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Four Factors of Proving Liability

Four Factors of Proving Liability

Whenever you are pursuing compensation for injuries you sustain in a crash, it is necessary for you to prove liability. You need to work quickly to hold someone else accountable for their actions so you can go through the at-fault party’s insurance to get the compensation and justice you deserve.

You should recognize the various factors involved in proving liability. Having a lawyer on your side can help simplify this process, but because of Louisiana’s at-fault insurance laws, you need to work quickly to ensure you have the evidence and protection necessary to move forward.

A Duty of Care

Typically, when someone operates a vehicle on our roads and highways, they’re agreeing to abide by the various laws set forth by the state, including those regarding speeding, distractions, and intoxication. This means the driver has a duty of care to ensure they’re operating their vehicle safely and not causing potential dangers on the road.

A Breach in the Duty of Care

When another driver is negligent in any way, including breaking the laws on the road, they’re considered to be breaching their duty of care. In these situations, you can show that the driver was doing something that is considered reckless.

Causation

You need to show that the at-fault driver’s breach in the duty of care—the negligent act—caused the accident to occur and your resulting injuries and damages. For instance, if there is a driver who crashes into you because he or she is distracted, it can be shown that the driver was not paying attention when he or she ran into you. This means they’ve breached the duty of care and caused the accident to occur.

An Injury and/or Damages Occurred

To pursue compensation, you must show that you experienced property damage or injuries for which the at-fault driver is responsible. This is why evidence gathered immediately following the accident is so important. The more you can gather, the better.

At Parker Alexander, our Monroe car accident lawyers stand ready to guide you through the process and help you seek the outcome you need following a crash. Our team works hard to focus on the legal matters, so you can focus on your own recovery.

Call us today at (318) 625-6262.

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