Baton Rouge offers warm temperatures and favorable conditions most of the year, but the area can also see a variety of bad weather events. Car accidents involving bad weather in Baton Rouge are not uncommon during these periods and can leave you or a loved one with serious injuries.
While bad weather is impossible to control, a driver’s failure to reasonably respond to these conditions could establish liability for injuries from a resulting accident. Our tenacious car accident attorneys at Tomeny | Best help clients injured in bad weather accidents by filing a lawsuit to pursue compensation for accrued damages.
Types of Bad Weather Events That Could Cause an Accident
Baton Rouge is in the Southern part of Louisiana but is Northwest of New Orleans, making it susceptible to various weather conditions. Some of the bad weather events that could occur in the area could include the following:
- Severe Thunderstorms
- Flooding
- Tornadoes
- Hurricanes
- Extreme heat
- Winter weather
These weather events can create a host of issues that impair the safety of drivers and others on the road. For example, bad weather in Baton Rouge could negatively impact a driver’s ability to control their vehicle or limit their ability to see hazards, which may result in an auto collision.
Determining Fault and Liability
Louisiana state law holds people accountable for their fault in causing injury to others by making them liable for related damages under Civil Code Section 2315. In the case of car accidents in Baton Rouge involving bad weather, the fault could exist through a driver’s failure to adjust their speed or use necessary equipment for safe driving. For instance, Louisiana Revised Statute 32:58.1 outlines drivers’ duty to operate their vehicles carefully to avoid creating a wake while driving during flood conditions.
A bad weather car accident could also result from other violations of Louisiana’s Motor Vehicle and Traffic Regulations, including distracted or intoxicated driving. A skilled attorney could pursue a detailed investigation to make sure that all possibilities are accounted for in a claim.
How the Comparative Fault Rule Could Limit Compensation
Fault for a car accident involving bad weather in Baton Rouge could spread to multiple parties, including an injured person, depending on the circumstances. Louisiana’s comparative fault rule under Civil Code Section 2323 applies in these situations and apportions liability for injuries by a person’s percentage of fault for the accident. This could limit the damages an injured person could recover through a jury’s award in proportion to the percentage of fault they have for their injury. A Tomeny | Best lawyer could benefit people who have sustained an injury from a car accident by reviewing facts and raising arguments that fairly reflect a defendant’s liability for the accident.
Understanding the Filing Deadline
If you were injured in a severe accident, due to the statute of limitations, a person has two years to file a claim if they were injured after July 1, 2024. If they were harmed before this time, they only have one year to pursue an injury claim. A skilled lawyer from our firm could help a person to understand their legal options during this time.
Get Help From a Baton Rouge Attorney with a Claim for a Car Accident Involving Bad Weather Today
When you or a loved one were injured in a Baton Rouge car accident involving bad weather, reach out to our legal team at Tomeny | Best. We could help you identify possible claims and damages in a case and determine the potential filing deadline based on the Louisiana statute of limitations (Prescriptive periods in Louisiana).
Let us take the lead in your case by filing necessary court documents, building a case through available evidence, and advocating for your rights in court. Contact our practiced lawyers today for a free consultation.
