Numerous road scenarios could happen that would require someone to hire an accident injury lawyer. For example, some states have laws determining how residents are legally protected in the event of injuries during a motor vehicle accident. In Louisiana, if your work involves conducting any motor vehicle, you must mind the following two laws…
The LA CC 2323 states all parties that caused injury, death, or loss in an accident are partially at fault. It also states any compensation received “shall be reduced in proportion to the degree or percentage of negligence attributable to the person suffering the injury, death, or loss” (LA Civil Code 2323, 2016). In other words, the court studies all the accident’s causes, determines who is at fault, and awards compensation accordingly.
If a driver rear-ended you, the jury will question if you were negligent. If so, then you are partially guilty regardless of injury. The jury determines your percentage of fault, and reduces your compensation amount. However, this rule doesn’t apply if the court finds evidence that the other driver intended to damage your vehicle.
LA CC 2320 states “Masters and employers are answerable for the damage occasioned by their servants and overseers, in the exercise of the functions in which they are employed” (LA Civil Code 2320, 2016). Translation? The employer protects the defendant if another individual or organization’s driver causes an accident injury. However, there are exceptions. The defendant might have taken actions that were outside work orders, hours and guidelines. Such actions can prevent an employer’s responsibility to their employee.
If a pizza deliverer crashes and injures someone while driving off route, during hour breaks and for personal use, then the case may not result in the defendant’s favor. If the defendant’s actions occurred during hour breaks or personal use, responsibility may not fall on the employer. This individual would have to respond to the accident and injury charges alone.
In an emergency, it’s important to know and understand the civil codes from the state you’re driving in. However, some people are not always aware of these laws and their complexity. This is why it’s wise to contact an accident injury lawyer immediately. He or she can guide you through the entire legal process, and make sure you get fair judgement.
In cases like these, we will fight for your needs, and bring you justice. Our expertise is exactly what you need after a commercial car crash. At Charbonnet Law Firm, we will not stop until the justice system rewards the compensation you need to recover and move on.