Can You Be Partially at Fault in a Rear-End Accident in Louisiana?

You can be partially at fault in a rear-end accident in Louisiana. Consult with a New Orleans rear-end accident lawyer if a driver slams the front of their car into the back of yours. 

If someone else may be partially or primarily to blame for the incident, your lawyer may advise you to sue them for compensation. You can still recover compensation for an accident as long as you are 50% or less at fault.

How You Can Be Partially at Fault for a Rear-End Accident in Louisiana

You may take every effort to avoid auto accidents. Regardless, you could still make a mistake behind the wheel that leads to a rear-end accident and be held partially responsible. Below are scenarios in which you can be held partially at fault for a rear-end accident in Louisiana:

• Broken or missing brake lights: You may drive with broken or missing brake lights, which can make it tough for other motorists to see when your vehicle is coming to a stop. In this situation, you could be held partly at fault if a motorist crashes into your vehicle and claims that they could not see your vehicle’s brake lights since they were broken or missing. 
• Sudden stops: If you stop for no apparent reason and the driver in the vehicle behind yours can’t stop their vehicle in time, you may be involved in a rear-end accident. Yet, the other driver could argue that you stopped suddenly and for no reason, and you may be held partially liable for the incident. 
• Distracted driving: You may be texting while driving, drop your phone, and slam on your brakes suddenly, which can contribute to a rear-end accident. If this happens, the other driver may be able to show that you were driving while distracted, and you could be held partially at fault. 

At Scott Vicknair Injury Lawyers, our personal injury attorneys fight for the win. Our team has 121 years of combined experience and has handled many rear-end crash cases. Let a New Orleans car accident lawyer from our team help you with your rear-end collision claim or lawsuit. To find out more, request a free case review. 

What to Do if You are Partially at Fault for a Rear-End Car Accident in Louisiana

You may believe that a rear-end collision is always the rear driver’s fault. Regardless of whether you’re in the front or rear vehicle in a tail-end crash, you may be partially responsible. In this situation, it may be beneficial to seek legal guidance and support. Depending on your percentage of fault, you may still be eligible to get compensation from the other party.

Per Louisiana Civil Code Article 2323, modified comparative negligence can apply to auto accident lawsuits. With this, if you are partially at fault for a rear-end crash in Louisiana, you could still recover damages from the other driver as long as you’re 50% or less at fault. 

For example, you may sue a motorist after a tail-end crash. In your lawsuit, the court may rule that you’re 20% at fault for the accident. At this time, you may get 80% of the damages that you originally requested. On the other hand, if the court says that you’re 51% or more at fault, you may be barred from receiving damages. 

How to Respond If Someone Else is Partially to Blame for Your Rear-End Auto Accident

You can be partially to blame for a rear-end accident in Louisiana and recover damages from other parties involved in the incident. To find out if this may be an option for you, talk with a personal injury attorney who has rear-end accident case experience. Your lawyer can discuss your legal options, and they may represent you as part of a claim or a lawsuit. 

Expect your attorney to investigate your rear-end collision by analyzing video footage of the incident, interviewing witnesses, and reviewing police reports. If another party is primarily liable for your accident, your lawyer may engage in settlement negotiations with them or their insurer for you. However, if no settlement is reached, your lawyer may advise you to sue. 

Ultimately, the chances of winning your car accident lawsuit may be based on your collection of evidence and your ability to prove negligence. If you have relevant proof and your argument details how another party acted negligently, you may be well-equipped to secure damages. 

Why You Should File a Claim or Lawsuit Even if You are Partly at Fault for a Rear-End Accident in Louisiana

Filing a claim or lawsuit, even if you are partly at fault for a rear-end accident in Louisiana, may benefit you today and in the future. Your personal injury attorney can provide you with insights into how fault is determined in a car accident in Louisiana. They may be able to prove that you’re not primarily to blame for your rear-end crash and should receive damages. 

As your attorney crafts their argument, they may prioritize negligence. Your lawyer wants to be able to show a judge or jury that another motorist may have committed a careless or reckless act, like speeding or driving while distracted. They may also highlight how this act represents a breach of a duty of care and was a key factor in your accident.

Outside of these things, your lawyer may gather evidence that illustrates your economic and non-economic damages. They want a judge or jury to see that you are dealing with tangible and intangible losses because of another party’s negligence. If your lawyer has evidence to support your compensation request, you may get fair compensation through a settlement or verdict. 

Our Attorneys are Ready to Help You with Your Rear-End Accident Case

Scott Vicknair Injury Lawyers can answer any questions that you may have about whether you can be partially at fault for a tail-end accident in Louisiana. Our personal injury attorneys work on a contingency-fee basis. If you hire us, you won’t be charged anything unless you receive compensation. To learn more, schedule a free case review.