Drivers are responsible for everything that happens while they are behind the wheel of a car. When a driver fails to maintain control of his or her vehicle, the potential exists for a serious or fatal auto accident. Anyone in or around the vehicle is at risk when that happens.
A Lake Charles woman placed her passenger at risk when as they traveled west on Louisiana Highway 370. For a yet unknown reason, the woman lost control of her vehicle and careened off the road. The vehicle ended up flipping over in a ditch. The driver was fortunate to avoid any injuries in the crash.
The passenger, however, was not as lucky. Emergency personnel managed to stabilize the 22-year-old man long enough to get him to an area hospital. Unfortunately, hospital personnel were not able to save the man’s life. He passed away because of the injuries he suffered in the crash.
Authorities are still investigating the circumstances surrounding the incident. So far, the woman driving the vehicle, who is also 22 years old, faces charges that include reckless driving and vehicular homicide. She was also cited for not wearing a seat belt.
While the investigation continues, the deceased man’s family is forced to deal with his sudden loss. The family retains the right to file a wrongful death claim against the Lake Charles woman. If prosecutors secure a conviction against the woman for a crime connected to this fatal auto accident, the family may offer proof of that conviction as evidence of negligence in a related civil lawsuit. If a civil court rules that the family has proved negligence, an award of damages may be considered, which could help alleviate any financial burden facing the family due to their loss.
Wrongful Death
Fatal Accident Deaths Lead to Charges for 3 Drivers
Any time an individual gets into a vehicle driven by someone else, he or she puts his or her life in that driver’s hands. The obvious expectation is that the driver takes that responsibility seriously and exercises the appropriate amounts of caution and attention while on the road. Unfortunately, that is not always the case, and a fatal accident could be the result. A Calcasieu Parish Grand Jury agreed that three drivers in three separate accidents breached their duty as drivers, resulting in several deaths.
In the first crash, a driver lost control of her vehicle back in Oct. 2012. The vehicle ended up slamming into a tree. Her passenger was killed.
The second accident occurred in Feb. 2013 on La. 14, not far from the exit leading to Interstate 210. A then 20-year-old passenger and 24-year-old passenger both suffered fatal injuries in the crash. The 19-year-old driver suffered serious injuries but survived.
The final crash happened in March 2013. The man behind the wheel of the car sideswiped another vehicle. That contact caused the driver to lose control and slam into a guardrail. The man’s passenger was thrown out of the vehicle during the crash. She did not survive long enough to receive medical attention.
In all three cases, family members of the deceased victims retain the right to file wrongful death claims in a Calcasieu Parish civil court against the respective drivers believed to have caused these fatal accident deaths. Doing so could never give back a victim to his or her family. However, it could help that family obtain some financial restitution for the damages typically associated with sudden deaths for which no family can adequately prepare.
Formal Charges Filed in Louisiana Car Accident
A Louisiana grand jury recently handed down an indictment against a man for the injury of his passenger and the death of another driver. The man was charged with negligent vehicular injury in the first degree and vehicular homicide. The fatal car accident took place on June 22, 2013.
When Louisiana State Police arrived at the scene on that evening, the initial impression of troopers was that the accident was a head-on collision. The investigation confirmed their suspicions. According to the official report, the accused driver was heading east on Louisiana 2 when he veered into oncoming traffic. The truck then collided with the other vehicle.
The driver of the vehicle in the westbound lane suffered fatal injuries. The deputy coroner called to the scene pronounced the victim dead. The passenger in the eastbound truck suffered serious injuries. The extent of the damage to the truck required emergency personnel to free the passenger from the vehicle before he could be transported to a hospital.
According to Louisiana State Police, the accused driver admitted at the time to consuming alcohol after picking up his paycheck in Oak Grove. He was on his way home at the time of the crash. When he was arrested, he was charged with numerous crimes that have now been dismissed in lieu of the charges in the indictment.
Outside of the criminal proceedings, the driver could also face civil actions in connection with the fatal car accident. The family of the deceased driver may file a wrongful death claim against the driver. Further, the man’s passenger may also file a personal injury claim against him. Successfully litigated claims could result in the court awarding damages to the parties.
Trial of Louisiana Man Involved in Fatal Accident Postponed
Recently, a Louisiana courtroom was full of people from both the family of the 6-year-old boy killed in 2012 and the family of the man accused of negligent homicide in connection with the boy’s death. The deceased boy’s family was hoping for a verdict regarding the fatal accident, but the trial was postponed due to the unavailability of an unknown witness. The driver on trial maintains he did not see the boy prior to the accident.
The boy was riding his scooter along his neighborhood sidewalk with a friend and his brother. As he crossed the man’s driveway, he fell off his scooter. At the same time, the driver was pulling into his driveway. According to authorities, the man was distracted by his cell phone.
Further investigation revealed that the man had a blood alcohol content of .06 the day of the accident, which is lower than the Louisiana minimum of .08. A grand jury originally refused to indict the driver, but the prosecution filed charges anyway, based on the claim that he was distracted and should have seen the boy. The driver maintains that, even if he had not been on his cell phone, there was no way he could have seen the victim.
At this point, the outcome of the criminal case is uncertain. Nevertheless, the surviving family members have legal options regardless of the outcome in criminal court. Even if no conviction is secured, they have the right to proceed with a wrongful death claim in a Louisiana civil court. If they establish that the driver was negligent in a manner that caused or contributed to the fatal accident, the family may be awarded monetary damages to be applied to the financial losses that inevitably accompany these tragedies.
Louisiana State Police Investigate Auto Accident
Many factors contribute to a driver losing control of his or her vehicle when other conditions, such as weather, are not a factor. Distracted driving, impairment and excessive speed seem to be three of the most often cited reasons. One of these factors may have caused a recent fatal auto accident on Louisiana 75.
Two men occupied the vehicle when the driver lost control for a yet unknown reason. The car ended up slamming into a utility pole. The passenger’s injuries were so severe that he died in the crash. The driver’s injuries were considered minor.
The investigation into this accident is still ongoing. The Louisiana State Patrol has not revealed what contributing factors may be at play in this crash. Ordinarily, an accident involving a fatality necessitates a toxicology test for the driver or drivers involved, and it may well be that such a sample was obtained in this crash. Once the investigation is complete and the results of any such toxicology test are received, a determination may be forthcoming regarding whether any criminal charges will be filed against the surviving driver.
The results of this investigation may also determine what evidence will be available to the family of the deceased passenger in a wrongful death claim filed in connection to this fatal auto accident. Sometimes, it is necessary to have an independent accident reconstruction done, but using the results of the official investigation may provide enough information to prove negligence on the part of the driver deemed responsible for an accident. If negligence is proved to the satisfaction of a Louisiana civil court, an award for damages may be considered.
Driver in Fatal Accident in Louisiana Charged
Despite the amount of evidence and public service announcements regarding the dangers of drinking and driving, people continue to get behind the wheel of their car after consuming too much alcohol. When doing so, drunk drivers put their lives at risk as well as the lives of everyone around them. There is no guarantee that a fatal accident will not result when an individual chooses to drive after consuming alcohol.
Louisiana State Police now believe that an impaired driver caused a recent accident. Authorities charged that driver with vehicular homicide, DUI and other crimes after the death of the driver of another vehicle that was in the wrong place at the wrong time. The accused driver slammed head-on into the victim’s vehicle, killing the other driver and injuring himself and his passenger.
The two vehicles were traveling in opposite directions on Louisiana 25 when the accused man suddenly swerved into the path of the oncoming vehicle. The unsuspecting driver was unable to avoid the collision and did not survive the crash. The current conditions of the man police say was impaired and his passenger are currently unknown.
Depending on the outcome of the criminal proceedings, the family of the deceased — as well as the injured passenger — may be able to use any conviction that is obtained in criminal court as evidence in a civil action filed in connection with this fatal accident. In order to prevail in a wrongful death or personal injury claim, the plaintiffs must prove negligence of the part of another party that is found to have caused or contributed to the car accident. If the party or parties deemed responsible are found negligent, the court will proceed to consider claims for specific items of financial losses such as medical costs, funeral and burial expenses and other damages recognized by our laws.