Three Louisiana teenagers were on their way to school recently when a pickup truck ran them down. Two of them died and one suffered serious injuries. Reports indicate that video footage shot right after the fatal accident may confirm the identity of the driver believed to have been responsible.
The footage shows a man on the ground in the ditch where the pickup truck struck the three teenage girls came to rest. The man in the video repeatedly denies being the driver, but witnesses at the scene say they did not see anyone else in or around the truck at the time of the accident. He also appears to be confused and disoriented.
Apparently, he attempted to walk away from the scene despite the fact that police ordered him to come back. According to witnesses, people in the neighborhood grabbed the man and forcibly restrained him until police arrived. Authorities have released no further details regarding the investigation.
The two girls that died were 14 and 15 years of age. The other girl — who was still hospitalized at last report — is only 13. Investigators are still trying to determine what caused the crash and believe the driver may have been impaired. Toxicology samples were taken to determine whether the man had any alcohol or drugs in his system.
While the investigation into the fatal accident continues, the families of the two deceased girls and the family of the injured victim may file civil claims against the driver. If their claims are successful, a Louisiana court may award damages commonly seen in these types of tragedies. Of course, no amount of financial restitution could bring these girls back to their families or heal the injuries suffered by the third.
Wrongful Death
Jury Reaches Verdict in Fatal Accident That Killed 1, Injured 1
In Jan. 2012, two bicyclists went out for a ride. At the same time, a man who had been drinking was driving in the same direction. He slammed into them, which killed on of them and seriously injured the other. The fatal accident led to criminal charges being filed against that driver, and he was recently convicted in a Louisiana court.
The crash shattered the pelvis of, and caused other injuries to, the surviving bicyclist. He still has physical struggles and experiences memory and recall issues. Moreover, he can no longer enjoy long rides and has lost a friend.
Prosecutors presented evidence indicating that the driver of the vehicle had a blood alcohol content of .307 on the night of the crash. The legal limit in the state of Louisiana is .08, which means that the driver’s BAC was almost four times that limit. Additional evidence was presented that the responding officers attempted to conduct field sobriety tests, and the man was videotaped admitting that he was unable to perform at least one test.
A jury took less than an hour to find the man guilty. He faces prison time of between five and 30 years. This conviction could be offered as evidence in a wrongful death claim or personal injury claim filed in connection with this fatal accident.
The burden of proof in a civil court, defined as a preponderance of the evidence, is not as stringent as in a criminal proceeding. A criminal conviction can often provide reliable evidence of negligence, which is required to be proved in a civil action. If a party successfully documents negligence, the court may award financial damages recognized by our laws.
Did Speed and Bad Weather Cause Fatal Car Accident?
Most Louisiana drivers know that inclement weather can change the way a car reacts while driving. For this reason, most people obey the speed limit or even slow down in order to avoid losing control of their vehicle. Otherwise, a driver could inadvertently cause a serious or fatal car accident.
Troopers with the Louisiana State Police believe that a driver failed to take the weather and the condition of the road into consideration as he traveled west on Interstate 10 around 8:30 a.m. on a recent Friday. At some point, he lost control of the vehicle, which careened off the roadway and slammed into a tree. Neither the driver nor the passenger was wearing a seat belt.
Both the 21-year-old driver and his 20-year-old passenger suffered fatal injuries in the crash. By the time emergency personnel arrived at the scene, they were both deceased. The Louisiana State Police do not believe that the driver was impaired, but that has not yet been confirmed. Other than the fact that they believe the driver was speeding, troopers were not able to provide any further details regarding the cause of the crash at this time.
If the investigation proves that the driver was going too fast for the road conditions at the time of this fatal car accident, that information may help the passenger’s family prove negligence on the part of the driver. When an individual is killed due to the negligence of another, his or her family may file a wrongful death claim seeking damages from the party or parties deemed responsible for his or her death. If they are successful in doing so, the court may consider an award of damages allowable under state laws.
A Left Turn From the Right Lane Blamed for Fatal Accident
Many Louisiana drivers suddenly realize at the last second that they are about to miss their turn. Most of the time, a driver is able to make a quick maneuver to make the turn without incident. However, there are times when this could lead to a serious or fatal accident when the driver fails to ensure that the path is clear.
The driver of a pickup truck sought to make a left turn, but did so from the right lane. This might have only been considered a minor traffic infraction had it not been for the fact that the pickup driver failed to see that a motorcycle was coming up in the left lane. The motorcycle rider was not able to avoid colliding with the truck.
When the motorcycle hit the truck, its rider was thrown off it. He suffered fatal injuries to which he succumbed before emergency medical personnel could try to save him. No report was given as to whether the driver of the pickup suffered any injuries.
However, he did submit to a breath test. It was determined that he was not intoxicated at the time of the crash, but blood samples were sent for analysis as part of the ongoing investigation. No indication was given as to why the driver made the turn from the right lane.
As the family of the victim struggles to cope with his premature death, the are most likely incurring significant expenses related to his loss. His family has the right to file a wrongful death claim in connection with the fatal accident that took his life. If negligence on the part of the pickup truck driver is established to the satisfaction of the court, damages allowed under Louisiana law may be awarded.
Witness Called Police Before Fatal Accident Occurred
Troopers with the Louisiana State Police thought they were responding to calls regarding a pickup truck being driven recklessly in the eastbound lanes of Interstate 10. However, by the time troopers reached the area, they came upon a fatal accident. Amazingly, only one person suffered any significant injuries in the crash, though he lost his life.
Callers reported a speeding pickup truck that ran off the road at least twice before it finally careened into the median. As it hit the median, the bed cover on the back of the pickup flew off. This caused one vehicle to hit another as the driver attempted to avoid being hit by the flying debris. Luckily, no one suffered any injuries in that crash.
Meanwhile, the pickup truck continued to rocket toward the westbound lanes of the highway, directly into the path of an oncoming vehicle. The two pickup trucks collided head-on. The driver of the westbound pickup — who was from South Carolina — did not survive the crash. Louisiana State Police troopers took the driver of the out-of-control vehicle into custody at the scene. He faces charges of negligent homicide in connection with the other driver’s death, along with charges for driving recklessly without a valid license and not securing the bed cover.
Any evidence gathered by officials to be used in the criminal proceedings may come in handy in a wrongful death claim filed by the victim’s family as a result of the fatal accident that took the life of their loved one. If they successfully prove that the driver was negligent, the court may award the family damages. Any monetary restitution may help alleviate the financial burdens placed upon them by his premature death.
Fatal Accident Involving ATV in Louisiana's Big Easy
A Louisiana woman who was run down by an ATV on July 27 has died. Her friends and family rallied around her, and she was never alone at the hospital. Despite all of the medical intervention, prayers and support, the woman succumbed on Aug. 5 to the injuries she suffered as a result of this now-fatal accident.
Even though the crash that put her in the hospital was caught on tape, police do not seem any closer to locating the driver of that ATV and its passenger. The man driving the ATV lost control and slammed into the woman and a car parked nearby. In spite of the fact that the ATV flipped numerous times, the driver and passenger walked away from the crash.
After the impact, the Louisiana woman’s sister ran to her side, but the sight of her was too much to bear. All she could do was sit with her sister and hold her hand. The now deceased victim left behind a family that includes two sons, ages 12 and 5. What is worse is that the woman had no insurance, and after nine days in the hospital, the medical bills are surely extensive. A fund was set up at a bank in New Orleans for donations.
When police locate the driver of the ATV responsible for this fatal accident, the family may exercise its right to file a wrongful death claim against him. A successfully litigated claim could result in damages for medical costs, funeral and burial expenses and pain and suffering. The victim’s two children must now be raised by others, and a successfully presented claim for financial damages would typically include demands for their future care.