According to the National Highway Traffic Safety Administration (NHTSA), aggressive driving is defined as “the operation of a motor vehicle in a manner that endangers or is likely to endanger persons or property.”
For over two decades, speeding has been a leading factor of aggressive driving. According to the Insurance Information Institute (III), aggressive driving has been involved in one-third of all fatal motor vehicle accidents in the United States. The III has also reported that aggressive driving was linked to 56 percent of all fatal car accidents from 2003 to 2007. Further examples of aggressive driving may include:
- Driving over the speed limit or too fast for conditions
- Driving on road shoulders
- Driving negligently, carelessly, or erratically
- Failing to yield
- Failing to abide by warnings or instructions posted on vehicles listing them
- Failing to use a turn signal
- Making an improper turn
- Racing
- Tailgating
In Louisiana, injuries on the roadways are rather common, as Louisiana State University’s Center for Analytics & Research in Transportation Safety discovered that over 72,000 people were injured in 2019 while driving along Louisiana roads.
If you or a loved one was recently injured in a motor vehicle accident in Lafayette due to aggressive driving, a Lafayette aggressive driving accident lawyer from Laborde Earles Injury Lawyers may fight to recover compensation on your behalf. To learn more about your legal recourse options, call our team at (337) 777-7777 to begin a free consultation.
Seek Medical Treatment After Your Car Accident
Car accident victims can take steps to address their health and safety that may also help protect their legal interests. Car accidents can vary in severity, so you should always seek medical attention to ensure you are not experiencing any injuries or symptoms.
For instance, you may experience severe injuries such as traumatic brain injuries (TBIs). The Centers for Disease Control and Prevention (CDC) reports that motor vehicle crashes caused 20 percent of all TBI-related hospitalizations in 2014.
If you have yet to visit a doctor or hospital after your Lafayette car accident, it is vital to your health and legal recourse potential that you do so. A doctor may be able to help you avoid a medical crisis if a potential side effect from your accident is discovered quickly enough.
From a legal standpoint, your Lafayette aggressive driving accident lawyer from Laborde Earles Injury Lawyers may utilize your medical records to prove that you suffered related injuries.
At-fault drivers and their legal teams may be able to argue that your injuries were caused by a different source or event besides the collision if these medical records are not present. To potentially avoid this conflict, it may be helpful that you seek medical attention as quickly as possible after your car accident.
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You May Recover Financially Through a Personal Injury Lawsuit
Under the Louisiana Civil Code, Art. 3492, the statute of limitations to file a personal injury claim against a person that caused your harm is one year. This means you have 12 months to build a case so that you can recover financially after your car accident. If you are unable to file a claim within this timetable, you may lose your legal right to earn compensation from an at-fault driver.
A Lafayette aggressive driving accident lawyer may help you determine how much compensation you might be entitled to collect. Every car accident case is unique, and the amount of money you seek will depend on your case’s facts.
Here are some potential damages you might be entitled to following a car accident caused by aggressive driving:
- Medical expenses
- Lost wages
- Decreased earning capacity
- Long-term care
- Noneconomic losses
- Wrongful death
To learn more about starting a personal injury claim, call Laborde Earles Injury Lawyers at (337) 777-7777.
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Personal Injury Cases Must Prove Negligence and Liability
According to the American Bar Association (ABA), “a driver has a duty to use reasonable care to avoid injuring anyone he or she meets on the road. If a driver fails to use reasonable care and as a result of that failure injures you, then the driver is responsible (liable) to you for those injuries.”
The ABA also provides an example of personal injury claims for motor vehicle accidents, stating that drivers must provide a duty of care to fellow drivers on the roadways. Thus, the driver that caused your car accident owed you a legal duty to drive safely and not act aggressively.
Once you have proven duty of care, you must also show that the driver breached this duty of care. According to the ABA, if drivers breach that duty and it results in your injury, you may recoup your losses.
Next, you must prove that negligence was the cause of your injuries and the entire accident. If the defendant was speeding or failed to yield when a traffic sign was present, which then caused the accident that led to your injuries, they may be held liable for your injuries. Finally, you must showcase measurable damages, which highlight quantifiable losses that you have suffered from the collision.
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Seek Justice With Laborde Earles Injury Lawyers for Aggressive Driving Accidents
At Laborde Earles Injury Lawyers, we are ready to help you and your family pursue compensation following a car accident caused by aggressive driving. After we assess your case through a free consultation, our team may determine if you are eligible for legal compensation.
The sooner you act, the sooner Laborde Earles Injury Lawyers can get started for you and your family. Call us today at (337) 777-7777 to get legal help from a Lafayette aggressive driving accident lawyer.
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