Top Methods to Help Prove Fault in Louisiana Personal Injury Cases

January 12, 2021 18-Wheeler Truck Accidents

Top Methods to Help Prove Fault in Louisiana Personal Injury Cases

Victims of negligence in Louisiana are entitled, under Louisiana law, to make a claim or sue for compensatory damages. Any wrongdoer can be brought to justice and be compelled to pay money damages. This is true for Louisiana automobile accidents, slip and fall accidents in Louisiana retail establishments, Louisiana construction site accidents, boating accidents, and more.

In order to be entitled to compensation, victims must prove that the other person is at fault. There may be more than one party at fault. When there is multiple causation, then the victims must prove fault with respect to each wrongdoer. Proving fault can be legally complex and complicated which is why it is essential to retain proven and courtroom-tested Louisiana personal injury attorneys like those at Mansfield, Melancon, Cranmer & Dick LLC. Here are some of the top methods that your trusted and dedicated Louisiana personal injury lawyers can use to prove fault:

  1. Violations of the Law

Proving fault in Louisiana involves proving that the wrongdoer or wrongdoers violated various duties that are owed to citizens of Louisiana. These duties can be general duties like the duty of care that all drivers of vehicles owe to others using the roads and highways of Louisiana. This is a general duty to drive carefully and be watchful for others. But duties are also imposed by statutes and rules and regulations. One of the top methods that talented Louisiana personal injury lawyers can use to prove fault is to show that the wrongdoer violated a law. Louisiana auto accidents are a good example. Aside from the general duty of care, every driver has a duty to obey traffic laws. If it can be shown that the driver causing the accident violated Louisiana traffic laws, then that is proof of fault. Examples include speeding, failure to stop at traffic control signals, failure to yield the right of way where required and more.

  1. Police and Accident Reports

Another top method that can be used to prove fault involves police and accident reports prepared by law enforcement and government safety inspectors. These reports can identify violations of laws and safety regulations and/or how a wrongdoer may have committed other forms of negligence. The reports will also state whether a ticket or citation to appear in court was issued. Tickets and citations can be evidence of wrongdoing and of fault.

Take a Louisiana construction site accident, for example. Generally, construction of buildings and facilities must be done pursuant to permit and be approved by local authorities. If there is a serious accident, then local safety inspectors become involved in determining the cause of the accident. Any report might identify various violations of rules and regulations or other failure of due care. Examples include violating safety protocols, failure to maintain/repair equipment, defects in building and/or design, understaffing, incorrect staffing, failure to properly secure materials and debris and more. The reports also might identify any number of at-fault parties like the owner, one of the workers, the general contractor, a subcontractor, the architect, engineer or even the manufacturer of construction equipment and/or supplier of materials. Such reports also might identify that there was a hazardous condition that existed on the property that the owners failed to correct. These reports can be used to establish fault.

  1. Expert Witnesses

Another top method of proving fault is the use of expert witnesses. In general, there are two types of witnesses that can be used in legal proceedings: eyewitnesses and experts. Eyewitnesses have personal knowledge of what happened. Expert witnesses, on the other hand, testify and offer opinions based on their education, training and experience. Experts can, for example, be shown the scene of the accident and various physical evidence related to the accident. Experts will also read and rely on police and accident reports and, often, will talk to or review transcripts of testimony provided by eyewitnesses. Based on examining these types of evidence and based on their expertise, experts then provide opinions that help prove who is at-fault. In a Louisiana boating accident, for example, experts may establish that the accident was caused by mechanical failure or by some wrongful action of the ship’s captain.

Our Attorneys can Help

 If you or someone you love has been injured in a Louisiana accident, contact the Louisiana personal injury attorneys at Mansfield, Melancon, Cranmer & Dick LLC. We know how to identify those who are at-fault and how to prove their negligence. We have a proven track record of success with many types of personal injury cases. Contact us by calling one of our offices: New Orleans at (504) 500-1108, Baton Rouge at (225) 612-0800, or Lafayette at (337) 409-0003. You can also request a free consultation by using our “Contact Us” page.