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Will tow truck driver's family file a wrongful death claim?

No one wants to hear that a loved one died in a traffic accident. When that call comes, most people are shocked, need answers and might not know where to turn due to the financial impact of a family member's unexpected death. If that death was caused by the negligence of another, surviving family members might be able to receive restitution through the successful navigation of a wrongful death claim.

It remains to be seen whether the family of a tow truck driver will file such a claim against the driver believed to have caused his death. According to preliminary reports from the Louisiana State Police, the tow truck driver was assisting a motorist on Interstate 55 north. Another vehicle driven by a 48-year-old woman sideswiped the disabled vehicle and the tow truck. Unfortunately, the 53-year-old tow truck driver was on the road side of the vehicles at the time, and the car struck and killed him.

The woman's vehicle then slammed into the guardrail, flipped and came to rest in the lanes of travel. Another vehicle driven by a 59-year-old woman hit the wreckage. That woman suffered critical injuries. The driver of the car that hit the tow truck driver is suspected of being impaired at the time of the crash and faces criminal charges.

Regardless of how the criminal proceedings progress, the tow truck driver's family retains the right to file a wrongful death claim, as well as a claim for workers' compensation death benefits, and the critically injured woman could file a personal injury claim. Evidence from the criminal investigation and any conviction secured could help establish negligence in any civil actions filed. Successful claims could result in a Louisiana court awarding damages to help with the financial impact of this tragedy.

Source: fox8live.com, "State Police: Impaired driver causes fatal four-vehicle accident", March 2, 2017

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