United States Senator Mary Landrieu was up for re-election this year. As part of her campaign efforts, people walked around Louisiana’s neighborhoods. At times, this exposed them to the same potential of being involved in a fatal accident as any other pedestrian. Recently, a 23-year-old woman doing some canvassing for Sen. Landrieu’s campaign was struck and killed.
As she walked along the edge of the roadway at approximately 11 a.m. on a recent Saturday, a pickup truck was heading her direction. For a reason not yet known to law enforcement, the driver lost control of the vehicle. It veered onto the shoulder and struck the campaign worker.
She initially survived being hit and was transported to a hospital in Shreveport. Sadly, despite the efforts of medical personnel, she succumbed to the injuries she suffered in the accident. It was not reported whether the 43-year-old driver suffered any injuries. However, a toxicology sample was taken from her to determine whether impairment contributed to the crash. Since the investigation is ongoing, authorities did not report what charges, if any, will be filed against the driver.
The family of the victim in this fatal accident may file a wrongful death claim against her regardless of whether criminal charges are filed. In order to prevail in a civil claim, it must be shown that the negligence of the party or parties believed responsible caused or contributed to the injury or death of the victim. Fortunately, the burden of proof in civil court is not as stringent as it is in criminal court. Even if Louisiana authorities do not prosecute the driver or fail to secure a conviction, it may still be possible for the surviving family to obtain a monetary judgment in civil court based upon appropriate evidence of driver negligence.
Source: ksla.com, “SPD: Pedestrian dies after W. Shreveport accident“, Dec. 6, 2014