Around 3:05 a.m. on Friday, January 1, 2010, an Eros man was killed when the driver of the truck he was occupying lost control and struck a tree in Jackson Parish, Louisiana. Both occupants were ejected since neither was wearing a seat belt.
Under Louisiana law, the doctrine of comparative fault applies to auto accidents. However, failure to wear a seat belt cannot be used to show comparative fault or failure to mitigate damages. If the driver is intoxicated, and he/she is at least 25% at fault in causing the accident, then he/she cannot recover for his/her own injuries. If the driver is intoxicated, the passenger may be at fault for riding with an intoxicated driver. If the roadway or shoulder is defective or if the struck tree is too close to the highway, then the State of Louisiana, through the Department of Transportation and Development, may be partially at fault. The legal rights that attach to a car wreck are complicated. In order to better understand your legal rights, you should contact an experienced attorney if you are seriously injured or if a loved one suffers a wrongful death in an automobile or truck accident.
If you or a loved one is seriously injured or suffers a wrongful death in an auto accident, contact the experienced Baton Rouge, Louisiana auto accident attorneys at Dué, Guidry, Piedrahita & Andrews. Email Louisiana injury lawyers or call (800) 929-7481 to schedule a free consultation.