Am I at fault from being the rear-endee during a heavy Louisiana rain storm? I was driving at 35 mph (posted 45 mph)

Asked over 1 year ago - Baton Rouge, LA

during a heavy rain storm. A Jeta pulled out in front of me splashing a large amount of water onto the windshield. Causing no vision of the road. I put on the wipers and the Jeta had braked to let another car into the travel lane. I braked and hydroplaned into the car at 10 mph. The Jeta was a rental car. We got out to asses damage and found one small buff about a 1/2 inch into the on the plastic bumper liner of the Jeta and one small scratch on the hood of my car.
The police where called and no citations where written. The other driver admitted to breaking abruptly to the officer. The officer left with out giving a police report (but filed one). The Jeta filed a claim almost 60 days later at my fault; for a full rear end repair and time lost. Am I at fault? I have one picture available.

Attorney answers (7)

  1. Tiffany Dianne Garland

    Contributor Level 11

    2

    Lawyers agree

    1

    Best Answer
    chosen by asker

    Answered . There is a presumption under Louisiana law that the rear-endee is at fault, however, this is a rebuttable presumption. So, to answer your question, you are presumed at fault but you can rebut this and prove otherwise through evidence and testimony of all parties.

    Information provided in this response is intended to be informational or educational only. It in no way... more
  2. Michael D. Conroy

    Contributor Level 13

    2

    Lawyers agree

    Answered . The driver of a car that rear ends another is presumed to be at fault. You can present your evidence at trial to rebut this presumption. The judge will apportion fault as appropriate. The damages you describe do not seem significant enough to warrant litigation.

    This response does not creat an attorney client relationship. In all cases, I recommend you seek a paid... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Asked and answered.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  4. Albert Lee Crosner

    Contributor Level 19

    2

    Lawyers agree

    1

    Answered . I would recommend that you immediately contact a personal injury attorney there in the Baton Rouge area to review this matter carefully with you. Many attorneys offer a free consultation that you can use to discuss the matter with the attorney. You did not indicate what the police report stated and if you did not yet receive one, get a copy and take it with you to the free consultation to show to the attorney. Also, if you took any pictures, take those along with you and well as any insurance information.

    The above is general legal and business analysis. It is not intended nor construed to be "legal advice" but rather... more
  5. Michael Shemtoub

    Contributor Level 17

    2

    Lawyers agree

    Answered . The issue here is that you are responsible to be in control of your vehicle at all times. If you were in full control of your vehicle you would not have rear ended him. The jetta does have a claim against you so I would advise you to contact a local attorney immediately for representation.

    Check out my website below and give me a call for a free consultation if you are a California resident 877-427-... more
  6. David J. McCormick

    Contributor Level 20

    2

    Lawyers agree

    Answered . Rpeat question. See previous answer.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  7. Kevin Coluccio

    Contributor Level 20

    1

    Lawyer agrees

    Answered . A driver always has the obligation to control his or her vehicle. You should report the incident to your insurance carrier.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,774 answers this week

3,025 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,774 answers this week

3,025 attorneys answering