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Will your driving mistake impact your rights in a civil lawsuit?

On Behalf of | Aug 26, 2021 | Motor Vehicle Accidents

You were recently in a crash caused by a drunk driver or someone posting to Tik-Tok at the wheel. Not only did you notice the bad behavior of the other driver, but they admitted it at the scene of the crash.

When your financial costs exceed the insurance coverage of the other driver, you file a civil lawsuit.

Louisiana law allows you to hold someone accountable if their misconduct or negligence causes you substantial property damages or physical injuries. However, you worry about what will happen in court. Although the drunk or distracted driver hit you by turning right into your vehicle, you didn’t use your turn signal.

Do your driving mistakes before a collision mean you can’t hold someone else accountable for causing a crash?

Louisiana’s personal injury rules work for complex situations

Liability and fault are not a sum-zero game when it comes to traffic collisions. One person can clearly have primary responsibility even though the other person did something that contributed to the crash.

Your lack of a turn signal does not excuse someone else who is drunk and turned left into your vehicle. However, it may create the opportunity for that driver to fight back in a civil case. They can assert comparative negligence and slightly limit what financial consequences they face.

Comparative negligence refers to the percentage of responsibility each driver has for the wreck. After a careful review of the crash records, the Louisiana courts will assign a percentage of fault to each driver involved. You can still seek compensation from the other driver, but the courts will reduce it according to the percentage of blame allocated to you.

Drivers who make small mistakes still deserve justice

If you had used your turn signal, the chances are good that the drunk or distracted driver would have still hit you. The judge presiding over your court case will recognize that as well. Although your mistake might diminish how much compensation you receive, it won’t undo the value of going to court.

Learning more about your rights after a car crash in Louisiana can help you cover the costs and losses you suffered as a result of the wreck.