PASSING ON THE LEFT IN LOUISIANA
Who is at fault when one driver is passing another on the left? That depends on the specific facts of that case. Passing on the left is considered a dangerous maneuver, and a driver of a passing vehicle is held to a higher degree of care. The left turning driver and overtaking driver collisions represent the classic comparative fault scenario. In the case of a crash between the two, the law imposes a duty on both drivers. The driver turning left must use their turn signal and not turn until it has been determined it is safe to do so.
Facts needed when a left turning driver collides with a driver passing them on the left
Imagine a driver slowing down to make a left turn and at the same time another driver is attempting to pass the “slow moving” car in front of them. The two collide. Who is at fault? That is very fact specific. Facts needed:
• Did the lead vehicle put their blinker on to indicate a left turn?
• Did the lead vehicle have working brake lights and turn signals?
• The following vehicle, how far back was it?
• How many cars was the following vehicle trying to pass?
• Was the following vehicle completely in the oncoming lane of traffic?
• Did the following vehicle blow its horn?
Conclusion:
Proving fault in such cases can be complicated and it is fact driven. Often, stories do not match and there is some confusion of fact. Each case is fact intensive and must be properly evaluated. Documentation is key in such cases. When possible, taking photos at the scene are extremely important because it can show the point of impact based on where the debris falls on the road. Having a skilled attorney working with you is necessary to explain the law, its complexities, and help to maximize your recovery.
HIT AND RUN IN LOUISIANA – Quick Overview
In Louisiana, hit and run laws address the legal obligations of individuals involved in vehicle crashes. The law requires drivers involved in crashes to stop immediately at the scene, provide their name, address, and vehicle registration number to any other involved party, and render reasonable assistance to anyone injured in the crash. Additionally, if the crash involves injury or death, drivers must also provide aid or summon medical assistance as needed.
What Happens If A Driver Runs?
Failure to fulfill these obligations constitutes a hit and run offense, which can result in serious legal consequences. Penalties for hit and run offenses in Louisiana vary depending on the severity of the accident and whether it resulted in injury or death. In cases involving injury or death, hit and run can be classified as a felony, carrying potential imprisonment, fines, and license suspension or revocation.
Criminal Consequences
Misdemeanor hit and runs, those where the victim does not have serious injuries or the need for immediate medical care, can be either or both a fine of up to $500 and jail time of up to 6 months. Felony hit and runs occur when there is serious bodily injury or death and fleeing the scene endangered the health of the victim. To be a felony, the driver must have known that they were in or caused the crash and should know that the victim was seriously injured or had died as a result of the crash. The fines for a felony hit and run can be jail time of up to 10 years and/or a fine of up to $5,000.
Remember, Louisiana law requires drivers to report crashes to law enforcement. Failure to report such accidents can also lead to legal penalties.
Do I Have A Claim Against the Driver Who Fled?
If that driver caused the crash, YES! Sometimes it is hard to find the driver who leaves the scene of a crash and that is why taking photos, video, and capturing any other evidence is key in helping law enforcement locate the fleeing driver. Vehicle make, model, color, size, and any description are very useful, but nothing is better than photos or videos that capture these details and hopefully a license plate number as well. I addition to economic and non-economic damages, punitive damages may apply.
In summary, Louisiana hit and run laws emphasize the importance of taking responsibility for one’s actions after a crash, aiding those in need, and complying with reporting requirements to ensure accountability and public safety on the roads. To learn more, give us a call to discuss your legal rights.
THE IMPORTANCE OF A SKILLED, LOCAL PERSONAL INJURY ATTORNEY
Following a crash, victims often find themselves dealing with physical pain, emotional distress and smothered by financial burdens. When faced with the complexities of personal injury law, hiring a skilled attorney is key. You deserve quality representation that will ensure justice and maximize your recovery. In the unique legal landscape of south Louisiana, the nuances of personal injury law and litigation demand the expertise of a skilled attorney who understands Louisiana law, excels at negotiations, is not hesitant to bring your case to trial – you deserve such an attorney because you deserve the best representation from an attorney who will take the time to understand who you are, your injuries, how you have been affected, and will fight to recover what you are legally entitled to, whether in settlement or in court.
In South Louisiana, the aftermath of a crash or injury can be a challenging and overwhelming time. Hiring a skilled personal injury attorney is not just a legal necessity but a strategic decision that significantly influences the outcome of a case. From navigating the local legal landscape to conducting thorough investigations and negotiating fair settlements, a seasoned attorney plays a crucial role in securing justice and ensuring the well-being of their clients in the aftermath of a personal injury.
Preserving Evidence in a Car Crash: The Key to Successfully Proving Your Case
Car crashes can be traumatic experiences, and in the aftermath, emotions run high. Amid the chaos and confusion, it’s crucial to remember the significance of preserving evidence. The steps taken immediately after a car crash can greatly impact the outcome of legal proceedings, insurance claims, and overall road safety. In this post, we’ll explore the importance of preserving evidence in a car crash and how it plays a pivotal role in seeking justice and ensuring the safety of all road users.
- Ensuring Accurate Liability Determination: Preserving evidence is paramount for accurately determining liability in a car crash. Critical pieces of evidence, such as witness statements, photographs of the scene and any visible damage to vehicles, can provide a clear picture of what transpired. This information is invaluable for insurance companies, law enforcement, and for me when establishing who is at fault.
- Supporting Insurance Claims: Insurance claims are a standard part of the aftermath of a car crash. Preserving evidence ensures that you have the necessary documentation to support your claim. This may include photographs of the damages, medical reports, police reports, and any other relevant information. Having documentation can expedite the claims process and increase the likelihood of a favorable outcome without having to go to trial.
- Aiding in Legal Proceedings: In the event that legal action is necessary, preserved evidence becomes the backbone of your case. Courts rely on tangible proof in determining liability. This may include dash camera footage, photographs from the scene, expert testimonies, and any other evidence that sheds light on the circumstances leading up to the crash. Without proper evidence, it becomes challenging to build a strong legal case.
- Ensuring Accountability and Preventing Recurrence: Preserving evidence not only helps the individual involved in the crash but also contributes to broader road safety. By holding accountable those responsible for the crash, it sends a message that negligent behavior will not be tolerated. This, in turn, contributes to a safer driving environment, potentially preventing similar incidents in the future.
- Protecting Your Rights: Preserving evidence is about protecting your rights as a victim. Whether it’s obtaining contact information from witnesses, taking photographs of the scene, or seeking medical attention promptly, these actions safeguard your ability to seek compensation and justice. Failing to preserve evidence may weaken your position and limit your options in the aftermath of a car crash.
In the aftermath of a car crash, preserving evidence is not just a procedural formality; it is a fundamental step towards justice and safety. Taking swift and decisive action to document the scene, gather information, and seek medical attention ensures that you are well-prepared for any legal or insurance actions that may follow. By understanding the importance of preserving evidence, you will know what evidence following a crash is important so that when you meet with me, together we can work to maximize your recovery knowing we have the best and necessary evidence to establish a strong personal injury claim.
Rear-End Crashes!! An Overview.
REAR-END CRASHES
Drivers know that rear-end crashes are among the most common types of crashes.
Common Causes:
Rear-end crashes happened daily and are often caused by a combination of factors like distracted driving, tailgating, sudden stops, and, yes, road rage. Distracted driving includes both physical and mental distractions.
Physical distractions include things like talking or texting on a cell phone, looking at the navigation system, putting on make-up, eating or drinking coffee or beverages.
Mental distractions exist when the driver is thinking of something other than the duty to drive safely and obey traffic safety laws.
When distracted, tailgating, sudden stops by the vehicle in front, failing to maintain a safe distance behind the vehicle in front, poor visibility conditions like slippery or uneven roads, and reduced visibility caused by fog, rain, or darkness all can impair a driver’s ability to react timely and avoid a rear-end crash.
Damages to you and your car: Depending on a variety of factors like speed at the time of the crash and the weight of the vehicles directly impact the injuries to the driver in the front vehicle. Injuries can range from whiplash, to serious neck, shoulder, head, traumatic brain injury, low back, nerve damage that may include paralysis, and in the most severe crashes – death. Additionally, drivers may suffer emotional injuries that can lead to anxiety, distress, or fear of driving. And don’t forget about property damage that can range from minor cosmetic to significant property damage, or a totaled car.
Law enforcement officials and accident reconstruction experts talk about perception and reaction times and stopping distances. Perception means the process of seeing a hazard, and reaction means the driver’s physical act of reacting to the hazard, like applying the brakes. A typical driver’s best perception and reaction times are 1.5 seconds each, when not distracted. The perception and reaction times for the average driver who is driving a typical vehicle at 30 mph will travel an estimated 45 feet in 1.5 seconds or a total of 90 feet in 3 seconds. The average driver who is traveling 60 mph will travel 90 feet in 3 seconds. These estimates do not include stopping distance or time, which involves the condition of the tires, the road conditions, and other factors like the driver’s alertness and age, all of which expand the time it takes the average driver to perceive and react to a hazard and then stop to avoid a crash.
Understanding these matters can help drivers recognize the need to stay alert, maintain a safe following distance from the vehicle ahead, anticipate sudden stops by being aware of the traffic flow and prepare for potential stops, ensure that the vehicle’s brakes and lights are working properly, and the need to drive defensively by being aware of the surroundings and anticipating other drivers’ actions.
Awareness and proactive measures are key in preventing rear-end crashes. By understanding their causes and adopting safe driving practices, drivers can significantly reduce the risk of rear-end crashes. Each state has traffic safety laws that are designed to prevent rear-end crashes. You can Google these laws for your particular state. You will find that the laws are strikingly similar in each state.
4-Way Intersections: Who Goes First?
Do you know what to do when you get to a 4-way intersection? Generally, they are marked with a Stop Sign for each approaching vehicle. The Stop Signs take the place of an electric control light. Motorists often get confused at these intersections. BEWARE! Many motorists don’t know the simple rules that apply to 4-way intersections or they just disobey them. Motorists often get confused at these intersections, but the rules are really quite simple.
Here are FOUR SIMPLE RULES:
Rule 1: First to arrive, first to drive. When you’re approaching a 4-way stop, drivers who stopped before you have the right of way. If two or more vehicles reach the intersection at the same time, the driver on the left must yield to the driver on your right.
Rule 2: Right-of-way goes to the right, so if two vehicles arrive at the same time, stop, and the car on the right has the right-of-way.
Rule 3: Straight doesn’t have to wait. If 2 vehicles arrive at the same time and are across from each other, stop and watch in which direction the other vehicle is going. If it goes straight, it’s safe for you to go straight because you won’t cross each other’s path. If you are turning, then the car that is going straight has the right-of-way.
Rule 4: Left turn yields to the right. If two vehicles arrive directly across from each other at the same time and both are turning, then the vehicle that is turning left yields to the one that is turning right. These are COMMON SENSE rules. Know them, follow them, and you’ll be safe.
