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

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.

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Attorney answers 7

Posted

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 establishes an attorney-client relationship. Because every case is factually dependent, it is not possible to accurately answer each question posed. If you have sincere legal concerns, it is highly recommended that you seek legal counsel in your area. Any response is not intended to create, nor does it create, a continuing duty to respond.

Tiffany Dianne Garland

Tiffany Dianne Garland

Posted

Also, your insurance company should provide you with a defense under your insurance contract. Read your insurance policy, pay special attention to the provisions involving a duty to defend or provide you with defense. Contact your insurance company and discuss the claim filed by the other party. Your insurance company will either negotiate settlement on your behalf, or should appoint counsel if settlement is not possible. You have the right to retain an independent attorney if you wish to do so.

Posted

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 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www. KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

Asker

Posted

I would still be at fault even though the driver was negligent to the weather conditions, pulling out quickly in front of me and breaking to let another vehicle into flowing traffic?

Posted

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.

Asker

Posted

How do you recommend I find the police report with out an officers name or report number? I have never been in an accident before and don't know where to begin. Thank you for your helpful response.

Albert Lee Crosner

Albert Lee Crosner

Posted

You can go to the police station closest to the scene of the accident. You will need to show them your drivers license and tell them the date and time of the accident and location of the accident. They should be able to find the report based on that.

Posted

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.

Posted

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

Posted

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.

Posted

Asked and answered.

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