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Schwalben Law Firm
Lee M. Schwalben, M.D.,J.D.,LLC

Admitted to practice in law Louisiana, New York and *Florida

Lake Charles
337-494-5757

BATON ROUGE
225-763-7777

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Schwalben Law Firm

Lee M. Schwalben, M.D.,J.D.,LLC

Admitted to practice in Louisiana, New York and *Florida

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Police say driver lied about being involved in fatal accident

On Behalf of | Mar 14, 2016 | Firm News, Wrongful Death | 0 comments

Troopers with the Louisiana State Police were called to the scene of a crash that recently occurred on Louisiana Highway 139 at approximately 7:50 p.m. Upon arrival, troopers found only one driver at the scene. It was determined that the other driver had left the scene of what became a fatal accident.

The victim’s vehicle had stopped in order to make a left turn into the driveway of a business. Another vehicle came up behind the stopped car and slammed into the back of it. The driver of the second vehicle then fled the scene.

The 27-year-old driver and the passenger in the front seat of the vehicle that was turning left were wearing seat belts. There was a 1-year-old boy in the backseat who was buckled into an adult seat belt without a child safety seat. The two adults suffered only minor injuries. Not surprisingly, the boy was seriously injured and was transported to a hospital in the area. Sadly, he later died from the injuries he suffered in the accident.

Meanwhile, the driver who fled the scene went to the Ouachita Parish Sheriff’s Office claiming that his truck was stolen. Troopers were contacted, and the 23-year-old man later admitted that he was the one driving the vehicle at the time of the crash. As a result, he is facing numerous criminal charges.

The family of the boy who died retains the right to file a wrongful death claim against the hit-and-run driver. If it is proved to a Louisiana court that his actions were negligent, and that those actions led to the death of the child, then damages could be awarded to the family. Depending on the circumstances, that award could be reduced by any percentage of liability assessed because the child was not properly restrained at the time of the fatal accident that took his life.

Source: knoe.com, “Driver who fled fatal accident claimed he was robbery victim“, March 11, 2016

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