Accident and Collision Representation
There are many different situations in which an accident can occur. Each situation has its own general rule of thumb of who is at fault.
In all situations, a driver must maintain a general duty of care. This duty refers to the driver exercising a degree of care that a normal careful person would use under the same or similar circumstances. In the state of Louisiana, the law requires a motorist to keep his or her vehicle under proper control, at an appropriate speed, and maintain a proper lookout for hazards.
An important aspect of any driving situation is who has the right of way on the road. Many times this notion of right of way determines who caused an accident unless the driver with the right of way knew that an accident was possible.
Many accidents occur when a driver enters a main road from a side street, a private driveway, or a stop sign without being mindful of other drivers on the main road.
Most car accidents are caused by the assumption of the right of way. This simple assumption is the cause of most intersectional accidents. The general rule of thumb at intersections is that when two drivers approach an intersection without traffic lights, neither driver can reasonably assume that he or she has the right of way. Each driver has a duty to determine, before entering the intersection, whether he can safely proceed across. For intersections with traffic lights, some car accidents are caused by drivers either "timing the light" or dealing with a flashing yellow light. Sometimes accidents are caused by the driver's view being obstructed. If an accident occurs, in order to prove that someone is not at fault he or she must show that he or she "preempted the intersection". This means that the driver must show that he or she did not only enter the intersection legally but he or she also entered with enough time as to not obstruct the oncoming traffic.
Learn more about your rights after an accident in Louisiana. Call Murphy Law Firm LLC locally at 225-928-8800 or toll free at 800-734-6545 to schedule a free initial consultation.
Many times an accident in an intersection is caused by someone taking a left turn through the intersection without making sure he or she has enough time to safely travel through the intersection. Since this situation is the most likely cause of an accident, the driver taking the left turn is presumed to be at liable and must show that he or she is not at fault. If the driver has a left turn arrow during his or her turn they can be excused of fault.
The most common type of auto accident is a rear end collision. When a following driver rear-ends the vehicle in front of him or her, the following driver is presumed to be at fault and must prove a lack of fault in order to avoid liability. In order to prove that he or she was not at fault, the following driver must show that there was a sudden emergency.
A few other accident situations involve backing up vehicles and changing lanes.
After an Accident or Collision, Talk With a Lawyer
After a railroad accident in Baton Rouge or elsewhere in the state of Louisiana, contact us at Murphy Law Firm LLC. Schedule a free initial consultation and discuss your accident with an experienced legal advocate. Call our office locally at 225-928-8800 or toll free at 800-734-6545 to make an appointment. All cases are taken on a contingency basis. Don't Be A Victim Twice!
