Kenny Habetz Injury Law | May 5, 2025 | Car Accident
A car accident can be a stressful and traumatic experience, but understanding who is at fault in the event of a crash is crucial when navigating insurance claims and potential personal injury lawsuits. In Louisiana, determining fault is essential for ensuring that the responsible party compensates victims for damages, injuries, and other losses. As a leading personal injury law firm in Louisiana, we often receive questions from clients regarding the nuances of fault in various car accident scenarios.
Whether you’ve been in a rear-end collision, a T-bone accident, or a hit-and-run situation, understanding the rules of liability and how to prove fault can make all the difference when it comes to securing compensation.
Rear-End Collisions
One of the most common types of accidents is a rear-end collision. This happens when a vehicle crashes into the back of the car in front of it. In most cases, the driver who rear-ends the vehicle is considered at fault. This is based on the general principle that drivers must maintain a safe following distance and stop in time to avoid a collision.
Under Louisiana Revised Statutes 32:81, drivers are required to maintain a safe following distance. If the rear-end collision is a result of failing to maintain that safe distance, the rear driver is typically found liable. However, there are exceptions.
For instance, fault could shift if the vehicle in front suddenly and unexpectedly stops without reason, or if the rear driver is forced to avoid another vehicle or obstacle. In these cases, involving a Louisiana personal injury lawyer might be necessary to help determine liability and protect your rights.
T-Bone Collisions
A T-bone collision, also known as a side-impact crash, occurs when the front of one vehicle strikes the side of another vehicle, forming a “T” shape. These accidents often happen at intersections when one vehicle runs a red light or fails to yield the right of way. The driver who violates traffic laws, such as running a red light or failing to stop at a stop sign, is typically considered at fault.
In Louisiana, the law requires drivers to yield the right of way under certain circumstances, especially at intersections. According to Louisiana Revised Statutes 32:123, drivers must yield when approaching an intersection where a stop sign or traffic light controls traffic. If you were involved in a T-bone collision where another driver ran a red light or ignored a stop sign, that driver would likely be considered at fault.
However, fault can become more complex in some scenarios. For example, if both drivers were speeding, the driver running the red light may share some of the blame, but the speeding driver could also be held partially liable. In these cases, comparative fault laws in Louisiana may apply.
Lane Change Accidents
Lane change accidents occur when one driver moves from one lane to another and collides with another vehicle in the process. These types of accidents often happen when a driver fails to signal, doesn’t check their blind spots, or makes an unsafe maneuver.
According to Louisiana Revised Statutes 32:104, drivers must ensure that they can safely change lanes without colliding with other vehicles or endangering other drivers. If a driver fails to signal or check for other vehicles in their blind spot, they can be held liable for any resulting accidents.
Drunk Driving Accidents
Drunk driving is a serious offense and a leading cause of car accidents. If a driver is under the influence of alcohol or drugs at the time of an accident, they are not only breaking the law but also putting others at significant risk. In most cases, the intoxicated driver will be considered at fault for the accident.
Under Louisiana Revised Statutes 14:98, it is illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher. If an accident occurs and the driver is found intoxicated, they will generally be held fully responsible for the accident and any injuries or damages resulting from it.
In addition to criminal charges, the intoxicated driver can also face civil liability via a personal injury lawsuit.
Hit-and-Run Accidents
A hit-and-run accident occurs when a driver causes an accident and then leaves the scene without providing their information. These accidents can be particularly frustrating because it can be difficult to identify the responsible party. In these cases, the victim is often left to rely on their own insurance to cover the damages.
Louisiana law requires that drivers involved in an accident stop and provide their information to other parties involved in the crash. Failing to stop and provide contact information after an accident is a criminal offense.
If the at-fault driver cannot be identified, the victim may be able to file a claim with their own uninsured motorist insurance policy. This is why having uninsured motorist coverage is important for drivers in Louisiana. Your insurance provider may be able to assist in locating the responsible party if they are not immediately identified.
Pedestrian Accidents
Pedestrian accidents occur when a vehicle strikes a person on foot. In many cases, the driver is found to be at fault, particularly if they were speeding, not paying attention, or failing to yield to pedestrians in crosswalks.
Fault in Multi-Vehicle Accidents
Multi-vehicle accidents can be some of the most complicated in determining fault. In cases involving more than two vehicles, it can be difficult to establish who is responsible for the chain of events. In some cases, multiple drivers may share fault.
Louisiana follows a pure comparative fault system, meaning that if multiple drivers share responsibility for an accident, each driver may be assigned a percentage of fault. For example, if one driver ran a red light but another was speeding, the court might assign 60% of the fault to the red-light runner and 40% to the speeding driver. Each party would be liable for its portion of the damages.
Navigating Fault in Car Accidents in Louisiana
Determining fault in a car accident can be complicated, and the laws surrounding liability can be complex. Whether it’s a rear-end collision, a T-bone accident, or a hit-and-run, understanding how Louisiana law applies to your situation is essential for ensuring you receive the compensation you deserve.
Remember, knowing who is at fault and proving it can make all the difference in the outcome of your case. By understanding the law and working with an experienced attorney, you can ensure that your rights are protected and that you are fairly compensated for any injuries or damages you may have sustained.
Contact the Louisiana Law Firm Of Kenny Habetz Injury Law for Help Today
If you’ve been injured in a car accident, please call Kenny Habetz Injury Law for a free case evaluation with a Louisiana personal injury lawyer or contact us online. We have offices in Lafayette and Crowley, LA.
Kenny Habetz Injury Law – Lafayette
110 E Kaliste Saloom Rd Ste 101 Lafayette, LA 70508
(337) 399-9000
Kenny Habetz Injury Law – Crowley
604 S Parkerson Ave. Crowley, LA 70526
(337) 329-8883
