Almost five years ago, a Lake Charles homeowner discovered a local man on his property. He chased him away and pursued him to the Nelson Pointe apartments. Lake Charles Police and Calcasieu Sheriff’s officers responded to the scene. A scuffle was said to have occurred, and a Lake Charles police officer shot him with a Taser as other law enforcement personnel worked to place handcuffs on the man.
The man collapsed and sadly died on the way to the hospital. In response, his widow and three children filed a wrongful death claim against the city, the sheriff’s office and the homeowner who chased after him in the fatal accident.
The Calcasieu sheriff defended the use of Tasers, arguing that they are necessary to ensure the safety of his officers. However, there was no indication that the victim was armed, nor was there any explanation offered in a news story as to why a Taser was necessary to subdue a man who was already surrounded by law enforcement officers. As the trial date approached, both the city and sheriff’s office elected to settle the wrongful death claim by each paying $125,000. The claim against the homeowner is still set to proceed to trial.
In settling the wrongful death action arising from the fatal accident, at least one Lake Charles city councilman objected, saying he did not believe that bad behavior ought to be rewarded. Nevertheless, the settlement was approved, though with no admission of wrongdoing. Clearly, law enforcement personnel have a difficult job to do, and yet they also must act with a reasonable duty of care. Whether that duty was breached would arguably have been the focal point of any trial, though the settlement avoids that legal determination. For their part, the widow and children may feel they have accomplished their mission to hold negligent parties accountable for wrongful conduct. It will be interesting to see how the trial against the homeowner turns out.
Wrongful Death
Tire Change Death of Lake Charles Man, Wrongful Death?
A 44-year-old Louisiana man from Lake Charles lost his life in a fatal accident as he was trying to change a flat tire on April 22. State police say the man, a passenger in a vehicle that became disabled by a flat tire, was attempting to retrieve a spare from the car trunk when the collision occurred about 7 p.m. The driver of the car that caused the fatal accident was a 25-year-old female, also of Lake Charles, Louisiana.
Both drivers and another person in the vehicle with the flat tire were also injured. Authorities say a 13-year-old passenger in that car suffered more serious injuries than the driver, though both were said to be wearing their seat belts. All three individuals in the fatal accident were taken to nearby hospitals for treatment.
Louisiana law enforcement confirmed that toxicology tests will be a part of the investigation. Many other circumstances of the crash are likely to be discovered in the still-open accident investigation. If it is determined that negligence on the part of any individual caused or contributed to the collision, a legal basis to pursue civil claims for personal injury and wrongful death may exist.
Whether or not criminal charges are filed against anyone in this fatal accident, the deceased man’s family may consider filing a wrongful death claim against any party or parties whose negligence caused the death. Similarly, those seriously injured through no fault of their own may decide to file personal injury claims against any at-fault party. A successful claim may include reimbursement for medical bills and other damages, including pain and suffering related to the accident.
Pedestrian Killed in Fatal Accident Near Lake Charles
Under normal circumstances, walking is considered a safe and relatively fear-free means of transportation. Unfortunately though, what should be a common, simple or everyday occurrence can result in unforeseen tragedy. Case in point, a 23-year-old Louisiana man was killed in a fatal accident last week after being hit by a vehicle near Lake Charles.
The young man was struck at approximately 4 a.m. while strolling northbound on Elliot Road. Investigators have identified the man, and did confirm that he was struck by a vehicle headed southbound. He was pronounced dead at the scene.
The fatal accident remains under investigation by authorities. However, a spokesperson for the Calcasieu Parish Sheriff’s Office told reporters that impairment resulting from the use of drugs or alcohol did not appear to be a factor in the man’s death. Nonetheless, as a part of the accident investigation, toxicology tests will be performed on both the crash victim and the driver of the vehicle that struck him.
There is currently no information available on the legal ramifications, if any, the driver of the passing vehicle may face. If the driver is found to be at fault in the collision, he or she could face serious charges. However, regardless of the investigative outcome, the victim’s loved ones will likely be left with more questions than answers. Family members may choose to seek their own answers — and possibly reparation for their loss — through avenues available to them under the umbrella of the law. In cases like this, monetary damages are sometimes sought despite no criminal conviction.
Fatal Accident on I-10 Kills 5 Near New Orleans
A tragic accident on Interstate 10 left five people dead early this morning. The fatal accident happened after a driver was reportedly traveling the wrong way on the interstate near LaPlace, Louisiana. The wrong-way driver collided with another vehicle that was carrying four occupants, killing everyone inside. The wrong-way driver also died in the collision.
Many details regarding the circumstances of the tragedy were unavailable in a news report, including the identity of the wrong-way driver. However, police are presumably investigating the accident and will hopefully release an accident report soon so as to allow the families of the victims some understanding of what occurred. Based on early reports, troopers became aware of the wrong-way driver only moments before the accident happened.
Additionally, at least two others received minor injuries as a result of the accident. An 18-wheeler sideswiped the wreck, causing another vehicle to crash into it. Fortunately, they are expected to recover from their injuries.
In cases such as these, little can be done to replace the life of a loved one. However, through a wrongful death lawsuit, the families may be able to collect monetary compensation to cover funeral expenses along with any medical expenses and other damages. A wrongful death refers to a fatality caused by the negligent or willful conduct of another, and may apply to the heartrending nature of this fatal accident. One can only hope that the families of these five car accident victims find peace eventually as they struggle with their sudden loss.