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Fault is determined based on who caused the wreck. This can be established through the police officer who investigated the wreck, the insurance company, or witness statements from the parties involved.
You can be up to 50% at fault for the accident and still recover damages in Louisiana. However, your compensation will be reduced by the percentage of your fault.
For example, if you were entitled to $100,000 in compensation without any fault, then you would receive $70,000 if you were found to be 30% at fault for your accident.
If you are determined to be 51% or more at fault for the accident, you will not be able to recover any damages.
An experienced personal injury attorney can help you reduce your assigned percentage of fault by arguing with the insurance company that their assigned percentage is incorrect.
This can be done by providing additional evidence, such as dashcam footage, witness statements, and the testimony of accident reconstruction experts. This evidence can be used during negotiations with the insurance company or in court.
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