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Elements of Negligence in Your Auto Accident

肖邦 Law Firm New Orleans Car Accident Lawyers

Getting injured due to the negligence of another person is something that deserves justice. 幸运的是, there are laws in place which give you the right to pursue compensation against the at-fault party. Successfully proving negligence in your injury case will hold the negligent party responsible for any damages relating to the accident.

过失构成要件

为了证明过失 车祸案件, you must be able to prove all “elements” of negligence were present during your accident. These elements may be challenging to prove alone, which is why many people choose to work with an injury attorney following their accident.

注意义务

In legal terms, duty of care refers to the obligation one has to avoid causing harm to others. For drivers in Louisiana, this duty involves:

  • 遵守交通法规这包括遵守速度限制, 交通信号灯, 停车标志, which are essential for maintaining orderly and safe traffic flow.
  • 被关注: Drivers are expected to remain vigilant, keeping their eyes on the road and their hands on the steering wheel. This means no texting, making phone calls, or engaging in other distractions while driving.
  • 保养车辆: Ensuring that your vehicle is in good working order, 包括刹车, 灯, 和轮胎, 是你的职责之一吗.

肖邦的小费: Keep a record of your driving habits and vehicle maintenance as this may help in establishing that you upheld your duty of care.

违反注意义务

Proving that the other party acted out of their duty of care will help strengthen your case. However, you must also be able to prove that the party breached their duty of care.

违规行为包括:

  • 交通违规: Running red 灯, not using turn signals, and breaking speed limits.
  • 障碍: Driving under the influence of alcohol or drugs.
  • 鲁莽的或好斗的: Tailgating, weaving between lanes, or exhibiting road rage.

当注意义务被违反时, it means that the other driver failed to follow what was required of them, 导致其他人受伤.

肖邦的小费:行车记录仪录像, 证人的证词, and police reports can be powerful evidence to prove a breach of duty of care.

因果关系

Now that the duty of care and the breaching of said duty has been established, 你必须把它们和你的事故联系起来. 因果关系 is the explanation of how the breach of duty directly caused your injuries. It must also be proven that these injuries would not have occurred if the other party was following their duty of care.

在路易斯安那州,这需要证明:

  • 直接的联系: Establish a direct connection between the breach and your injuries. 例如, if someone ran a red light and T-boned your car, this action directly caused the collision and your subsequent injuries.
  • 预见性: Show that the injuries were a foreseeable consequence of the defendant’s actions. If a driver is speeding, it’s foreseeable that they could cause an accident.

肖邦的小费:医疗记录, 事故再现专家, and witness statements can help establish causation.

这是在一个合格的帮助 365bet平台车祸律师 对你的索赔至关重要吗. An experienced attorney will be able to link the negligence to your injuries with ease. 今天打电话给我们: (504) 475-2429 去了解我们能帮上什么忙.

损害赔偿

Finally, you must be able to prove some sort of legally acceptable damage was done. This means either physical injuries or damage to property.

在路易斯安那州,这些包括:

  • 身体伤害: This covers everything from minor injuries to severe ones, 像断了的骨头, 脑损伤, 甚至死亡.
  • 财产损失: This includes damage to your vehicle or other property.
  • 情绪困扰: Louisiana recognizes that victims can suffer emotionally. This can include anxiety, depression, or PTSD.
  • 损失的工资和收入能力: If you’ve missed work or cannot continue in your former capacity due to your injuries.
  • 医疗费用: This encompasses past and future medical expenses.

To receive compensation based on a breach of duty of care, you must prove that the other party’s breach was directly responsible for your injuries. Police and medical records will help you prove the damages, as statements from legal professionals will be strong evidence in your case.

肖邦的小费: Keep all receipts, invoices, and wage statements. Consult with a medical professional for documentation of any emotional distress.

 

为什么法律代理很重要?

有一个经验丰富的律师是至关重要的. They can guide you through the complex process of establishing these elements, 与保险公司谈判, and fighting for your rights in court if necessary.

Working With a New Orleans Car Accident Attorney

Our team here at 肖邦 Law Firm has been helping those injured due to negligence pursue the compensation they often so desperately need for over 100 years. We have seen many acts of negligence and have the knowledge to ensure the best possible outcome for your case.

今天打电话给我们: (504) 475-2429 讨论更多的问题 免费评估.

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