When a passenger gets into a vehicle, he or she is trusting the driver to pay attention and get him or her safely to the group’s destination. When a driver fails to exercise the due care owed to his or her passengers and other people on the road, people can suffer serious or fatal injuries. A recent fatal auto accident involving a pickup truck and an 18-wheeler here in Louisiana was possibly caused by a driver failing to pay adequate attention to the road.
The driver and a passenger occupied the pickup truck. At the intersection of Louisiana Highway 1057 and Louisiana Highway 1061, the pickup truck initiated a left turn. Unfortunately, the 29-year-old driver of the truck may have failed to yield to a tractor-trailer when he turned. The semi-truck then slammed into the smaller vehicle.
It took several hundred feet for the vehicles to come to a stop. The passenger in the truck suffered fatal injuries in the crash, and the driver’s injuries were said to be moderate. The semi-truck driver was not injured.
It is not yet known whether any charges will be filed in this fatal auto accident. Regardless, the family of the deceased victim already knows they will never again see their loved one alive. As the family deals with its grief, they may also turn their attention to the fact that they retain the right to file a wrongful death claim against both drivers. Liability may be attributed to one or more parties deemed to have either caused or contributed to a person’s death. In this case, that could include the driver of the pickup truck, the driver of the semi-truck and possibly that driver’s employer through the legal theory of respondeat superior.
Wrongful Death
Fatal Accident Under Investigation by Louisiana State Police
Drivers everywhere rely on other drivers to pay attention to the rules of the road. When a driver either fails to notice or ignores something like a stop sign, any vehicle already in the intersection is in jeopardy. For example, the intersection of Louisiana 821 and Louisiana 33 recently became the scene of a fatal accident when a westbound driver failed to obey a stop sign.
When the westbound pickup truck barreled through the intersection, it slammed into a car occupied by two people, which was headed south. The impact thrust the car into a parking lot where it hit another vehicle only occupied by a passenger at the time. The 49-year-old driver of the car hit by the pickup died as a result of the injuries she suffered in the crash.
The deceased driver’s 51-year-old passenger suffered moderate injuries for which he was taken to an area hospital for treatment. His current condition was not reported. The driver of the pickup truck suffered only minor injuries as did the occupant of the third vehicle involved in this tragedy. At last report, Louisiana State Police troopers were still attempting to ascertain why the westbound driver had failed to stop. So far, that driver has only been cited for not yielding at the stop sign and driving without a valid driver’s license.
It is not known at this time whether criminal charges will be filed. The injured parties and the family of the deceased driver may file civil actions against the driver of the pickup trust, requesting that the court award damages normally seen in a serious or fatal accident. If they prevail in their court actions, any financial restitution received could help with the monetary losses of the family and the injured parties.
Woman Charged in Fatal Accident on I-10 Bridge in Louisiana
The faster a vehicle is traveling, the less steering is required to change direction. Many people, however, tend to panic when something goes wrong and overcorrect at high speeds, which could easily lead to a serious or fatal accident. Louisiana State Police say that a woman was driving at an unsafe speed when her vehicle went over the side of the Atchafalaya Basin Bridge on Interstate 10.
The Louisiana State Police reports that the 24-year-old driver and her six passengers were traveling west on the Interstate when something not yet known caused the vehicle to move suddenly to the left. It was then that the vehicle hit the guardrail on the left side of the westbound lanes of the highway. The driver then overcorrected, causing the vehicle to flip onto its side. The vehicle’s momentum carried it across the highway, where the right side guardrail was not enough to keep the vehicle from launching off the bridge.
Of the six passengers in the vehicle, only one of them was an adult. A 25-year-old woman suffered fatal injuries in the crash, to which she succumbed at the scene. The rest were children between the ages of five and nine. It took the efforts of several agencies to retrieve the driver and five children. One child, age 7, suffered serious injuries, and the other four suffered moderate injuries.
The Florida woman driving the vehicle received medical attention for her injuries and was then taken into custody and transported to jail in Iberville Parish. She faces charges of careless operation, negligent homicide and negligent injury. She may also face a wrongful death claim from the family of the deceased woman, and personal injury claims from the families of the five children injured in this fatal accident. Under state law, certain damages may be recoverable if such claims are successful in proving negligence on the part of another.
Fatal Accident Happens Outside Louisiana State Police Office
Louisiana State Police recently responded to a crash that took place just outside the station of Troop L. Troopers with that location made a point to mention that the impact of the fatal accident was loud enough to be heard in their office. Therefore, it may be of no surprise that two people lost their lives.
The accident took place on the northbound side of Highway 190 near Highway 22. Preliminary reports of the Louisiana State Police indicate that a vehicle in the southbound lanes of the highway somehow lost control and slammed into the side of another vehicle. That impact sent the out-of-control vehicle careening into the oncoming lanes on the north side of the highway.
It was then that the vehicle crashed head-on into a northbound car. The northbound car was hit so hard it actually left the ground and hit yet another vehicle. The drivers of both vehicles suffered fatal injuries. It is not known if anyone in the other two vehicles involved in this accident was injured.
Alcohol and drugs are not considered to be factors at this time. However, toxicology samples were taken as part of the investigation, which is ongoing. The Tammany Parish Coroner reported that the driver from the vehicle that crossed into oncoming traffic had a serious case of heart disease, which could have contributed to the crash.
Even if that driver had a cardiac event that led to the fatal accident, that does not preclude the family of the other deceased victim from filing a wrongful death claim against his estate. If the court is satisfied that the family proved that negligence on the part of the driver caused or contributed to the fatal wreck, an award for damages could be ordered. Any financial restitution received as a result could help the family with the inevitable financial expenses that typically accompany such horrific events.
Update: Driver Charged in Fatal Accident Involving Cyclists
We first brought you the story of two bicycle riders struck by a vehicle on April 14, 2014 (“Ironman training cut short by fatal accident for 2 Louisiana men”). The two men were out cycling that morning to train for the Ochsner Ironman triathlon. The driver of the vehicle that hit them has now been charged in connection with the fatal accident that caused the death of one of the bicycle riders and the injury of the other.
The cyclist who died was a firefighter in a neighboring state, and the injured driver was his brother-in-law. The impact caused both men to become airborne when they were struck. The force with which they were struck contradicts the driver’s story that he was only traveling between 40 and 45 mph at the time. He also told police that the two bicycle riders moved into his path.
Based on the results of their investigation, authorities charged the driver with negligent injuring and negligent homicide. The information gathered in the investigation and by the family of the deceased firefighter and his brother-in-law may be of use in any related civil litigation. Further, if prosecutors are able to secure a criminal conviction against the man, proof of that may be presented in civil court as evidence of the driver’s negligence.
If negligence can be proved, a Louisiana civil court may award damages to the parties that are permissible under our state laws. Those damages include items such as medical expenses, burial and funeral costs and pain and suffering — among other specified financial losses. Any monetary relief received could defray the inevitable costs associated with a fatal accident.
Family Loses 6-Year-Old in Fatal Accident Involving School Bus
The sight of children getting off school buses at the end of the day is a familiar one in many neighborhoods across Louisiana and the country during the school year. Many parents do not think twice about the possibility of one of the children being involved in a serious or fatal accident. Sadly, a 6-year-old boy died recently after getting off the bus with a group of children.
According to reports, the boy must have wandered from the group of children, but the driver claims she did not see him. As she attempted to make a turn, she somehow struck the boy. Emergency responders found the boy suffering from critical injuries and rushed him to an area hospital. Regrettably, the boy’s injuries were too severe for him to survive.
In the aftermath of this tragedy, the 59-year-old driver of the bus was taken to have a blood sample drawn to test for impairment. Police in Shreveport, which is where the accident took place, do not believe the driver was impaired. They are conducting the test in accordance with standard procedures regarding fatal accidents. Investigators are working to reconstruct the crash. Video from the school bus is also being reviewed.
Even if the investigation determines that this tragedy was nothing more than a horrific fatal accident, the surviving family of the Louisiana boy retains the right to file a wrongful death claim against the driver and her employer. Any award of damages received after proving negligence before the court will never fill the now vacant spot in this family. However, it may help with the monetary losses the family sustained because of the family’s loss of this little boy.