• About
    • Our Attorneys
    • Verdicts and Settlements
    • Community
      • Sponsorship Request
      • Partnerships
      • Project Backpack
    • Testimonials
    • Scholarships
      • Cancer Scholarship
    • Careers
    • Our Core Values
  • Practice Areas
    • Car Accident
    • Truck Accident
    • Motorcycle Accident
    • Product Liability
    • Mesothelioma
    • Workers Compensation
    • Dog Bite
    • Slip and Fall
    • Wrongful Death
    • Maritime Injury
    • Pedestrian Accident
    • Dangerous Drugs
    • Defective Devices
    • Mass Torts
    • Premises Liability
    • View All Practice Areas
  • Areas we Serve
    • Lafayette
    • Alexandria
    • New Iberia
    • Marksville
    • New Orleans
    • Monroe
    • Arnaudville
    • Baton Rouge
    • Breaux Bridge
    • Broussard
    • Cankton
    • Carencro
    • Cecilia
    • Duson
    • Cade Coteau
    • Grand Coteau
    • Lake Charles
    • Opelousas
    • View All Areas We Serve
  • Resources
    • Blog
    • FAQs
    • Videos
    • For Referring Attorneys
  • Hurricanes
  • Contact Us
Available 24/7 • 365 Days (337) 777-7777 Hablamos Español
(337) 777-7777 Hablamos Español
No Win - No Fee AVAILABLE 24/7

Does Right of Way Determine Fault?

Put 350 Years of Experience in Your Corner GET A FREE CASE EVALUATION
Your Voice is Our Voice
Attorney David Laborde | Attorney Digger Earles
  1. Home
  2. FAQs
  3. Does Right of Way Determine Fault?
On This Page
  1. We Will Investigate to Prove You Had the Right of Way
  2. Damages We Can Help You Recover
  3. Contact One of Our Personal Injury Team Members Today
Contact Us Today

Get The Help
You Need

I NEED HELP NOW

Your personal injury lawyer can help you calculate your recoverable damages, which may include:

  • Medical Bills
  • Income Loss
  • Property Damage
  • Pain & Suffering
  • Emotional Distress
  • Lasting Disfigurement
Does Right of Way Determine Fault?

Louisiana is a fault state, which means the driver who has the right of way is not likely to be at fault in an accident. When police and insurance agents assign liability for the collision, they use negligence to prove the at-fault driver caused the accident. Fault is proven by the at-fault driver’s breach of their duty to provide ordinary care for others while on the road.

If you or a loved one were involved in an accident where right of way determines fault, the personal injury team at Laborde Earles Injury Lawyers can examine the details of your accident to prove you had the right of way and that the other driver failed to yield. We can also help you seek financial compensation for any injuries you sustained and for the expenses and losses that stem from your injuries, including pain and suffering.

We Will Investigate to Prove You Had the Right of Way

Louisiana Office of Motor Vehicles guidelines instruct drivers not to challenge the right of way when merging, allowing pedestrians to cross in the crosswalk, at four-way stop signs, and when encountering emergency vehicles. If you had the right of way in the accident you were involved in, we can use traffic lights and signs, witness testimony, and your accident report to prove it.

When a driver fails to yield the right of way, they endanger themselves and others on the road and may face criminal penalties that threaten their driving privileges. They also bear financial responsibility for the accident.

Louisiana Right of Way Laws

We use state traffic laws to prove the at-fault driver violated or ignored the right of way and is responsible for compensating you. Louisiana laws that govern the right of way for drivers and pedestrians include:

  • RS Art. 32:212 – Pedestrians in crosswalks
  • RS Art. 32:232 – Vehicles at traffic signals
  • RS Art. 32:122 – Left-turning vehicles
  • RS Art 32:123 – Stop signs and yield signs

When you sustain injuries and property damage in a failure to yield car accident, you have the legal right to pursue financial compensation. You also have the right to legal representation that will help you prepare your personal injury case.

CTA CTA

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.

Client
Call Us Today We Are Here For You
(337) 777-7777

Damages We Can Help You Recover

The driver who failed to yield the right of way in an accident can be held legally liable for your expenses and losses. CC Art. 2315 allows you to seek recoverable damages such as:

  • Current and future medical bills
  • Current and future lost wages
  • Treatment-related travel costs
  • Physical disability and disfigurement
  • Physical and emotional pain and suffering

Our personal injury team will help you create a detailed list of eligible damages and ensure that the value assigned to your car accident case is accurate.

How We Prove the Value of Your Damages

When we pursue compensation from the at-fault driver, we build your case file with evidence in two categories — proof of liability and proof of value. As part of our investigative process, we collect the following evidence:

  • Medical records and bills that prove the cause and cost of your injuries
  • Written prognosis that proves the cost of future anticipated medical care
  • Employment and salary history records that prove the amount of income you lost
  • Car accident report that proves the accident’s cause and contributing factors

We also collect all available injury and accident scene photos and video footage. This may include police-generated images of the accident scene that help tell the story and sequence of the collision.

Hear From Other Clients Who Sought Financial Recovery with Us on Their Side

Our client reviews are a great way for prospective clients to learn how our team goes to bat for injured clients. When previous clients talk about their experience working with Laborde Earles Injury Lawyers, they say:

  • “Scott Higgins and especially his paralegal Kathy have kept in touch with me throughout my ordeal…I highly recommend Mr. Higgins. He has his game plan all planned out when he handles your case! He’s very laid-back but gets the job done! – Sherry
  • “The staff at Laborde & Earles is top-notch. To the attorneys that handled my case (Kelby & Scott), to all the paralegals and other staff that assisted me with my case, all were awesome. Would highly recommend!” – Kyle
  • “Courteous and punctual, always polite and professional, always returns calls and takes time to answer any and all questions, the whole staff including the receptionists are this way!” – Todd

In addition to client recommendations, we invite you to read about the verdicts and settlements we have obtained for previous clients.

CTA CTA

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 | Client
Contact Us Today We want to be there for you

Contact One of Our Personal Injury Team Members Today

If you were injured in a car accident, our personal injury lawyer can help you prove you had the right of way. We can also help determine fault and assign liability to the at-fault driver. Contact Laborde Earles Injury Lawyers at (337) 777-7777 today for a free case review.

Car Accident Blog Posts:

Laborde Earles to Represent the Hall Family’s Fatal Crash Lawsuit Against Kyren Lacy

Following a tragic collision in December on LA 20, attorney Digger Earles of Laborde Earles will represent the Hall family as they pursue compensation for the wrongful death of Herman Hall, 78. The...

I-10 Basin Bridge Speed Limit Change Addresses Safety Issues

I-10 Basin Bridge Speed Limit Change Addresses Safety Issues

The Louisiana Department of Transportation and Development (DOTD) changed the I-10 Basin Bridge speed limit to 60 miles per hour for all motorists. They also implemented "your speed" feedback signs to...

Why We Are

The Best Choice For You

Over 1,000+ 5-Star Google Reviews Across Our Locations
Over $1 Billion Recovered For Our Clients
An Award-Winning Team in Your Corner
You Get the Full Team on Your Case, Including David & Digger
Communication with You is a Top Priority
We Give Back to Our Communities

No Fee Unless We Win Your Case

Available 24 hours a day • 7 days a week
GET YOUR FREE CASE EVALUATION
Car Accidents FAQ:
What to Do if the At-Fault Driver Lies to Insurance? What to Do if the At-Fault Driver Lies to Insurance?

If the at-fault driver involved in your recent car accident lies to an insurance company about their role in that collision, you can take legal action against the insurance company and the liable

Can I File a Lawsuit Against Uber or Lyft for My Car Accident? Can I File a Lawsuit Against Uber or Lyft for My Car Accident?

After a car accident, you want to know who will cover your medical bills and other expenses. Determining liability can be more complicated when a rideshare driver is involved. You can file a lawsuit

What is the Average Settlement for a Minor Car Accident? What is the Average Settlement for a Minor Car Accident?

Lawyers hesitate to name a generic settlement amount for any car crash because too many variables can affect each individual’s case. In other words, there is no average settlement amount. 

Contact Us Form
CONTACT US TODAY NO WIN, NO FEE GUARANTEE
Name(Required)
Name(Required)
Untitled
Untitled

FAQ Categories
  • Accidents in Intersection
  • Bicycle Accident
  • Car Accidents
  • Defective Product
  • Dog Bite
  • Head Injury
  • Hurricane Damage
  • Jones Act
  • Knee Injury
  • Maritime Injury
  • Medical Malpractice
  • Mesothelioma
  • Motorcycle Accidents
  • Neck Injury
  • Pedestrian Accidents
  • Personal Injury
  • Premises Liability
  • Rear End Collisions
  • Rideshare Accidents
  • Robocalling
  • Sexual Abuse
  • Slip and Fall Injury
  • Spinal Cord Injury
  • Traumatic Brain Injury
  • Truck Accidents
  • Whiplash Injury
  • Workers' Compensation
  • Wrongful Death
  • Zantac

 

Frequently Asked Questions
How Do You Prove a Slip and Fall Claim? How Do You Prove a Slip and Fall Claim?
Do We Need Lower Speed Limits or Better Enforcement? Do We Need Lower Speed Limits or Better Enforcement?
What If My Bicycle Accident Claim Was Denied by Direct Auto Insurance? What If My Bicycle Accident Claim Was Denied by Direct Auto Insurance?
Find Yourself a Passionate Lawyer Now!
  • Andrew Personal Injury Lawyer
  • LaPlace Personal Injury Lawyer
  • Scott Personal Injury Lawyer
  • Catahoula Personal Injury Lawyer
  • Jefferson Parish Personal Injury Lawyer
  • Texas City Personal Injury Lawyer
  • Franklin Personal Injury Lawyer
  • Monroe Personal Injury Lawyer
  • Fort Polk Personal Injury Lawyer
  • Barre Personal Injury Lawyer
How can we help you

How We Can Help You

Let our injury attorneys help you maximize the compensation you deserve to turn your life back around.


Contact us today if you want to tell us about your accident. We have someone available to discuss your situation at all times of the day.

Contact Us

(337) 777-7777

FREE Case Evaluation

No Win - No Fee
Name(Required)
Name(Required)
Email Opt In
SMS Opt in

Contact Us

(337) 777-7777

OFFICE LOCATIONS

Lafayette
1901 Kaliste Saloom Rd,
Lafayette, LA 70508

Phone : (337) 777-7777

Alexandria
100 Versailles Blvd, Suite A,
Alexandria, LA 71303

Phone : (318) 777-7777

Marksville
306 North Washington Street, Suite A,
Marksville, LA 71351

Phone : (318) 310-8922

New Iberia
230 W. Main Street,
New Iberia, LA 70560

Phone : (337)-547-2777

Lake Charles
530 E College St,
Lake Charles, LA 70605

Phone : (337) 612-6909

New Orleans
821 Baronne St, Suite D,
New Orleans, LA 70113

Phone : (504) 777-7777

Baton Rouge
660 St Ferdinand St,
Baton Rouge, LA 70802

Phone : (225) 777-7777

Practice Areas

  • Bicycle Accident
  • Car Accident
  • Dangerous Drugs
  • Dog Bite
  • Maritime Injury
  • Mass Torts
  • Motorcycle Accident
  • Pedestrian Accident
  • Premises Liability
  • Product Liability
  • Toxic Torts
  • Truck Accident
  • Slip and Fall
  • Wrongful Death

About Links

  • Our Attorneys
  • Verdicts and Settlements
  • Community
  • Testimonials
  • Scholarships

Leave a Review

  • LAFAYETTE
  • ALEXANDRIA
  • MARKSVILLE
  • NEW ORLEANS
  • NEW IBERIA
  • LAKE CHARLES
  • BATON ROUGE

Copyright © Laborde Earles Injury Lawyers 2025.
All Rights Reserved.

Disclaimer / Privacy Policy / Sitemap

Hennessey-Digital-Badge