Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Louisiana Civil Code article 2315 (La. C.C. art. 2315), a plaintiff must prove duty, breach, causation, and damages. In collisions at traffic signals or exits, evidence to establish these elements often includes:
1. Duty and Standard of Care
All motorists owe a duty to obey traffic-control signals under Louisiana Revised Statutes § 32:122 (La. R.S. 32:122). Drivers must stop on a red light, yield on yellow when required, and follow posted signs at exits.
2. Breach of Duty
To demonstrate a breach, you can introduce:
- Traffic camera or surveillance footage: Video showing signal phase and the other driver’s actions.
- Police report: Official observations, diagrams, and citations for signal violations.
- Witness statements: Eyewitness accounts of the signal color, vehicle speed, or failure to yield at an exit.
- Photographs and measurements: Scene photos, skid marks, signal timings, and roadway layouts.
- Vehicle Event Data Recorder (EDR): “Black box” data showing speed, brake application, and steering inputs just before impact.
3. Causation and Damages
Linking the breach to your injuries and losses may involve:
- Accident reconstruction expert report: Analyzes how a red-light or exit violation caused the collision.
- Medical records and bills: Document injuries and treatment related to the crash.
- Repair estimates: Vehicle inspection reports and invoices for parts and labor.
Helpful Hints
- Preserve all evidence immediately: secure dashcam footage, photos, and witness contacts.
- Obtain and review the full police report early; verify signal phase details.
- Request EDR data and traffic-camera records through proper channels.
- Consider hiring an accident reconstruction professional for detailed analysis.
- Keep a detailed injury and expenses log: record pain levels, visits, and out-of-pocket costs.