Understanding Partial Fault, Negligence, And Damages

The following article will cover:

• How comparative fault affects the damages recoverable in a Louisiana motorcycle injury case.
• Rights and responsibilities of bicyclists in Louisiana, including how comparative fault rules may apply.
• The likelihood of getting a larger settlement in the event of severe injuries.

If I Was Partially At Fault For The Accident That Caused My Injuries, Will That Reduce Damages That I May Recover In A Louisiana Motorcycle Injury Case?

Yes, if you were partially at fault for the accident that caused your injuries, it will affect the damages you can recover in a Louisiana motorcycle injury case. The comparative fault system in Louisiana compares the liability of the individuals involved in the accident. If you were partially at fault for the accident, your damages would be reduced by the percentage of fault that a judge or a jury determines you are responsible for.

For example, if you ran a stop sign and caused the accident, but the other person was speeding with their lights off, you may be responsible for a percentage of the damages. The percentage of your responsibility would depend on the circumstances of the accident and would be determined by a judge or a jury. It is essential to understand that comparative fault is fair and ensures that each person is responsible for their actions in causing the accident.

What Are My Rights And Responsibilities As A Bicyclist In Louisiana?

Bicycles have the same rights and obligations as automobiles, but the rules of the road can be a little different. Bicyclists need to be aware of the rules and follow them to avoid accidents. For example, if a bicyclist crosses the street against the required rule or without waiting for the traffic light to turn green, they may be subject to comparative fault rules if they are injured in an accident.

Bicyclists have the same right to be on the road as automobiles, and drivers need to be aware of them. Drivers should only pass a bicyclist when it is safe to do so and without risking an accident with oncoming traffic or the bicyclist. The type of injuries sustained in a bicycle accident will be judged in the same way as those sustained in a motor vehicle accident. If there is loss of earning capacity or wages, it will be considered when determining the damages.

Injuries sustained by students riding bicycles may result in less lost wages than injuries sustained by someone in the prime of their career. However, severe injuries can result from common causes of bicycle accidents, such as drivers failing to yield, opening car doors in front of bicyclists, or driving under the influence. Therefore, it is essential to follow the rules of the road and stay alert to avoid accidents.

What If I’m Not Entirely At Fault And I Have Severe Injuries? Does That Give Me A Likelihood Of Getting A Larger Settlement?

Yes, if you are not entirely at fault and have severe injuries, you may have a higher likelihood of getting a larger settlement. The comparative fault system in Louisiana ensures that each person is responsible for their actions in causing an accident. Therefore, the amount of damages you can recover will depend on the percentage of fault that a judge or jury assigns to each party involved in the accident.

For example, if the defendant is required to pay the plaintiff $100,000, but the plaintiff is found to be 10% at fault, the plaintiff’s settlement will be reduced to $90,000. The amount of damages will be multiplied by the percentage of fault determined by the judge or jury.

Does Not Wearing Head Care Count As Negligence?

Not wearing a helmet may not be considered negligence, but it could fall under the comparative fault issue. Additionally, it may be a violation of the law, which could result in a state jury reducing your settlement. It is essential to follow the rules of the road and take necessary safety precautions to prevent accidents and reduce the likelihood of being found at fault.

With the guidance of a skilled attorney for Auto Accidents, you can have the peace of mind that comes with knowing that we’ll make it look easy. For more information on Auto Accident Cases in Louisiana, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (337) 240-6697 today.