Are you hurt because of an accident with an aggressive driver? If so, you are likely in pain and feeling overwhelmed by medical bills and property damage expenses. You have the right to hold that person responsible for their negligent behavior.
The team at the Morris Bart law firm is here to help. We can build a strong case and pursue compensation for your injuries and losses. For a free, no-risk consultation, contact us today at (800) 537-8185.
Facts About Aggressive Driving
According to the National Highway Traffic Safety Administration (NHTSA), aggressive driving is when a driver operates a vehicle “in a manner that endangers or is likely to endanger persons or property.”
It includes behavior like:
- Improper lane changes
- Failing to obey traffic signals or signs
- Failing to signal
- Making improper turns
For a free legal consultation with a Aggressive Driving Accident lawyer serving Covington, call 800-537-8185
Determining Liability in Your Case
Liability is an important factor in any personal injury case. In order to recover compensation, you must prove that another driver behaved negligently and that your injuries were a direct result of that negligence.
However, there is another important consideration when determining liability: the liability of each driver involved. Louisiana Civil Code Article 2323 follows the doctrine of comparative fault. Comparative fault allocates funds based on the degree to which each party is at fault for an accident. If the court determines that you are 20% responsible for causing an accident, even if the other driver was behaving aggressively and recklessly, you may only recover 80% of the money the court awarded you.
Using comparative fault is a common defense that the defendant’s legal team will use to reduce the amount of compensation they must pay after a car accident. In some cases, the defense may try to assert that you were more responsible for the accident than you really were. A Covington aggressive driving accident lawyer can defend you against tactics like these. To speak with a member of the Morris Bart law firm, or to have us review your aggressive driving car accident case, call us today at (800) 537-8185.
How the Statute of Limitations Impacts Your Claim
Every state places a limit on the amount of time that accident victims have to pursue damages after a personal injury accident like a car crash. Louisiana’s statute of limitations establishes a one-year limit on the amount of time that plaintiffs have to file a claim pursuing damages related to their accident. If you do not file your claim within one year of the date of the accident, you are generally barred from recovering any type of compensation.
Recoverable Damages After an Aggressive Driving Accident
There are a number of types of damages you may recover after an aggressive driving accident if you qualify. Some of the common types of damages include, but are not limited to:
- Medical costs, including ambulance rides, hospital stays, surgical procedures, medication, doctor’s examinations, therapies, and assistive devices
- Lost wages
- Future wages if your earning potential is lost or diminished
- Pain and suffering
- Disfigurement or dismemberment
- Property damage
- Out-of-pocket expenses
If your family member did not survive the accident because of the seriousness of his or her injuries, your family may be able to recover your losses in a wrongful death claim. Some types of damages you may be able to recover include:
- Burial and funeral costs
- Pain and suffering
- Loss of consortium
- Loss of support and protection
- Benefits and wages previously provided by the deceased
- Medical costs that were left to the family to pay
Punitive damages are extremely rare in injury cases. Even though the courts award a portion to the plaintiff, their intent is not to compensate for a specific loss. They are to punish the defendant for behavior that is grossly negligent and shows a reckless disregard for the safety of others. Depending on the details of your case and the actions taken by the defendant leading up to the collision, the court may choose to award punitive damages.
How a Covington Aggressive Driving Accident Lawyer Can Help
A Covington aggressive driving accident lawyer can stand up for your rights to pursue compensation to cover the cost of your losses. Some specific ways that the Morris Bart law firm can help are:
Answering Questions and Providing Legal Guidance
We understand that the entire process of filing a personal injury claim and pursuing compensation for your losses can be overwhelming, which is why we are here. We are available to answer any questions you have throughout the process and provide you with support and legal guidance.
We will collect evidence like police reports, traffic camera footage if available, and other evidence. We will interview eyewitnesses to determine what happened in the moments leading up to the crash. If necessary, we will work with accident scene reconstruction experts who can help us determine liability. Our team has worked on many cases like these before, and we know the evidence needed to build a claim.
Calculating the Value of Your Case
We will collect medical records, bills, and receipts and review statements from your physician and other medical professionals about the extent of your injuries and the impact it will have on your life. This information will allow us to calculate the total value of your losses, including the cost of your pain and suffering. It can be difficult, on your own, to determine the value of future lost wages or loss of quality of life. However, our team has done so on many occasions.
Fighting for Your Rights
We will negotiate with the insurance company or the defendant’s lawyer to pursue compensation to the fullest extent of your injuries. If necessary, we will take your case to trial to fight for your rights at court.
But remember, you do have a limit on the amount of time you have to file a claim. Memories also fade, so the sooner we get to work on your case, the easier it is to gather evidence.
For a free case review, contact the Morris Bart law firm today at (800) 537-8185.
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