In Louisiana, there is also the possibility that an at fault driver who was intoxicated will have to pay out punitive damages to an accident victim.
Drivers who are responsible for property damage and injuries will usually have to pay for the losses that they caused. In many cases, liability coverage through their insurance will offer financial protection so that the individual driver will not have to pay. This is because the victims have the ability to bring a lawsuit, which argues that certain negligent behaviors were the cause of the accident, and the driver responsible violated their duty of care on the roads. An attorney can help with this process and find out what specific actions may have been relevant to an accident through their investigation of the evidence.
Distracted driving
The use of cellphones and electronic devices in cars has become one of the leading causes of all accidents. Louisiana has even passed distracted driving laws that outline when the use of electronic devices is permitted. This is because the driver’s eyes may be taken off of the road for several seconds at a time, and they will not be able to see any obstacles in their way. If the driver receives a citation for distracted driving, or if there is evidence from witnesses that the person was on their phone when the accident happened, this may be strong evidence of negligence.
Drunk driving accidents
Driving under the influence of drugs and alcohol has been illegal in every jurisdiction in the United States for decades. Drunk drivers may face criminal charges and arrest, and this is another example of strong evidence of negligence if the driver is sued by the victim in civil court as well.
In Louisiana, there is also the possibility that an at fault driver who was intoxicated will have to pay out punitive damages to an accident victim. This is meant to punish the driver’s behavior, and it is also the only time the state allows punitive damages in accident cases.
Speeding
Excessive speed is among the most common traffic violations, and speed limits exist to help prevent accidents from happening. Whether the driver who caused an accident receives a citation or not, speeding is likely to result in a crash if the driver cannot stop in time. If this kind of behavior is presented in court, this is another possible way that the victim can show negligence by the defendant.
Assistance after a motor vehicle accident
Miller, Hampton, and Hilgendorf is an accident firm that works with local clients in Lemannville and other parts of Louisiana. They can provide advice about injury lawsuits and related matters to help with the process to receive compensation.
Join the conversation!