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Comparative negligence and motor vehicle accidents

On Behalf of | Aug 17, 2020 | Motor Vehicle Accidents

A motor vehicle accident can be an overwhelming ordeal for an individual who has been accused of being the cause of the incident. After a collision in Covington, an individual may discover that they are being sued by the other person involved in their crash for damages related to their losses. When a personal injury lawsuit arises, getting legal help can be a useful step for a person facing a civil lawsuit.

This post does not offer any legal advice and provides only general information on negligence laws in the state. Specific help with legal problems should be directed to attorneys who are familiar with the individual cases and who can provide tailored advice and support.

Negligence: A common personal injury theory of law

Many vehicle accident cases are based on negligence, which purports that the allegedly responsible party did not act reasonably in the situation that gave rise to the alleged victim’s losses. In order to successfully plead a claim of negligence, an alleged victim must prove that the allegedly responsible party owed them a duty and that they breached that duty. They must prove causation between the actions of the allegedly responsible party and their losses. They must show that they suffered damages due to the actions of the other.

Comparative negligence in Louisiana

A claim based on negligence may be straightforward, but defenses and other legal strategies can help individuals who have been accused of causing personal injury losses. One such option is the theory of comparative negligence. Comparative negligence does not claim that the accused party is fully innocent, but rather that the allegedly victim was also, to some degree, responsible for their own losses. When an alleged victim is partially responsible for their own harm, the amount of damages that they can recover can be reduced in proportion to their percentage of responsibility for the accident that caused their losses.

Negligence is a complex legal concept. This post should not be read as legal counsel. Individual case support should be sought from knowledgeable personal injury lawyers.