Rear-end collisions made up 15,309 of the 44,5587 total motor vehicle accidents in the state of Louisiana in 2019, according to the Louisiana Department of Transportation. No other type of accident even comes close to rear-end collisions. More than 1/3 of the rear-end collisions involved injuries, and nearly 12% involved fatalities.
If you got hurt in a rear-end collision and it was not your fault, you might be eligible for financial compensation for your losses. An Andrew Rear-End Collisions Lawyer could navigate through the insurance claim process and file a lawsuit if necessary, to go after money damages on your behalf.
At Laborde Earles Injury Lawyers, we help people who get injured due to the carelessness of others. You did not ask to be in a car crash. You should not have to deal with the frustration and stress of your legal claim while you are trying to get better. Our clients know that they can focus on healing from their injuries and rebuilding their lives because we are taking care of their legal matters.
We handle car accident cases on a contingent fee basis, which means that we get paid out of the settlement or award. You do not have to pay upfront legal fees.
You can call us today at (337) 777-7777 to get started. The initial consultation is at no charge, and there is no obligation.
Proving Elements for Liability in Rear-End Collisions
We cannot automatically sue the other driver without establishing fault. The way we hold the careless driver responsible for your losses is by proving all four of these elements for liability:
Duty of Care
The first factor we must prove is that the other driver owed you a duty of care. Generally, it is a simple matter to establish this element because everyone who operates a motor vehicle on a public street has a responsibility to drive with caution and obey the traffic laws.
Breach of Duty
It is negligence when a person’s actions do not satisfy the legal standard. Let’s say that you stopped at a red light. The driver of the car behind you was texting while behind the wheel. Failing to give one’s full attention to the act of driving breaches the duty to drive with caution and obey the traffic laws.
Causation
The careless act must be what caused the accident that harmed you. In this scenario, the driver slammed into the back of your vehicle because he was distracted by texting while driving. His negligence caused him to crash into your car and injure you.
Measurable Damages
You must have quantifiable losses to seek monetary compensation in a personal injury claim. Physical injuries satisfy this element of liability. If you got injured in the accident, you have measurable damages.
When we can prove all four of these factors, we can proceed against the responsible party for monetary compensation. An Andrew Rear-End Collisions Lawyer at Laborde Earles Injury Lawyers can evaluate the liability questions in these claims. You can call us today at (337) 777-7777 for a free consultation.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientDetermining Who Is at Fault in a Rear-End Collision
People often assume that the driver in the back is automatically at fault in a rear-end collision, but sometimes a different party can be at fault.
Driver in Front
In some situations, the driver in front causes the rear-end collision. Some drivers react to tailgaters by suddenly hitting the brakes, to scare the person following too closely. This maneuver has a high risk of causing a crash. When this happens, the driver in front can be responsible for the accident.
Also, an inattentive driver who notices something in the road at the last second, might brake quickly and without warning, giving the driver in the back insufficient time to avoid a collision. The driver in the front car can be at fault.
Third Party
If another driver veers into your lane, causing you to press the brake pedal suddenly, the driver in the back of you might hit you from behind. In this scenario, the driver who veered into your path could be liable.
Sometimes people outside of vehicles cause crashes. When this happens because of negligent or intentional acts, the individual who caused the accident can be accountable. For example, people on an overpass dropping items on the cars as they pass beneath can be the causative factor for crashes. Pedestrians playing a game of “chicken,” which involves running across the street in the path of oncoming traffic, can be liable for collisions they cause.
Government Agency
Poorly maintained roads can lead to car accidents, including rear-end collisions. Massive potholes or significant debris left uncorrected for an unreasonable amount of time could subject the government entity responsible for road maintenance to liability.
Of course, the driver in the back can be at fault if he causes a rear-end collision because of speeding, following too closely, distracted driving, or some other careless act. Typically, the driver in the back causes the rear-end collision. We will need to talk to you and investigate your claim to determine who can be accountable for the crash.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientLearn More by Contacting the Office of a Rear-End Collisions Attorney Today
At Laborde Earles Injury Lawyers, we help people who get hurt because of the carelessness of others. If you got injured or a close relative died because of a rear-end collision, you might be eligible for financial compensation. An Andrew Rear-End Collisions Lawyer could help you go after the money damages you deserve.
Please do not delay in contacting us, or you could lose your right to pursue compensation. The amount of time you have to file a lawsuit seeking money damages for your losses from a car accident is limited according to the Louisiana Civil Code (CC) Article 3492. If you miss the deadline, the law will prevent you from holding the at-fault person responsible.
You can call us today at (337) 777-7777 for a consultation. We do not charge for the first consultation, and there is no obligation.
