Car accidents: Proving negligence in a Louisiana civil court

Every Louisiana motorist (as well as pedestrian) is at risk when he or she travels in or near motor vehicles. Thousands of people suffer injury every year as a result of collision. Victims of some car accidents are fortunate enough to suffer only minor injuries, such as a few bumps or bruises. Others, however, receive emergency medical care for injuries that are moderate to severe.

State law enables recovering accident victims or immediate family members of fatally injured victims to seek monetary judgment against those whose negligence or reckless driving behavior was directly responsible for their damages. When a person files a wrongful death or personal injury claim in a civil court, he or she is tasked with providing enough evidence to show that the defendant was negligent and that said negligence was a causal factor in the injuries that resulted in the incident. This is not an easy task, which is why most plaintiffs rely on experienced personal injury law attorneys to represent them in court.

There are several basic components to proving a negligence case. The plaintiff must convince the judge or jury that the defendant had a fiduciary duty toward himself or herself. Evidence must also show that the defendant did something or failed to do something that then caused him or her to breach the existing duty. The judge or jury must be convinced that someone's careless behavior caused damages to the plaintiff.

Since every licensed driver in Louisiana and beyond is expected to adhere to traffic and safety regulations, it is not difficult to show that defendants in cases involving car accidents owed a duty to the plaintiffs. Proving anything beyond that, however, can be quite challenging. Witness testimony, photographs, preliminary investigation reports and other information can help a plaintiff build a strong case. Any man or woman currently considering filing a personal injury claim following an automobile collision may want to request a consultation with an experienced injury law attorney before heading to court.

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