As one of many small towns along Louisiana Highway 1 and the Bayou Lafourche, Cut Off sees a surprising amount of motor vehicle traffic. Unfortunately, this means plenty of automobile collisions happen on LA-1 and other local roads, and those wrecks often stem from the negligence of just one person.
If you can establish, with the help of a skilled personal injury attorney, that someone else is to blame for your auto accident, you could demand economic and non-economic restitution. From start to finish of your legal proceedings, a seasoned Cut Off car accident lawyer from Scott Vicknair, LLC could provide the custom-tailored legal guidance you need to get the best possible result from your claim.
When Is Someone Legally Liable for a Car Crash?
Most successful car accident lawsuits in Cut Off are built around the legal theory of negligence. Under this theory, someone who causes harm to another person should be financially liable for the consequences of their actions, even if they did nothing wrong in criminal terms. Four key criteria must be present for someone to be considered legally negligent. A Cut Off auto accident attorney could provide vital help collecting evidence to establish:
- The person being sued owed a “duty of care” to act in a specific way to minimize the risk of accidentally harming anyone else
- The defendant breached their duty by acting carelessly, recklessly, or unlawfully
- An injuries occurred as a direct result of the defendant’s breach of duty
- The plaintiff sustained an injury serious enough to require professional medical care as a direct result of the accident
Every licensed driver in Louisiana has the same duty to follow traffic laws, watch out for other vehicles and people nearby, and act rationally behind the wheel. Any traffic violation or broadly irresponsible act leading to a collision likely constitutes a breach of duty. It may also be possible to file suit against third parties who were indirectly involved in a wreck—for example, an auto parts manufacturer that produced defective brakes.
Possible Obstacles to Effective Civil Recovery
People injured in auto accidents may be found partially responsible for their own damages if they were negligent in a way that contributed to causing their wreck—for instance, if they violated a traffic law right before the incident occurred. Any “comparative fault” assigned to a plaintiff along these lines could be deducted from their final damage award in accordance with Louisiana Civil Code § 2323.
Additionally, LA Civ. Code § 3492 limits a potential car accident plaintiff to only one year to file suit after getting hurt, with few exceptions. This is an exceptionally short deadline compared to most other states, so contacting a skilled lawyer quickly after a car crash in Cut Off will be vital to achieving a favorable case outcome.
Seek Help From a Cut Off Car Accident Attorney Today
No matter how they happen, auto accidents can cause life-altering trauma. If you were involved in a car crash because of another person’s irresponsible behavior, they should be the one to pay financially for your crash-related losses.
A Cut Off car accident lawyer from Scott Vicknair, LLC could work passionately on your behalf to secure you the compensation you need. We will not take any fee unless your case has a positive resolution. Call today to schedule a free initial consultation.
