James C. Lawrence, Jr.
While it may seem that, depending on the circumstances, some accidents can’t be helped, there are five scenarios that all drivers can avoid. If you have been injured in an accident that was caused by someone else’s negligent acts, you are entitled to compensation for your injuries under Louisiana law.
Drivers who are too exhausted to properly operate a vehicle may be found responsible for any injuries or deaths that take place in the event of an accident. Sure, at one point or another, we’ve all gotten behind the wheel when we weren’t sufficiently rested. Still, physical exhaustion and driving do not mix. Accidents stemming from such a scenario may entitle harmed individuals to make a claim against the negligent driver.
There are few other things more reckless than driving an automobile and exposing others on the road to a substantial risk of injury due to drunk or drugged driving. In fact, in Louisiana, hundreds of drunk driving accidents take place each year. Operating a vehicle while impaired by alcohol, illegal narcotics or legal prescription drugs can lead to devastating results for all involved. Even drivers who are only slightly intoxicated can be held liable if the accident victim can demonstrate that the driver’s abilities were sufficiently hampered.
Scenarios involving speed are typically simple to prove from a litigation standpoint. In certain situations, vehicle operators may be required to slow down in order to match the conditions in which they find themselves. For example, in places where there is a fair amount of traffic, drivers need to maintain reasonable speeds, even where the actual speed limit is much higher. That said, demonstrating that the driver-defendant was negligently speeding often involves an argument about the specific conditions of the roadway at issue and what would have been an appropriate speed for the environment.
If you own or operate an automobile, it must be checked for issues on a regular basis. Such inspections can be accomplished by taking the vehicle to a reputable auto shop. When a defect is uncovered, it is crucial that the vehicle operator (assuming that the defect could expose others on the road to a significant risk of injury) have the issue fixed/corrected. If a driver or owner fails to take these precautionary measures, he or she could be held legally responsible in the event of an accident caused by the discovered defect.
With so much going on in the world today, it is quite easy for drivers to become distracted in an automobile. Whether it stems from fiddling with in-dash electronics or cell phones, distracted driving involves a wide range of poor behaviors, each of which plays a role in taking away the attention of the driver from the task at hand - driving. For sure, accidents do happen, but staying focused while behind the wheel can help keep everyone safe while traveling.
James C. Lawrence, Jr. is the founder of J.C. Lawrence and Associates, LLC and has represented clients in private practice since 1984. With his background as a public d...
