Lee M. Schwalben, M.D., J.D., LLC
Personal Injury Law
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Did a driver's failure to pay attention cause fatal accident?

There are certain circumstances under which the probability of being involved in an accident is higher than normal. One of these times is when a vehicle is pulling out into traffic from a parking lot or other driveway. If the merging Louisiana driver is not paying adequate attention to the flow of traffic, a fatal accident can easily occur.

This is especially true when the vehicle already traveling the primary roadway is a motorcycle. Far too many drivers tell police in the aftermath of an accident that they fail to see these smaller vehicles. It is not know if this is the reason the driver of a car recently involved in a fatal crash involving a motorcycle gave to police after pulling out in front of the smaller vehicle.

Nevertheless, the car entered the flow of traffic from a private driveway, but did so directly into the path of a motorcycle. It crashed into the driver's side of the car. The motorcycle rider was partially thrown off the bike. The impact caused the 20-year-old biker to suffer fatal injuries at the scene.

It is not yet known whether the car driver will face charges in connection with the rider's death. However, his family may file a wrongful death claim against the driver to seek restitution for the loss of their loved one with regard to this fatal accident. Proving negligence in a civil court case is not as difficult as it is in a criminal case, where the standard of proof is more stringent. Even if criminal charges are not filed, the family may still be entitled to receive an award of monetary damages from a Louisiana civil court.

Source: klfy.com, "Update: Police identify victim in fatal motorcycle crash", Sept. 12, 2015