A Legal Presumption is defined by the La. Code of Evidence. Simply stated, it's a fact that the judge or jury in a case must find to be true unless the other party can show otherwise.

When car accidents happen, there are some presumptions that help us figure out who's at fault.

The most common one is the "Rear End Collision," where the following driver is automatically presumed to be at fault.

Others are "The Right of Way." If you are driving with the right of way, and someone on an inferior street, like a side street, collides with you, they are in the wrong, because you had the "right of way.

If a "Left Turning Vehicle" is involved in a collision, they are almost always at fault.

The same is true of the vehicle that is "Changing Lanes" or "Backing Up." Such a vehicle is presumed at fault in most cases.

But those presumptions can be rebutted. To know your rights, contact an attorney.

I'm Attorney Greg DiLeo and this has been Your Legal Minute.