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
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