If you are in a Louisiana car wreck, you should be aware of two Louisiana legal presumptions of driver fault that may impact your ability to recovery for your property damage and injuries: the following motorist and left-turning motorist presumptions.
THE FOLLOWING MOTORIST IN A REAR-END COLLISION IS PRESUMED TO BE AT FAULT
The following motorist in a rear-end collision is presumed to be at fault. That rule is based on the principle that the following motorist whose vehicle rear-ends the lead vehicle either has failed in his responsibility to maintain a sharp lookout or has followed at a distance from the lead vehicle which is insufficient to allow him to stop safely under normal circumstances.
However, the following motorist can rebut the presumption to escape liability, by proving either that he or she had his vehicle under control, closely observed the lead vehicle and followed at a safe distance, or that the lead vehicle negligently created a hazard which the following vehicle could not reasonably avoid
THE LEFT-TURNING MOTORIST IS PRESUMED TO BE AT FAULT
A left-turning motorist involved in a collision that occurs across the centerline is presumed to be at fault for the accident. He or she must offer evidence to show that he is free from negligence to avoid liability. The left turning motorist must make sure, before turning, that he or she can make the turn without danger to oncoming traffic and must yield the right of way to such vehicle. Where the left turning motorist is turning at an intersection with a green arrow, he or she may show that he is free from negligence by proving that he or she either faced illumined green arrow or that he had preempted intersection.
The auto insurer of the following motorist or left turning motorist may try to avoid paying for property damage and injuries to the innocent driver by either ignoring or trying to rebut these well-established presumptions. Before speaking with the insurance company, hire a Louisiana car accident attorney to assist you with these legal matters.
If you need help or have any question about your car accident, call me at 866-558-9151 or submit your inquiry online. Please be advised that you may be facing important legal deadlines so don’t delay.