Aggressive Representation for Victims of Rear-End Accidents
Under Louisiana law, if your vehicle is involved in a rear-end collision with another vehicle, the driver of the vehicle that rear-ended you is presumed to be at fault for causing the rear-end collision. That is because Louisiana Revised Statute 32:81 imposes a duty upon the driver of a following motor vehicle to maintain a “reasonable and prudent” distance from the preceding vehicle, “having due regard for the speed of such vehicle and the traffic upon and the condition of the highway.”
In other words, a driver must be observant of the vehicle in front of him or her, leaving enough distance between their vehicle and the leading vehicle so that they can stop safely and avoid a collision, should something happen with the leading vehicle.
However, the driver who caused the rear-end collision may free themselves of fault by proving 3 things:
- He had his vehicle under control;
- He closely observed the vehicle in front of him; and
- He followed at a safe distance under the circumstances.
Louisiana courts have recognized several situations where the rear-ending driver may not be presumed to be at fault for causing the collision. An example is when a driver rear-ends another vehicle after that vehicle veered into their lane, leaving them with no opportunity to avoid the collision.
Additionally, if a driver unsafely enters a highway from a private driveway or from the shoulder, then gets rear-ended, the rear-ending driver may be free of fault for causing the accident.
Areas we Proudly Serve
- East Baton Rouge Parish
- West Baton Rouge Parish
- Plaquemines Parish
- Livingston Parish
- Ascension Parish
- Jefferson Parish
- Orleans Parish
- St. Charles Parish
- Terrebonne Parish
- Assumption Parish
- Lafayette Parish
- Lafourche Parish
- Lafayette Parish
- St. Landry Parish
- Evangeline Parish
and the cities of
- Baton Rouge
- Denham Springs
- Port Allen
- New Orleans
- Ville Platte
- Belle Chasse
Mr. Russell is an experienced and skilled Baton Rouge-based attorney when it comes to rear end collision cases who has aggressively represented his clients.
If you have suffered a personal injury from a rear-end accident, call the Russell Law Firm at 225-307-0088. We are experienced in handling the complex legal issues, losses, and medical needs of rear end collision cases. Mr. Russell will take a hands on and aggressive approach at getting you the medical treatment and compensation you deserve.
Information furnished herein is only general and not a substitute for personalized legal advice. ****The photograph above is not a depiction of any actual event or scene, but merely a dramatization.