Many people assume that the driver of the vehicle that actually made first contact in an accident is the one that is at fault. However, that isn’t always the case. There are times that the actions of the vehicle that was hit actually caused the auto accident. This may have been the case in an accident that recently caused the death of a Louisiana man.
The 69-year-old man was traveling south on Louisiana Highway 1 on his motorcycle recently. At the same time, a 74-year-old woman had pulled off of the road onto the shoulder. When she pulled back out onto the highway to make a U-turn, she did so right in front of the motorcycle.
The motorcycle rider was unable to avoid colliding with the driver’s side of the woman’s car. Emergency personnel transported the man to an area hospital to be treated for his injuries. Unfortunately, medical personnel were unable to save the man’s life, and he was pronounced dead sometime later. The woman driving the car was taken to another area hospital to be treated for what have been described as minor injuries.
Investigators have not yet indicated whether they will be filing any charges against the woman in connection with this auto accident. Under our state law, the family of the victim retains the right to file a wrongful death claim against her regardless of what happens with the official investigation. They will need to show evidence to a court establishing that she was negligent and that her negligence caused or contributed to the death of the motorcycle rider. If they are able to do that, the court may award them the costs and damages incurred as the result of their loved one’s tragic death.