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.
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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.
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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 it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I have been licensed to practice law in California since 1978. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
Rpeat question. See previous answer.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
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 consultation with an attorney with expertise in this area.
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