One Louisiana man is dead and another injured after a head-on collision. The deceased driver was ejected from his car in the accident. Car accidents in which drivers or passengers are ejected from the motor vehicle are unfortunately not unusual. Individuals who suffer injuries in such car crashes can usually file lawsuits to recover for the damages that result from them, but much depends on the specific facts of the case.
The accident investigation revealed that the man who died was traveling north on Louisiana Highway 93. The other vehicle involved in the accident was traveling in the opposite direction. It is unclear how the two cars collided, but the accident appears to have been caused when the northbound driver crossed the center line and struck the other vehicle head-on. The younger man, who was not wearing a seatbelt, was ejected from the car. The other man was wearing his seatbelt but still suffered minor injuries.
Seatbelts play an important role in car accidents: in addition to limiting the extent of injuries, they can be a factor in determining when negligence is assessed in a lawsuit. When a fact finder is examining the case, several factors become important when determining liability. The fact finder will look at what exactly caused the damages. Although it is important to determine who caused the car accident, the fact finder will also look at whether any other facts contributed to damages, like whether either party was wearing a seatbelt.
If an individual was not wearing a seatbelt, the fact finder may conclude that the individual partially contributed to his or her own injuries. This finding may reduce the ultimate amount of any recovery.
It is important for those filing lawsuits after a car accident to consider all of the important facts. Although it may appear to be obvious who caused the accident, it may not be as obvious which facts will reduce a recovery. This is when seeking the help of a legal professional proves useful.
Source: KATC, "Unrestrained Driver Dies in Two Vehicle Crash," Nov. 18, 2012