Speed is often a factor in car accident deaths

Nearly Louisiana driver exceeds the posted speed limit at least occasionally. What many people forget is that controlling a vehicle at higher speeds is more difficult, which can lead to a serious car accident. In the case of a recent crash, both speeding and darkness appear to have been factors in the accident.

The crash occurred at approximately 6 p.m. on a Wednesday, after the sun had gone down. That evening, a 14-year-old high school freshman was riding his bike south along Louisiana 73. At the same time, a 26-year-old man was driving a pickup in the same direction behind the teen.

Somehow, the pickup truck struck the bicyclist. The impact threw the teen off his bike, resulting in fatal injuries. Police report that the bicyclist was riding in the road but was quick to add that he had the right to be there.

So long as bicycle riders obey the same rules of the road as those operating motor vehicles, they can be on the roads. The driver of the pickup truck is said to have exceeded the speed limit at the time of the crash. The driver now faces charges of negligent homicide and speeding.

The family of the victim retains the right to file a wrongful death claim in connection with this car accident. The criminal proceedings may provide the family with evidence they need to establish negligence, which is an integral part of any such civil action. Even if a civil court finds that the victim was partially responsible for the accident, the family could still be entitled to restitution. 

Source: theadvocate.com, "Dutchtown High student killed in Ascension Parish bicycle accident; 26-year-old arrested", Ellyn Couvillion, Dec. 10, 2015

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Vincent J. DeSalvo, Attorney at Law
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