Louisiana Wrong-Way Auto Accidents
In Louisiana, victims of wrong-way automobile accidents can seek compensation for any resulting injuries or property damage via an insurance claim or a personal injury lawsuit. In Louisiana, victims of another person’s negligence can recover for ALL damages including medical bills, medical care for emotional injuries, lost wages, out-of-pocket expenses (like car rental), and for vehicle and other property damage. Given their nature, Louisiana wrong-way accidents often cause very severe injuries and even deaths. If you or someone you love has been the victim of a wrong-way accident here in Louisiana, seek advice and counsel from experienced and dedicated Louisiana personal injury litigators like the ones at Mansfield, Melancon, Cranmer & Dick, LLC.
Wrong-way drivers are almost always at fault for the accidents caused by their wrong-way driving. This is because driving the wrong way is almost always a violation of a driver’s duty of care. In general, under Louisiana law, all drivers have a “duty of care” that they owe to other drivers and others using the roads and highways of Louisiana. This duty of care means several things. For example, drivers have a duty to be careful not to cause harm and a duty to keep a careful watch for others on the road. In addition, drivers have a duty to follow traffic laws and regulations like stopping for traffic control signals and not speeding. Any violation of this duty of care can make a driver liable under Louisiana negligence laws.
Wrong-way accidents almost always involve a driver who has violated his or her duty of care. Some people wrongly believe that a wrong-way driver will not be held liable because it was “just a mistake.” Maybe they took the wrong ramp for entering or exiting or a highway. True, that was a “mistake,” but that “mistake” is a breach of the driver’s duty of care. As noted, Louisiana drivers must follow traffic signals and signs, including one-way and traffic directional signs. Failure to follow signs is a breach of the duty of care and makes the driver liable for any injury and damage caused. Other examples of wrong-way driving included:
● Making an illegal u-turn on a highway
● Crossing over into oncoming traffic
● Going down the wrong way on a designated one-way street
Aside from plain “mistakes,” common reasons for wrong-way driving include those driving under the influence of alcohol or drugs, distracted drivers, cognitively-impaired drivers and drowsy drivers. These additional causal factors are additional breaches of the wrong-way driver’s duty of care. Louisiana law forbids driving under the influence and any person who does is violating his or her duty of care. The same is true for driving while distracted, drowsy or while cognitively impaired.
While wrong-way drivers are almost always at fault, sometimes other parties may be partially at fault. A common example is where traffic-direction signage has been obscured, removed, or damaged. Under these sorts of circumstances, there may be a cause of action against the local or state governmental agency that is responsible for maintaining road and highway signage. If more than one party is at-fault for a wrong-way Louisiana auto accident, then all parties will be responsible for paying compensation based on their percentage of fault.
Our Attorneys Can Help
For more information, contact the Louisiana wrong-way auto accident lawyers at Mansfield, Melancon, Cranmer & Dick LLC. If you have been the victim of a Louisiana accident, we have a proven track record of success handling many types of Louisiana personal injury cases, including car accidents, boating accidents, motorcycle accidents, premises liability accidents, and cases involving nursing care facility abuse/neglect. 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.