Traffic signals are in place to promote the safety of motorists, pedestrians, and bicyclists while on the road. While waiting for a red light to turn is sometimes a daunting experience, the signal is ultimately in place to promote your wellbeing. Yet, when a traffic signal is regarded as a suggestion rather than a mandate, the consequences can be deadly. The Insurance Information Institute reports that failure to obey traffic signals results in thousands of deaths each year.
This can include:
- Disregarding posted speed limits
- Failing to yield to the right of way
- Bypassing stop signs or red lights
- Failing to merge when a lane ends
- Turning into an entrance marked as “wrong way”
At the Morris Bart law firm, we believe that you should not be subject to any more pain and suffering after being in a collision caused by a negligent driver. Our dedicated legal team can work to help you recover financially by pursuing the cost of your medical bills, lost income, and emotional trauma. To get started with a free case review, call our team today at (800) 537-8185.
Failure to Obey Traffic Signals Is Aggressive Driving
Let us look at the following scenario to explain the legal implications of your accident. Let’s say that you were entering an intersection in which you had the right of way. Another motorist had a red light, but ran through it, striking your vehicle. At the scene of the crash, the attending police officer may have given a ticket to the negligent driver, because they violated Louisiana Revised Statute §32:232, which outlines how motorists must react to certain traffic signals.
You may have learned that the other motorist was ticketed and thought that because the state took legal action, you could not file a lawsuit on top of that. That is not true. Even if the other motorist was ticketed or charged with a crime, you still have the option of taking your case to court. In fact, your lawyer can even use the citation as evidence to support our claim.
Other examples of evidence your lawyer can use to promote your case’s success include:
- Traffic surveillance footage
- The information included in the police report
- Eyewitness testimony
- Statements from an accident reconstruction specialist
- Photos and videos of the accident scene
At the Morris Bart law firm, we believe that you should not have to shoulder the expenses of an accident you did not cause. If we can establish that another driver’s failure to obey traffic signals caused the collision, you could receive monetary compensation for your economic and noneconomic damages.
To get started with a free case review, call the Morris Bart law firm today at (504) 613-4771.
For a free legal consultation with a Failure to Obey Traffic Signals Accident lawyer serving Kenner, call 800-537-8185
Compensation in a Successful Claim or Lawsuit
Your Kenner failure to obey traffic signals lawyer will first try to resolve your claim outside of the court system. In an ideal situation, the at-fault party will accept responsibility for their actions, and you will be compensated for your losses without any conflict. Unfortunately, in your situation, this may not be the case. If your legal team cannot reach a fair settlement agreement with the liable party and their insurer, you have the option of taking your case to court. Under Louisiana Civil Code 3492, you generally have a one-year period from the date of the collision to file a lawsuit.
If the presiding judge rules in your favor, you could recover compensation for:
- Medical bills, including past, present, and projected expenses
- The cost of physical therapy or mental health counseling
- Lost wages
- Diminished earning capacity
- Pain and suffering and inconvenience
- Emotional trauma
- Dismemberment
- Disfigurement
- Disability
Your lawyer can advise you on your recovery options after reviewing the details of your case. Call the Morris Bart law firm today.
Establishing Negligence in Your Case
Your lawyer will implement various legal strategies to promote your chances of financial recovery. One of those strategies will involve establishing that the other driver acted negligently and caused your injuries.
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Your Legal Team Will Have to Demonstrate:
Duty of Care
Every driver assumes this obligation when choosing to get behind the wheel of any vehicle. Duty of care simply refers to one’s responsibility to take actions that another reasonable person would in the same situation.
Violation of Duty of Care
The second a motorist performs an action that could result in harm to another person, they have breached their duty of care. This includes failing to obey a traffic signal.
Causation
Your lawyer will need to demonstrate that because the negligent driver engaged in unsafe practices, they directly caused the collision in question.
Damages
You must have quantifiable damages stemming from the accident. Your lawyer can establish this by demonstrating your losses as outlined in your medical bills and lost wages.
After establishing negligence in your case, your lawyer can employ other methods of pursuing compensation for the cost of your related expenses.
Call Morris Bart LLC Today to Learn More
Whether you are familiar with Louisiana law or not, you have legal options. Rather than serve as your own advocate while recovering from your injuries, we encourage you to call the Morris Bart law firm today.
A Kenner failure to obey traffic signals lawyer can:
- Investigate the elements of your case
- Calculate the total cost of your economic and noneconomic damages
- Assign fault and liability
- Consult with third-party field experts to learn more about your injuries
- Operate on a contingency-fee basis
- Address any questions or concerns you may have throughout the legal proceedings
- File a lawsuit, if necessary
Members of our team are eager to learn more about your situation and help you determine a course of action. To get started with a free, no-obligation case review, call the Morris Bart law firm today at (504) 613-4771.
Questions?Call 800-537-8185
to find a Morris Bart office near you.