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Articles Posted in Car Accident

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Look Both Ways Before You Cross!: Pedestrian Fault Allocation

People often assume that pedestrians always have the right of way. While this adage is partially true, pedestrians who avoid proper safety protocols can be found more at fault for an injury than the car that struck them. If avoiding physical trauma is not motivation enough to look both ways…

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Vicarious Liability Doesn’t Always Extend Liability for an Employees Actions

Vicarious liability in the context of work-related accidents is a complex legal issue that necessitates careful analysis of the state’s code. The case of Sarah Barber serves as a compelling example of the potential consequences when a government employee causes an accident while performing their job duties. Understanding the nuances…

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Seeking Justice After a Car Accident: The Importance of Legal Representation for Fair Compensation

Being involved in a car accident is unfortunate, especially when it leaves you with long-term pain and suffering. If your injuries are a direct result of a car accident, you may be entitled to compensation from those who caused them. Rather than risk representing yourself in the legal process and…

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Final Judgment Lacking Decretal Language: What Happens to Your Case?

It is well known that every court order contains a physical copy declaring what the verdict of the case is, otherwise known as a final judgment. However, the order must contain what we call “decretal language.” But what in the world does that mean?  The Louisiana Third Circuit Court of…

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Understanding Insurance Exclusions: A Case of Property Damage Coverage for Borrowed Cars

Borrowing a car from family or friends is a common occurrence. While you might think your car insurance protects you in the unfortunate event you are involved in a car accident while driving the borrowed car, it is essential to be aware of exclusions that might apply to your insurance…

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Understanding Recovery in Excess of Insurance Coverage in Car Accident Cases in Louisiana

Receiving compensation from the at-fault driver’s insurance policy after a car accident can bring relief. However, it is essential to be aware of the potential complications if the awarded amount exceeds the other driver’s insurance policy limits. This case serves as an example of what can happen in such situations…

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Navigating Conflicting Testimonies in Car Accident Cases

Assigning fault in a vehicle accident can be challenging, especially when witnesses present conflicting accounts of what transpired. The struggle to ascertain the truth becomes even more pronounced when there are discrepancies in testimony regarding the events leading up to the accident. But what happens when conflicting narratives emerge in…

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Trial Courts Must Use Clear, Definite Language For a Final Judgment to be Valid and Appealable

Every day, individuals rely on the court system to resolve disputes, to ensure due process, and to serve justice. Individuals who are victims of an accident and suffered injury often need the courts to be restored to their previous condition. However, when a court issues an unclear final judgment, you…

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Allocation of Fault and Damages in a Car Crash: Who is Right?

If you ever find yourself injured in a car accident, it’s crucial to seek legal advice from a licensed attorney in your jurisdiction. Consulting with an attorney can help you understand your rights and determine if you are entitled to compensation, depending on the allocation of fault. Car accidents can…

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Should Courts Limit Liability for Distracting Passengers?

From a serious crash to a minor fender bender, car accidents take a devastating emotional and financial toll on the people involved. Common principles of fairness suggest that if a distracting passenger helped cause the crash, they should also be liable to help pay. Unfortunately, deciding which acts are sufficiently…

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