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Pedestrian killed in collision with car, driver flees scene

Pedestrians assume a certain amount of danger when sharing the roadway with motor vehicles. This danger is heightened when it is dark and pedestrians are more difficult to see.

A motor vehicle accident recently occurred near Empire, Louisiana. The accident involved a pedestrian and a motor vehicle and occurred in the early morning hours on a nearby highway. The pedestrian died as a result of the collision, while the vehicle failed to remain at the scene. The pedestrian was reportedly walking in a lane on the highway when he was struck. Authorities are still attempting to identify the driver and vehicle involved.

Drivers and pedestrians both have a duty of care when sharing the road with each other. Drivers are required to apply reasonable care in their actions and avoid committing any negligent acts. Pedestrians, likewise, have a duty to apply reasonable care to protect their own safety. They must do what they can to avoid dangers that they should reasonably anticipate. Actions that may demonstrate negligence by a driver include speeding, intoxicated driving, distracted driving and failing to yield the right of way to pedestrians where required. However, pedestrians may be negligent in contributing to their own injuries if they unexpectedly enter traffic, fail to use crosswalks or otherwise disrupt the flow of traffic.

When a pedestrian is killed in a collision with a car, the pedestrian's immediate family members may be able to collect damages through a wrongful death action, if the circumstances warrant. Although the driver in the case above has not been found, police will no doubt be investigating the possible whereabouts of the motorist and, if they are successful in finding the culprit, such a wrongful death suit may be brought against them. If the family is successful in their claim, they may be entitled to collect compensation for any damages that they have sustained including loss of inheritance, medical expenses and loss of income, among other factors. A personal injury attorney can assist a victim's family with this process.

Source: The Republic, "State police investigate fatal hit-and-run accident in Plaquemines Parish," Aug. 15, 2014

Source: The Republic, "State police investigate fatal hit-and-run accident in Plaquemines Parish," Aug. 15, 2014

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