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Head-on collision leads to death of 2 men

Two men were killed in a wreck on the roads of Louisiana before 5:30 p.m. on Dec. 4. The crash in Livingston Parish took the lives of a 50-year-old man from Jackson and a 76-year-old man from Denham Springs. No other individuals or vehicles were reported to have been involved in the collision.

The car accident took place on LA Highway 447 just south of Interstate 12. The Louisiana State Police began the initial investigation. They announced their belief that the Jackson man was driving a 1994 GMC truck northbound around a curve when he went into the southbound lanes and encountered a 2006 Lincoln Town Car that was being driven by the Denham Springs man. The resulting head-on collision proved fatal to both men.

The police believe that neither men were wearing seat belts at the time of the wreck. The Denham Springs man is not suspected of intoxication, but the Jackson man may have been under the influence of alcohol as he was driving. Toxicology reports were ordered for both men, and the results were pending.

When assessing responsibility and assigning the economic liability in an accident, Louisiana follows the rule of pure comparative negligence. Even if an individual who has died a wrongful death in an accident did something that contributed to their own demise, their family or their estate may still be able to collect financial compensation for the loss they suffered from the untimely death of their loved one. The award will be reduced by the percentage amount that the court finds to accurately reflect the percentage of responsibility that the deceased individual had in the accident. However, if the accident is found to have been 100 percent their fault, then their family and estate may not collect.

Source: WGMB, "2 die in Walker South Road crash", December 05, 2014

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The Law Offices of W.A. “Chip” Forstall, Jr.

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