Can you sue if the car accident was your fault?

Navigating the aftermath of a car accident can be complex, particularly when it comes to understanding legal options and responsibilities. A common question arises: “Can you sue if the car accident is your fault?” Our skilled Lafayette car accident lawyers are here to guide you on this issue, exploring your legal options and explaining your rights. Keep reading for more, then call (337) 541-0769 to schedule a free consultation.

can you sue if car accident is your fault

Understanding fault and liability in Louisiana

Louisiana operates under a comparative fault system, which means that each party involved in an accident can be found partially at fault and still pursue damages through a lawsuit. The degree of fault impacts the damages one can recover in a lawsuit.

For example, if Driver A is found to be 70% at fault for speeding and Driver B is 30% at fault for failing to yield, and the total damages amount to $100,000, Driver B could potentially recover $70,000 after the 30% reduction.
Even if you were 99% at fault in the collision, Louisiana’s comparative negligence law would allow you to recover 1% of the damages ($1,000 of the example above).

Can you sue if the car accident is your fault?

Technically, you can sue if the car accident is your fault, but with some important caveats. If other parties involved in the accident share a portion of the fault, you can still file a lawsuit against them. For instance, if another driver made an illegal turn that contributed to the accident, you could sue for the percentage of fault assigned to them.

Scenarios where you might be able to sue

Multiple parties at fault

If multiple drivers contributed to the accident, you could file a lawsuit against any other party whose negligence was a factor, irrespective of your contribution.

Partial fault situations

Even if you are primarily at fault, if another party’s actions exacerbated the accident’s severity, you might still pursue damages. For example, you might share liability if your speeding contributed to an accident but another driver was texting.

Product liability

If a vehicle malfunction or defective part contributed to the accident, you might sue the manufacturer, even if you were at fault. In such cases, the focus is on the product’s failure rather than your driving behavior.

Things to consider before filing a lawsuit

Insurance claim vs. lawsuit

Knowing whether to file an insurance claim or pursue a lawsuit is critical when at fault. Insurance may cover your liabilities up to your policy limit. Still, a lawsuit might be necessary if you seek damages beyond what insurance covers or if there is a dispute about the fault. Choosing these options can significantly affect your financial recovery and legal strategy.

Insurance implications

Being at fault in an accident typically leads to higher insurance premiums. This increase reflects the insurer’s adjusted risk assessment based on your driving record. Understanding how at-fault accidents affect future insurance costs can help you budget and decide on the appropriate level of coverage.

Statute of limitations

In Louisiana, you have one year from the date of the car crash to file a lawsuit. This strict timeline underscores the importance of acting promptly if you decide to pursue legal action. Delaying beyond this period can bar you from filing a lawsuit altogether.

We’re here to help you get the compensation you deserve

So, can you sue if the car accident is your fault? Yes, there are circumstances under which you can still seek compensation, though it is reduced by your percentage of fault. It’s crucial to consult a skilled attorney who can provide a detailed assessment of your case, considering all aspects of Louisiana law and the specifics of the accident.

Call Lafayette Car Accident Lawyer at (337) 541-0769 to schedule your free consultation.

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Lafayette Car Accident Lawyer stands ready to assist you with your case. To find out more or request a free consultation, call us at (337) 541-0769.

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