The Types of Claims that Arise from a Baton Rouge Car Accident
As a victim of a Baton Rouge car accident, you may have more than one type of legal claim.
1. Negligence Claims Against Another Driver
If your accident was caused by the careless behavior of another driver, you will need to show negligence. This is the most common type of claim in a car accident, and rests upon proving that another person's negligence caused your accident. To prove negligence, you must show that the person behaved in a thoughtless or careless manner. Examples of negligent behavior are speeding, running a red light or driving recklessly. Failure to follow traffic laws, such as running a red light or driving while intoxicated are additional examples of negligent behavior.
2. Manufacturer's Defects Against the Maker of the Car or Defective Part
If your accident was caused by a defect in one of the vehicles involved in the car accident, you may be able to show that the manufacturer of the defective vehicle or part was at fault. For example, if the seatbelts, airbags, accelerators or brakes in a car are defective and there's an accident, the manufacturer of them may be liable for your injuries.To prevail in this type of claim you will need to prove three things: (1) the defective car or part was “unreasonably dangerous,” (2) the vehicle was being operated as intended, and (3) the vehicle’s performance had not changed since its initial purchase.
3. Liability for Road Conditions
If your car accident was caused by unsafe road conditions, you may have a claim against State or Federal authorities, who are responsible for providing safe roads. Some examples are accidents caused by faulty construction, poor road design, embankments, barriers and guardrails, faulty construction, slippery surfaces, or bad road signage.
4. Wrongful Death Claims
In the unfortunate event that a car accident results in death, the family of the deceased may bring a wrongful death action against the party at fault in the accident. They must prove that the death was cause by the other party's negligence.
The best thing to do if you've been hurt is to consult with a Baton Rouge personal injury attorney. At Finch Davis, we offer a free consultation. Just call 225-925-9368 for an appointment, or use the button below to request a free case evaluation. When we meet, we will listen to your story and give you our opinion on the merits of your case. If you decide to hire us to represent you, you pay no legal fees unless we win your case.