There are a number of Louisiana auto accident presumptions that may apply if there has been a car accident. These presumptions are critically important for determining which driver should be held responsible for the accident and can make an injured plaintiff’s case much easier to prove.
Knowing the Louisiana auto accident presumptions will make sure that you fully understand your rights if you’re involved in a car accident.
What is a Legal Presumption?
A legal presumption relieves you of having to prove a fact at trial. For example, in a car accident case, you’ve got to show that the other driver is responsible for the accident. If a legal presumption applies, you no longer have to prove the other driver’s fault. Instead, the other driver has to show that he or she wasn’t at fault (i.e., by “rebutting” the presumption).
What Are Some of the Louisiana Auto Accident Presumptions?
There are a number of Louisiana auto accident presumptions that come into play in a car accident case. Here are three of the most common presumptions.
1. Left-Turning Drivers
A driver making a left turn who is involved in an accident is presumed to be liable, which can only be rebutted by showing that the driver was free of fault. This applies even if the driver has a green turning arrow.
2. Drivers Changing Lanes
There is a negligence presumption for a driver who gets into an accident while changing lanes. Those drivers must show that they made certain they could safely change lanes before choosing to do so.
3. Rear-End Collision
A driver who rear-ends another vehicle is presumed to be responsible for the accident. Drivers who rear-end other drivers must show that they were driving responsibly and/or that there was another hazard that made the accident unavoidable.
Call a New Orleans Car Accident Lawyer
The Louisiana auto accident presumptions can get complicated. If you’ve been involved in a car accident, your first step should be to contact an accident lawyer. Don’t fight it alone. The Mahone Firm is here to help.
Call a New Orleans personal injury attorney at (504) 564-7342 today.