Can I Still File a Car Accident Lawsuit in Louisiana if the Police Report Says I’m at Fault?

By Peyton Murphy

Peyton Murphy has been fighting against big insurance companies for nearly 30 years as one of the top Baton Rouge personal injury lawyers and car accident attorneys.

Car accidents happen quickly. In the aftermath of these wrecks it can be hard to sort out all of the information and accurately assign fault at the scene. Police officers at the scene of a car wreck are a lot more concerned with everyone’s safety and clearing the road so that normal traffic conditions can resume than they are at seriously investigating a car crash and assigning fault for it. They want to get their paperwork filled out and the street cleared so that they can go back to doing their other duties.

Sometimes police officers make mistakes in their reports. You might have been assigned fault for a car accident that you were involved in, but you don’t think it was your fault. You may be wondering if you can still file a car accident lawsuit to recover compensation for damages and injuries if the police report lists you as the at fault driver, and the answer is yes. Let’s take a closer look at factors you should consider.

Contradictory Evidence

Police reports are a valuable piece of evidence, but they are not the end all be all in car accident cases. Judges and juries know that police work really hard, and sometimes their reports aren’t completely accurate. If you have compelling evidence that contradicts aspects of the police report, this evidence could outweigh the evidence of the police report in your personal injury trial. After your car accident, it is important to try to gather as much evidence as you can if you are able to. All of this evidence will help you later. Additionally, it is important to seek legal counsel as soon as you can following your car accident. Your personal injury lawyer has a team of people that can help them further investigate your accident, gather additional evidence, and get witness statements. If enough evidence was found to contradict the police report, then the police report will not have a huge effect on your car accident case.

Comparative Negligence

Louisiana is a pure comparative fault state. What does this mean in car accident cases? It means that the amount of compensation that you can recover for damages is reduced by the percentage of fault assigned to you by a judge or jury. For example, if you are in a car accident and it is found that you are 50 percent to blame for it, you can only recover 50 percent of the compensation for the damages you incurred.
Even if you are the at fault driver in the police report you can still recover compensation for your injuries and damages in the state of Louisiana. You need to hire a car accident attorney to help you fight your case. A good car accident lawyer will gather evidence and fight for you in court, to try and reduce the percentage of fault you are assigned for the car accident. Remember, it is almost impossible to accurately dole out fault by any mathematical principles. Judges and juries, will ultimately, make the final determination on the percentage of fault assigned to each driver. Therefore, it is important to have a car accident lawyer with trial experience on your side so that you have the best shot at a favorable outcome.

In Louisiana, you can be 90 percent at fault for a car accident and still recover ten percent of the compensation for your damages. Don’t give up just because the initial police report assigns fault to you. The first thing you need to do is hire a good personal injury attorney and tell them about your car accident. If there is a possibility for you to recover compensation for your injuries and damages, they will help you find a way to try and do so.

Baton Rouge Car Accident Attorneys

If you’ve been hurt in a car accident, seek legal help from the experienced car accident attorneys at Murphy Law Firm. Our team of personal injury lawyers in Baton Rouge, near Denham Springs and Central, has over 150 years of combined litigation experience, and a reputation with insurance companies that we will take our cases to trial if that is what it takes to get our clients the compensation that they deserve. Don’t settle for a settlement mill! Hire a car accident lawyer who will take your case to trial and has the experience necessary to help you win. No matter if you’ve been hit by a drunk driver, a truck driver, or even a driver with out insurance, Peyton Murphy and our team will fight for you! No matter what city in Louisiana you’re in, call Murphy Law Firm today at (445) 948-8800 to set up a FREE consultation to discuss your car accident with a personal injury attorney.