Both sides may end up pointing fingers in court after a deadly rear-end car crash on U.S. Highway 425.
According to Louisiana State Police, a 16-year-old unlicensed driver, whose name was not released, inexplicably slowed near the intersection of Highway 425 and Campbell Road. A trailing 2008 Chevrolet Avalanche, driven by 22-year-old Jeremy Austin, of Gilbert, rear-ended the near stationary Ford F-150. The force of the collision pushed the F-150 across the median and onto its roof. A passenger in that vehicle, 74-year-old Robert Miller, of Winnsboro, was seriously injured in the crash and rushed to a nearby hospital, where he was subsequently declared dead.
Thus far in 2016, this section of the LSP has investigated fifteen fatal crashes that caused sixteen deaths. [Read more…] about Fault Uncertain In Fatal Vehicle Collision
Personal Injury
Animal Attack Raises Landowner Liability Questions
A disturbing incident at a Walt Disney World beach highlights the danger that victims may experience this summer.
Orange County Sheriff Jerry Demings says his office will not press charges against Melissa and Will Graves, of Omaha, Neb., after a giant alligator snatched their 2-year-old son off a beach that was marked “No Swimming.” However, the park owners did not post any warning signs about alligators, and a Walt Disney World representative said that the park would “thoroughly review” the situation. Sheriff Demings said that both his agency and the state wildlife department would look into the matter as well.
Divers found Lane Graves’ lifeless body about 16 hours after his parents reported the initial incident. [Read more…] about Animal Attack Raises Landowner Liability Questions
Fireball Crash In Vernon Parish
Police have few clues after a quadruple-fatal car crash in Vernon Parish on Highway 10. After a driver apparently lost control of his vehicle, his pickup left the roadway, careened through several trees, and burst into flame. All four vehicle occupants, who were trapped inside the burning pickup, died at the crash scene between Pitkin and Oakdale. Although police believe that excessive speed was the primary cause, they have not ruled out impairment. None of the names were released.
Evidence Collection in Car Crash Cases
The plaintiff has the burden of proof in a negligence case, which means that there must be compelling evidence of all five elements: if the defendant breached a legal duty, and that breach legally and factually caused injury, the defendant is liable for damages. [Read more…] about Fireball Crash In Vernon Parish
Legal Issues In Drunk Driving Matters
Two recent incidents in Lake Charles highlight some common issues in many drunk driving negligence cases.
One case involved a car crash at the intersection of Elliott and Lafanette. According to Sheriff’s deputies, 32-year-old Jorge Castillo crossed the center line and collided with a female motorist. When they questioned Mr. Castillo, deputies claimed that he was intoxicated, based on an odor of alcohol, unsteady balance, and slurred speech. Mr. Castillo refused to answer questions, perform field sobriety tests, or submit to a chemical test. Nevertheless, he was arrested and charged with DUI.
On the same day, and in an unrelated incident, Sheriff’s deputies pulled over 35-year-old Tate Vander on Hollis Road in Westlake, after a tipster’s report about erratic driving. When questioned, Mr. Vander said he was “buzzed” after consuming prescription medications and alcohol; deputies did see an open container of alcohol in his vehicle, along with four Soma pills. He was transported to a local hospital where he submitted to a blood test; the test results were not made available. He was also booked into jail on several charges, including DUI. [Read more…] about Legal Issues In Drunk Driving Matters
Direct And Circumstantial Evidence In Landowner Liability Cases
Slip-and-falls, dog bites, and swimming pool drownings are among the most common types of landowner liability negligence cases. In each instance, the landowner has a duty of care to protect visitors from injury; because invited guests have more legal rights than uninvited ones, the precise nature of the duty largely depends on the visitor’s legal status of invitee, licensee, or trespasser.
In all these instances, the plaintiff must prove liability by a preponderance of the evidence, which means more likely than not. Picture two equally-sized stacks of paper side by side. If one sheet is moved from the left to the right, the stack on the right is higher than the one on the left. That is the picture of preponderance of the evidence. [Read more…] about Direct And Circumstantial Evidence In Landowner Liability Cases
Moving Truck Liability In Louisiana
Summer is moving season for both military and civilian families, because new orders come in during these months and school is out of session, for most kids. Nationwide, about 65 percent of relocations occur between May and August.
The uptick in activity means that more rented vehicles, especially larger moving trucks from Ryder, U-Haul, and other companies, will be on the roads. These large vehicles are quite unwieldy, particularly when they are fully loaded, and inexperienced drivers often find it difficult to control them. Add the fact that many drivers are operating in unfamiliar new territory, and there are all the ingredients for a serious truck wreck. Is the rental company or other vehicle owner responsible for damages in these negligence cases?
The Graves Amendment
In the early 2000s, a number of states started passing very strict vicarious liability laws that made vehicle owners responsible for damages if their lessees caused car crashes. To protect this industry, Congress added 49 U.S.C. 30106 to the 2005 omnibus spending bill. Like many such add-ons, there is almost no legislative history in support of the so-called Graves Amendment, which bears the name of its sponsor.
Instead, there is only a blanket grant of immunity, which says that “An owner of a motor vehicle that rents or leases the vehicle to a person (or an affiliate of the owner) shall not be liable. . .for harm to persons or property that results or arises out of the use, operation, or possession of the vehicle during the period of the rental or lease.” A subsequent provision leaves open the possibility that some conflicting state laws may still be valid.
Bypassing the Graves Amendment
Under traditional negligent entrustment tort theory, vehicle owners are responsible if they allow unqualified drivers to operate their vehicles, and these operators subsequently cause car crashes. This analysis still applies to rented vehicles if:
- Trade or Business: Under Section (a)(1), the Graves Amendment only applies to firms that are in the “trade or business of renting or leasing motor vehicles.” This label arguably does not apply to U-Haul and other firms, because they are moving companies that happen to rent trucks on the side.
- Not Otherwise Negligent: According to Section (a)(2), the owner or affiliate must be free from “negligence or criminal wrongdoing.” Some courts have held that owners and affiliates have a duty to verify the drivers’ licenses of potential renters, and a poor driving record or an invalid license is evidence of negligence.
- State Financial Responsibility Law: Under relevant portions of Louisiana law, an owner or affiliate is liable for damages if the operator was uninsured. The same result arguably applies to underinsured motorists, although this theory has not been tested in court.
Damages in a car crash case typically include compensation for both economic damages, like lost wages, and noneconomic damages, including loss of consortium (companionship). Punitive damages are also available, in some cases.
Rental vehicle owners are liable for damages that lessees cause, in some cases. For a free consultation with an experienced Lake Charles personal injury attorney, contact Hoffhoss Devall. We do not charge upfront legal fees in these cases.