Generally, a Louisiana resident cannot sue another person if the other person owed them no duty of care and caused them no harm. In the personal injury context, a victim is considered a person who suffers due to the actions or omissions of another person and who should have been protected from the responsible party’s conduct through the presence of a duty between the parties. It is usually when negligence is involved that civil legal claims may arise and victims may pursue their damages.
One of the most common types of negligence-based harm that a person can suffer is an accident while driving their car. A victim may be one their way to work when out of nowhere another car rear ends them, causing their vehicle extensive damage and the victim’s body pain and injury-related harm. Drivers who operate motor vehicles on Baton Rouge roads owe each other a duty to act reasonably and avoid causing each other harm; as such, a driver who rear ends another may not have met their duty and the cause of their failure to protect others may have been negligence.
Negligence can be distracted or drunk driving. It can be speeding, failing to signal a turn or road rage. It can be practically any form of conduct that prevents a driver from acting reasonably and that may introduce harm into their driving situation.
Negligence is a common way for a driver to cause another party harm and to become liable for the losses their victim sustains. Individuals who have suffered negligence-based car accident damages are encouraged to speak with personal injury attorneys about their possible legal claims.