If you or your loved one are involved in a car accident, you’ll need to call an experienced personal injury lawyer in Lake Charles. Attorneys have years of experience getting clients the money they deserve. They know how the law works in Louisiana and they understand what they need to do to win. Car accident cases work like any other sort of personal injury case. Most of the time, your lawyer is going to have to prove negligence. Unless your lawsuit is the result of a crime or intentional act, this will be the case. Thankfully, your Lake Charles auto injury lawyer knows how to prove negligence.
Negligence means that somebody didn’t behave the way they should and, as a result, somebody is hurt. Negligence is the legal standard by which almost all personal injury cases are measured.
In order to prove negligence, your lawyer will have to prove four (4) things:
- The other driver owed you a duty of care
- They breached this duty
- You were injured
- Your injuries were caused by the defendant’s breach
This may seem pretty straight forward. However, it’s not as easy as you may think. Car accident attorney spend years learning how to handle these types of cases. The good news is that your attorney will know what it takes to prove negligence. And, they know what it takes to prove your damages.
How Do You Prove the Defendant Owed You a Duty of Care in Louisiana?
When it comes to a car accident case, it’s not hard to prove the other driver owed you a duty of care. All drivers are required to obey all traffic laws. They also need to be careful while on the road. They have to take the safety of all other motorists into account. If they do something wrong, people can hurt or even killed. Sometimes, all your lawyer has to prove is that the defendant violated a traffic law. Some of the common violations that lead to a car accident in Louisiana include the following:
- Speeding – If someone is driving above the speed limit, they put their own life and the lives of others at risk. The state sets the speed limit for a reason. There is research that shows how fast a car can go without a driver losing control. For example, the speed limit in residential neighborhoods is often 25 mph. This is because there’s a greater chance that a child or even an adult could be walking around. Plus, a lot of cars are pulling in and out of driveways in these neighborhoods. However, if you’re on a highway, the speed limit is going to be as high as 65 or 75 mph.
- Texting and driving – Distracted driving is one of the leading causes of car accidents in Louisiana. People don’t realize that, when they take their eyes off the road for a few seconds, it’s like driving across a football field with your eyes closed. Anything can happen in the span of 2-3 seconds. This is why it’s against the law to text while you’re driving.
- Drunk Driving – Clearly, it’s against the law to drink and drive. If you’re caught with a blood alcohol concentration of .08 or higher, you’ll be arrested and charged with DUI. Even if your BAC is lower than that, if you appear impaired, you can be charged as well. If this happens, the drunk driver will almost always be found to be at fault for the crash.
Once your Lake Charles car accident lawyer proves that the defendant owed you a duty of care, they’ll proceed to the other three (3) elements of negligence.
Once Your Lake Charles Accident Lawyer Proves Breach, You’ll Need to Prove Your Damages
The hard part about a negligence case is proving that the defendant breached their duty of care. Once your Louisiana accident attorney does this, they’ll move on to proving damages. It won’t be hard to prove that your injuries were caused by the crash. What else can explain your being hurt? What your attorney will need to do is put a dollar amount on your injuries. Your attorney will demand the following:
- Medical bills
- Lost wages and lost future earnings
- Pain and suffering
- Property damage
Call today and schedule your free initial consultation. Let our experienced automobile accident law firm fight to get you as much money as possible. The consultation is free and you don’t pay a dime until you settle your case.