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Louisiana wrongful death: LBFTS claims following fatal accidents

Following a fatal auto accident, it is common to hear the responsible party claim that they looked but failed to see the victim, sometimes referred to as LBFTS accidents. Such a claim can be difficult for some people to understand, particularly if their loved one clearly had the right of way or was in plain sight. There is a reason why some people miss obvious things when behind the wheel of a car. This reason, by no means, gives the responsible party an out when it comes to liability. Louisiana residents who have lost loved ones in fatal auto accidents may pursue compensation for their losses by pursuing wrongful death claims in civil court.

The reason some people do not see motorcyclists, pedestrians, traffic signals or signs and sometimes other vehicles is because of inattentional blindness. The brain takes in a lot of information all of the time. Sometimes, it has to pick and choose what it will retain and what it will filter out in any given moment. When driving, there is a lot going on. Sometimes, the brain filters out information that it shouldn't which leads to drivers making bad decisions and causing accidents.

A study out of Australian National University suggests that most drivers fail to see obvious things right in front of them because they do not expect them to be there. The smaller the object, the easier it is for the brain to say it must not be important, so it filters it out. In fact, nearly half of all study participants failed to notice an object that turned a safe driving situation into a dangerous one.

The look-but-failed-to-see-claims may be valid, as science has shown that it is very possible for someone to see an object but not really register that it is there. That does not mean that drivers are not accountable for any actions they take because of inattentional blindness. Louisiana residents who have lost loved ones in LBFTS accidents may be entitled to seek relief for their losses. A wrongful death attorney can review the details of one's specific case and help one pursue the appropriate legal claims against the responsible party in an effort to seek fair and full compensation.

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