State troopers in Louisiana recently reminded bicyclists to take the necessary precautions to make sure they are visible to vehicle operators. Bicyclists are as responsible as drivers to obey traffic laws, and the required reflective materials along with a helmet might just prevent serious injuries or worse. A recent fatal accident in which a bicyclist lost his life might give rise to a wrongful death claim, although it has not been determined who was at fault.
A report by the Louisiana State Police indicates that the accident occurred at about 10 p.m. on a recent Sunday evening. They say a 59-year-old man was heading west in the westbound lane when he was struck from behind. Reportedly, the front of a westbound SUV operated by a 37-year-old woman hit the cyclist.
Troopers rushed to the scene, but the cyclist did not survive, and he was pronounced dead by the coroner's office of Terrebonne Parish. The SUV driver was uninjured, and although impairment is not suspected, samples were obtained for toxicology testing. The results are pending. The cyclist was not wearing a helmet when he was struck, and it was not known whether his bicycle was fitted with the necessary reflective devices.
The surviving family members of the deceased cyclist may pursue recovery of damages by filing a wrongful death lawsuit in a Louisiana civil court. However, proving negligence on the part of the driver may be challenging, and the court may find the deceased man partially responsible. The logical step might be for the family to secure the services of an experienced personal injury attorney to represent their interests and pursue recovery of all applicable monetary damages.
Source: fox8live.com, "Bicyclist killed in Terrebonne Parish crash", Oct. 30, 2017