baton Rouge, Iberia, St. Landry, Calcasieu, and Rapides Parishes. Call us at 888-337-2323 or contact us online for a free appointment.