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Are you automatically at fault in Louisiana if you rear-end someone?

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Rear-end collisions are a common type of auto accident.  In most cases, the driver that rear-ends a vehicle is presumed to be at fault for the accident.  This rule is established by La. R.S. 32:81.  The vehicle whose front bumper hits the rear bumper of another vehicle is usually at fault for an accident because (1) that vehicle has the ability to take the most evasive maneuvers to avoid the accident and (2) its driver has the best view of the vehicle ahead.  However, not every rear-end collision is caused by the negligence (fault) of the driver that hits the vehicle ahead of his.

The leading vehicle can do negligent things that cause or partly cause a rear-end accident.  Examples are below:

  • If the leading vehicle backs/reverses into the vehicle behind it, the leading vehicle will be at fault. It is illegal for vehicles in most cases to back up on Louisiana roadways.  See La. R.S. 32:281(A) (“The driver of a vehicle shall not back the same unless such movement can be made with reasonable safety and without interfering with other traffic.”).  Thus, it is clear that a vehicle that reverses and hits the vehicle behind it is at fault for the accident.
  • If the leading vehicle does not have working brake lights the vehicle’s driver may be at fault or partially at fault if it is rear ended at night because it is illegal to operate a vehicle without functioning brake lights in Louisiana.
  • If the leading vehicle creates an emergency for no reason, the leading vehicle’s driver will be at fault for the accident.  For example, if the leading driver was texting and accidentally slammed on the brakes after dropping her phone, the leading vehicle’s driver will be at fault if she is rear-ended because it is illegal in Louisiana to text while driving.  See La. R.S. 32:300.5.
  • If the leading vehicle creates a sudden stop emergency by merging into a lane in front of another vehicle and stops quickly, the merging vehicle will be responsible for the accident. This type of negligent maneuver is often called a “swoop and stoop” in Louisiana.

A party to an accident should never assume that he or she is at-fault for an auto accident.  If your gut tells you that you were wronged by another driver in an accident, you may be right.  It is always good to consult an accident attorney before you write off an accident as your fault.  Any accident or auto injury attorney that is worth his or her salt, will give you a free consultation.  And just because you receive a ticket after an accident, does not mean that you are 100% at fault for an accident.  Even if you are partially at fault, you may be entitled to receive compensation for your pain and suffering, medical bills and lost wages.  Always check with a personal injury attorney after an accident to see if you have a case.

If you have questions about a Louisiana auto accident including whether or not you have a claim for injuries, contact Lawyer Don D’Aunoy today.  His office provides FREE consultations and house calls.  He also has Spanish translators on staff.  His office can be reached at 504-508-6414.


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