Sometimes, an auto accident case may involve a driver who was clearly negligent in almost every meaningful way. Perhaps the driver was going 20 mph over the speed limit and ran a red light prior to the accident. In that scenario, establishing negligence might not necessarily be difficult. However, what if an accident occurred after a driver checked his mirrors, used his turn signal, and attempted to make a safe lane change? Even when all of these things are true, that driver may still be negligent, and you may still be entitled to compensation if you were hurt in such an accident. Regardless of the specifics of your auto accident case, make sure that you talk to a skilled Louisiana auto accident attorney promptly to protect your rights and maintain your options.
In some situations, even incidents and court cases that originate outside Louisiana can have very real significance for Louisianans. That was the case for one auto accident lawsuit that started with a San Antonio crash. The case, while starting in Texas, was eventually decided by the Fifth Circuit Court of Appeals, whose rulings directly affect not only Texas federal courts but federal courts in Louisiana and Mississippi as well.
The collision took place along a stretch of Interstate 410 in San Antonio. Elizabeth was driving in the left lane, while Darrell’s truck was in the right lane. At some point, Darrell decided to change lanes. He checked his mirrors. He put on his turn signal. He then began changing lanes and crashed into Elizabeth.
Elizabeth sued Darrell and his employer for negligence. The Fifth Circuit used Texas law to decide if she had a case, but the ruling is still relevant for Louisianans because the law of negligence is generally somewhat similar from state to state. Texas law says that, to win a negligence case, you need “the existence of a legal duty, a breach of that duty, and damages proximately caused by the breach.” Louisiana law similarly requires proof of a legal duty (an obligation to do or not do something), proof of a breach of that duty, and proof that you suffered damages and that the breach of the duty was the cause of that harm.
The court concluded that Elizabeth had enough proof of the required elements to be entitled to proceed to trial. Elizabeth’s case is a reminder that, even if a defendant driver engaged in various safety-conscious steps, you can still prevail in your case, or at least have your day in court. Darrell had proof that he checked his mirrors, signaled before changing lanes, and began the lane change very slowly. None of those things are conclusive proof that Darrell wasn’t negligent, since Elizabeth was still entitled to show that Darrell failed to brake quickly enough or was traveling at an excessive speed.
Each personal injury matter will come with its own set of challenges. Even if you may think that your case is impossible to win or a “long shot,” don’t simply assume. Get advice from knowledgeable professionals. At the Cardone Law Firm, our experienced Louisiana truck accident lawyers have spent many years providing our clients with creative and diligent representation to help them pursue the compensation they need.
For your confidential consultation, contact us online or phone Cardone at 1-888-89-CARDONE (1-888-892-2736).
More Blog Posts:
Who Can Be Held Responsible If Malfunctioning Brakes Caused Your Truck Accident, Louisiana Injury Lawyers Blog, April 3, 2018
How Cardone Law Firm Handles Commercial Truck Accidents, Louisiana Injury Lawyers Blog, Feb. 5, 2018