Truck accidents often involve multiple parties and significant damages, making them complex to navigate. In Louisiana, the comparative fault rule is integral in determining how much compensation each party can recover.
This rule becomes particularly important in complex truck accidents where more than one party may be at fault.
Understanding Louisiana’s comparative fault rule
Louisiana follows a pure comparative fault system. Under this rule, each party’s level of fault reduces their compensation proportionally. For example, if a driver is 20% at fault for an accident, they can recover only 80% of the total damages. The other 20% reflects their share of responsibility.
Application in complex truck accidents
Truck accidents often involve multiple vehicles, as well as commercial trucking companies and even government entities. In these situations, determining fault becomes complicated. Investigators must assess factors like driver error, vehicle maintenance, road conditions and compliance with trucking regulations.
Suppose a truck accident involves a collision between a passenger car, a commercial truck and a third vehicle. The investigation might reveal that the passenger car driver was speeding, a navigation app was distracting the truck driver and the third vehicle’s brakes were faulty. In such a case, the court must carefully assign a percentage of fault to each party.
Challenges in determining fault
Assigning fault in complex truck accidents presents unique challenges. Trucking companies often use aggressive defense strategies to minimize their liability. These companies also tend to have multiple teams or business partners that might share in the liability, further complicating negotiations and settlements. Each party will likely attempt to shift blame to others to reduce their share of fault.
Louisiana’s comparative fault rule can make it difficult to cover your damages, even after the most simple of vehicle accidents. In a complex trucking accident, however, it becomes especially important to advocate for your right to compensation.