A catastrophic accident resulting from a truck driver’s negligence may require a lawsuit to obtain the needed relief. Recovering damages for your injuries may depend on showing the court how the other party’s carelessness caused the accident.
ConsumerNotice.org reports that common causes of crashes include speeding or using substances that cause impairment. Distractions such as using a mobile device could also cause inattentiveness. In some cases, vehicle defects or equipment failure may contribute to roadway mishaps.
Compiling evidence for the court’s review
You may present evidence to the court that illustrates the events leading up to the accident. You could submit photographs taken at the scene or ask passengers to provide their eyewitness testimonies. Investigators may review various factors related to the accident to reconstruct the series of events that occurred.
Evidence may also include electronic devices that record a vehicle’s movements. Data from a cell phone carrier could show if a phone call or texting distracted a motorist.
Determining the party with greater liability for carelessness
As noted by Forbes, Louisiana’s statutes follow the pure comparative negligence laws. This means that the court may review the accident and assign a percentage of fault to each party involved. A judge may, for example, consider each party’s actions and respective vehicle weight. A jury’s award may reflect the percentage of fault that each driver had in contributing to the accident.
When a collision causes an accident victim to lose the ability to resume routine activities, a lawsuit may provide financial relief for unpaid medical bills and loss of wages. A judge and jury may review evidence that could include showing how the other party had a greater responsibility for causing the crash. An award for damages may reflect the jury finding that one driver had a greater duty to prevent the accident.