If our truck hit and killed a man but he was at fault, can his daughter go after our insurance for the bodily injury liabilty coverage?

The man walked through a busy street at night and was struck by our truck; we were not found at fault. Days later the man passed away. f we were not at fault are they due this money?

Asked on February 13, 2013 under Personal Injury, Louisiana


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

I am so sorry for the situation that you have been placed in.  It is my understanding that the state of Louisiana employs a pure at-fault system in their determination of liability, what means that you as the driver could not be at fault if the pedestrian that crossed the street did so illegally or acted negligently.  It may not stop that person from suing in order to try and get money.  But your insurance company will offer a defense under the terms of your insurance policy and your attorney assigned will be able to calm your fears.  Good luck.

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