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Can those at fault for an accident still recover damages?

When things go wrong for Louisiana residents, there are often multiple people who can share the blame. One person may have been more responsible for the incident, but others could have played smaller parts that also contributed, and therefore it is often necessary to sort out how the event occurred and what role different people may have played in causing it.

In the justice system, the determination of who is at fault for an incident is at the center of many lawsuits. This can be particularly true when dealing with a motorcycle accident, as both the motorcyclist and other drivers involved in the crash may attempt to point the fingers at each other in terms of who is to blame.

Ultimately, a jury will often need to determine who was at fault for the accident. The jury can hear all of the evidence and each person's side of the story, and make a determination about who they think caused the accident or was most at fault.

This does not mean only one person can be determined to be at fault in a lawsuit, however. Under Louisiana law, a person who brings a personal injury lawsuit to recover compensation for his or her injuries may see the potential damages recovered in the lawsuit reduced if that person was also at fault for the accident. The damages are reduced according to the degree of fault that is attributed to that person. For instance, if a person is determined to be 20 percent at fault for the accident, the damages he or she can recover would be reduced in proportion to that 20 percent fault determination.

This principle, known as comparative fault, can play a large part in personal injury lawsuits based on motorcycle or other accidents. Accordingly, individuals should understand the law and how the facts of a particular case may be affected by the comparative fault law.

Source: Louisiana Legislature, "Comparative fault," accessed on Oct. 24, 2014

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Kambur Law Firm, APLC
4700 Canal Street
New Orleans, LA 70119
Phone: 504-486-4700 Fax: 504-488-2153 Get Directions

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