Center Point, CA — A motorcyclist from Pineville was killed on Thursday morning in Center Point after an accident with an 18-wheeler truck. Police said that an 18-wheeler pulled out in from a driveway and into the path of Kevin Herron’s motorcycle, causing a collision.

The accident happened early Thursday morning at about 4:30 a.m. at Louisiana 107 and Scroggs Road. Herron was driving south along 107 on his Kawasaki motorcycle when 58-year old Elton McNeal began to pull out of a driveway in his 18-wheeler.

Herron collided with the big rig and he was killed at the scene. McNeal faces charges for the accident and police said that they are still investigating the matter. It’s not clear why McNeal pulled out into traffic.

Scene of the Accident

Commentary:

From the news reports, it seems that this truck needs to answer for his actions. Now, one of the details not mentioned by the news articles is the speed of the motorcyclist. Why is this important? Louisiana law operates on a comparative fault regime, meaning that a victim of an accident can sue for their damages and the defendant compensates based on their apportioned negligence. In simple terms, this means that each party in an accident is assigned fault and the guilty party pays their portion to the victim if found negligent. You can bet that the trucking company won’t accept full liability and will instead try to put some fault on the victim. One of the more common arguments is, “The victim was speeding and failed to stop in time, so they’re partially at fault.”  The primary motivation for the trucking company is to reduce their own liability, that way they end up paying out less money. As you can guess, even what seems like a simple case can get very complex very quickly. Having a thorough investigation is often the best step, I’ve found, in making sure the truck driver answers for his actions.

 

— Grossman Law Offices

Recent Comments to the Blog

Jason is back to work and is now playing Sled Hockey and wheelchair rugby!! Jason is the strongest and most amazing man! He may nly have 1/2 a leg, but that is ALL he is lacking!! Thanks to prayer and GOD and awsome first responders and Baylor doctors. Jason's wife, Sheila
— Sheila
I'm a former employee. I had brought up this exact scenario and suggested a maintenance procedure that would eliminate the possibility of this type injury. Obviously my warning went unheeded.
— Tophat
I was actually a couple cars back from this wreck, one of the first on the scene, and helped administer CPR on the victims. The truck driver was going way too fast, but it was actually his trailer that swung around and hit the suv, the semi-truck ended in the median.
— Leif Burton
I am Anthony Siffords daughter. im 13 and i miss my dad i just wanted everyone to know that he is in a better place now and i would to thank everyone for the support. i miss my dad but it was amazing to see how many people had been toughed by my dad god bless thanks for everything...
— Hannah Sifford
I am Rodney Palmer's sister-inlaw. I am amazed and grateful for all the heartfelt wishes and support for our family... It is difficult indeed to put our thoughts into words, but we very much appreciate your kind and helpful words at a time when these things mean so much. Losing someone as special as Rodney has been tough, but knowing the he has touched so many people's lives keeps my sister's strengthens our family.
— Maureen
A lot of people say smack about lawyers, but I want to say that I'm glad there is a way that people who are wronged by corporate neglect can get justice and force change. We are living in a world where corporations and govt care less than ever about common people, and I support your work. I hope I will never need your services.
— Martin Onasis
Tony was the step Grant father and it's been hard for the whole family but we know he is in a better place now. It's nice to know that people are rasing awareness with my grandfathers story. Thanks, family and friends of Tony Wray.
— Mercedes Stanley
Thank you for posting these accident articles on your site. At the company that I work for, e deal with monitoring construction activity and work around trenches and all sorts of construction equipment/vehicles. I sometimes wonder if construction companies have enough safety training to inform employees of how to protect themselves while on the job.
— Erik Hofmann
I'd like to thank you for giving my cousin's death some type of recognition and letting our family know he is not a lost cause. Thank you <3
— Victoria

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>