Louisianans who have been injured in a car accident know just how extensive the resulting injuries can be. Victims can be left with broken bones, severe whiplash, and head and neck injuries. Traumatic brain injuries can leave a victim permanently disabled and, in the worst cases, the harm can be significant enough to cause death. Recovering from these damages can take time, money, and a lot of heartache. However, by filing a lawsuit against a negligent driver who caused the accident, a victim may be able to recover much needed compensation.
But how does one succeed on such a claim? In order to win such a lawsuit, a victim must establish that the defendant is liable. There are many ways this can be done, depending on the evidence at hand. Evidence establishing liability can include witness statements, skid marks and vehicle damage.
The type of accident itself can even help establish liability. For example, drivers are supposed to leave enough distance between themselves and the vehicle in front of them so that they can safely stop without causing a collision. Thus, if a rear-end accident occurs, the driver of the behind vehicle will likely be held liable. The same holds true for someone who causes an accident while trying to make a left turn.
Proving liability is the critical issue in a personal injury or wrongful death lawsuit. Victims need to be prepared to put forth strong evidence, credible witness testimony, and legally sound arguments in order to succeed on a claim. An experienced Louisiana attorney can help victims develop a strategy that gives the victim the best possible chance of success under the circumstances.
Source: FindLaw, “Car Accident Liability: Proving Fault in a Car Crash,” accessed on June 25, 2016