If you partially contributed to an accident, you may wonder whether you can claim compensation for the injuries you sustained and other associated damages. The short answer is yes. Partially contributing to a crash does not bar you from recovering compensation in Louisiana.
However, the compensation you can recover depends on your level of fault for the crash. Here is what you need to know.
Louisiana follows the pure comparative negligence doctrine
Pure comparative negligence means you can recover compensation regardless of the extent of your contribution to the accident. For instance, if you were 70% to blame for the crash, you can recover compensation for the 30% fault of the other driver.
As earlier mentioned, your contribution to the crash will diminish the recoverable damages. In the example above, you can only recover 30% of the damages awarded. It is important to note that your compensation will not be affected if the other driver’s actions were intentional.
How is your level of fault determined?
Establishing each party’s contribution to the accident is not a simple undertaking, especially when there are conflicting accounts from the drivers. In such cases, police reports, statements from accident reconstruction experts, eyewitnesses, photographs and other evidence from the accident scene can help determine each driver’s fault.
Protecting your interests after a car crash
It is best to have legal assistance to represent your interests after a car accident. Your injuries may affect several aspects of your life, and it is only fair that you get adequately compensated for the physical harm and financial losses.
That being said, the claims process can get complicated, especially when the facts of the accident are unclear. If you are not careful, you may end up with less compensation than you deserve.