Louisiana laws that protect victims of crashes vary when determining eligibility to file personal injury claims depending upon the circumstances of the accident. On Thanksgiving morning, two people died in a car accident and another was critically injured according to police reports. In such situations, a surviving victim may be eligible to file a claim against a driver’s estate following the investigation if negligence is found on behalf of the driver.
The 1996 Buick Roadmaster driven by a 34-year-old man from Texas crashed into a tree after apparently losing control and running off of the road on Highway 109. The driver was killed upon impact and pronounced dead at the scene. One rear seat passenger sustained critical injuries and died later at the hospital.
A third person in the car’s front seat was taken by life-flight to a nearby Texas hospital in critical condition. The reports state that none of the three passengers were properly restrained. Even in cases where passengers do not wear seat belts, however, a driver can still be found to have acted negligently in causing an accident. Authorities did take toxicology samples, according to at least one report.
Louisiana routinely takes blood samples from car accident victims and others believed to be directly related to the incident. The analysis may take days or weeks to return for final judgment on whether impairment was a factor in this accident. If the passenger survives the critical injuries, he may be eligible to file personal injury claims against the estate of the driver if it is proven he was responsible for the accident. The family of the rear-seat passenger may be able to sue for compensation due to the death resulting from the accident.
Source: thetowntalk.com, “2 die in Thanksgiving morning crash in southwest Louisiana,” Nov. 22, 2012