My dad lives in Louisiana and we do have the pure comparative negligence faults. He was pulling out of our private drive and he looked both ways at the time he deemed to cross the highway it was clear however there is a hill in which traffic comes from about 100 yards away he accecelerated out of our driveway and then was hit in the right rear and spun his car a circle and a half into the ditch while the other car was sent spinning into a field there was 21 feet of skid marks in which she apparently braked however the damage was done and both the cars are totaled. Would this fall under the pure comparative damage? In particular doesn't this fall under CVC 21804 part B???