Police in Louisiana have been investigating a crash involving a motorcycle and a van that left one person dead. This incident occurred mid-February in Thibodaux. Fault has yet to be determined, but if the victim’s surviving family members believe negligence contributed to his death, they may seek compensation by filing a wrongful death claim in civil court.
According to reports, at approximately 6:30 a.m. on Feb. 16, a 20-year-old man from out of state was operating his motorcycle on LA 20 when he hit a van. This individual did have a helmet on, but he still suffered fatal injuries and died at the scene. Police believe he may have been speeding when the accident occurred. Toxicology test are also being run to check for impairing substances in his system — which is standard procedure.
The individual driving the van — also a 20-year-old male — was attempting a left-hand turn when the collision occurred. It was not reported if he suffered any injuries in the wreck. Police say that he tested negative for impairing substances. It has not been reported if any charges will be filed against this young man.
When it comes to auto accidents, there are a lot of factors that must be taken into consideration before determining fault. Victim blaming is often a problem. Here’s the thing, even if a victim is thought to have contributed to the cause of an accident — known as comparative negligence — it does not mean that all hope for seeking compensation is lost. In this case, the victim’s surviving family members may still be able to successfully litigate a wrongful death claim in a Louisiana civil court if any level of negligence can be established against the driver of the van. Full or even partial relief can be awarded, depending on how things play out.
Source: wgno.com, “20-year-old Alabama man killed in Terrebonne Parish motorcycle crash“, Feb. 16, 2018