A man who was an immigrant from Mexico was killed by a car while trying to cross a street in Louisiana on his way home. The man had been living in New Orleans for about 10 years. The accident occurred around 4:00 p.m. on Aug. 17.
A witness who saw the accident told the news source that although the driver swerved in an attempt to avoid the man, he did not seem to make an attempt to stop. He went on to report that the vehicle ran a red light prior to striking the vehicle and initially left the scene of the accident before returning. According to a public information officer with local police, the 35-year-old driver of the white Honda involved in the accident was not cited because the pedestrian was crossing the street outside of a crosswalk.
Pedestrians often do not fare well when involved in car accidents. When a pedestrian is killed in an accident, that person’s family members can file a wrongful death claim in civil court against the driver involved in the incident. The lawsuit would seek monetary compensation for the economic losses of the plaintiff that stemmed from the incident in question.
Laws governing civil litigation in Louisiana allow a plaintiff of a wrongful death suit to recover damages even if the majority of liability for the accident falls with the decedent. This is referred to as pure comparative negligence. Even if a Louisiana pedestrian may have contributed to the event that took his or her life, that person’s family members may still be able to benefit from consulting an attorney about seeking damages via a civil suit.
Source: NOLA, “Pedestrian killed on Elysian Fields Avenue while crossing to head home, witnesses say “, Adriane Quinlan, August 17, 2014