Drivers must exercise caution and prudence when navigating the roadways. This is particularly true for individuals driving larger vehicles, like trucks, which can have significant blind spots. They could also cause greater damage and injuries, and even fatal accidents, if involved in a collision.
Sadly all of these possibilities came to fruition for one Louisiana family that suffered a tragic loss. A dump truck ran over their three-year-old boy. The accident occurred on a Wednesday afternoon in St. Charles Parish. The driver of the truck was apparently backing into a parking spot when he suddenly noticed a woman in his mirror, shouting to stop, but by then it was too late. The dump truck driver had backed over the young boy instantly killing him.
This is not the first fatal car accident in Louisiana history. Several accidents have occurred since the invention of the motor vehicle. And the law has followed this development to put safeguards in place to help families who suffer different injuries and losses, including the loss of a loved one.
For example, case law has established theory of negligence on which plaintiffs can rely to sue an alleged negligent driver. There are many elements that a plaintiff must satisfy to show negligence. One element is the standard of care. A plaintiff must show that the driver did not act as a reasonable person would in that situation.
The reasonable person standard is a legal fiction. It does not refer to any particular person. Instead, it considers what the ideal person would do in a particular situation. It is an objective standard, focusing on what a typical person exercising ordinary prudence would do. The factfinder, who is either the judge or jurors, evaluates whether the alleged negligent driver acted reasonably.
The factfinder will consider a host of information, including what the defendant knew, perceived and experienced. Thus, the specific facts of each case are important. Here, it is important to evaluate everything within the dump truck driver's purview.
When an individual or family is impacted y the negligence of a driver, they have options and rights to consider. In some case, filing for compensation does not only alleviate financial burdens associated with the fatal accident but it also helps the coping process.
Source: bayoubuzz.com, "3-year-old killed in dump truck accident," Oct. 31, 2013