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Attorneys James R. “JR” Clary, Jr., Christopher S. Suba, Casey D. Neale and Briton J. Myer

Holding negligent parties accountable after serious accidents

On Behalf of | Jul 6, 2021 | Personal Injury

Accidents caused by reckless driving are more common than most Louisiana residents realize. Although driving under the influence is often a material fact of a serious accident, the truth is that sober drivers also violate the rules of the road with respect to a reasonable duty of care for other motorists. When reckless drivers cause accidents, they must be held accountable by injured victims.

Level of liability is important

Motor vehicle accidents in Louisiana are adjudicated according to the state’s pure comparative negligence law. All injured drivers who are not totally at fault for an accident can receive some amount of financial recovery, even if they are 99% at fault for the incident. However, the drivers who have a high comparative negligence percentage are still liable for other drivers who have been injured due to their actions. Many times, at-fault drivers maintain only the state minimum for liability coverage, commonly leading to injured victims filing a personal injury lawsuit for additional funds to pay for their medical bills and other losses.

Pursuing whole damages

While many auto accident claims will be well under the total maximum coverage for the responsible driver, serious accident injuries often generate treatment bills well beyond the maximum coverage. Receiving whole damages can also include inventories of personal property owned by the negligent party and other assets that can be legally attached. Additionally, courts can order wage garnishments in certain situations when they are feasible. Pursuing whole damages requires solid representation from a legal professional who understands how to use all legal tools at their disposal in obtaining a fair settlement for their client.

Accident victims are advised to not accept the concept that liability insurance coverage is the only avenue of financial recovery following an auto accident. Victims may want to retain a personal injury attorney in Louisiana to help them pursue full financial recovery. It is important to hold negligent reckless drivers accountable when they cause serious accidents.