Louisiana state law is clear about the rules of the road for drivers on public roads. They must yield the right-of-way to other motorists, bicyclists, and pedestrians near them, and failing to follow these rules can lead to getting an expensive traffic ticket. Perhaps more importantly, it can serve as grounds for a personal injury lawsuit if a driver’s right-of-way offense caused a traffic collision that leads to someone else sustaining a severe injury.
When you were injured in a failure to yield car accident in Baton Rouge, you have help available from the seasoned car accident attorneys at Tomeny | Best. From start to finish of your legal proceedings, your dedicated attorney could handle every aspect of your case and work tirelessly to secure the best possible outcome, even if it means going to court to receive fair payment.
Is Someone Who Fails To Yield Always at Fault for an Ensuing Wreck?
Like any other traffic law violation, failing to yield appropriately in Louisiana qualifies as a breach of the duty of care. All drivers must always act lawfully and responsibly behind the wheel. Any such breach of duty that directly causes an otherwise avoidable injury constitutes legally actionable negligence. When someone can prove another person did not yield properly before a car crash in Baton Rouge, they usually have solid grounds to hold that other person at fault for crash-related injuries.
However, even someone who committed a failure-to-yield offense is not automatically 100 percent at fault for an ensuing collision. If an injured motorist filing suit over that incident is found to have contributed to causing it through their negligent driving, Louisiana Civil Code § 2323 allows courts to reduce the total compensation available to that injured person in proportion to their share of fault.
Recovering From Short-Term and Long-Term Damages
Another detail worth noting about lawsuits for failure to yield wrecks and other auto accidents in Baton Rouge is the filing deadline set by the statute of limitations, which allows a person who was injured after July 1, 2024, to have two years to bring an injury claim. If a person was injured before this time, they only have one year.
This means it may be necessary to estimate a fair value for expected future losses like medical expenses, lost working and earning capacity, physical pain, and mental anguish well in advance of when they fully manifest or even begin to happen. Support from an experienced legal professional can be especially crucial to recovering comprehensively for these sorts of damages.
Contact a Baton Rouge Attorney for Help with Your Failure To Yield Car Accident Claim
Proceeding out of turn at an intersection or merging onto a public road from a private one is one of the most dangerous things anyone can do behind the wheel. Despite that fact, filing a suit over a failure to yield car accident in Baton Rouge can be far from a simple process, especially if you need to recover from long-lasting injuries.
Working closely with a well-versed lawyer from Tomeny | Best could dramatically improve your chances of obtaining the compensation you need for the harm you sustained. Call today for your free consultation.
