Every driver on the roads in Louisiana owes a duty of reasonable care to others. When a person decides to drink and then get behind the wheel of their car, they are likely breaching that duty. Should an auto accident result from a person drinking and driving, that individual may not only criminal charges, but could also be required to answer civil claims pursued by the people and families they have impacted.
There is a family in Louisiana that is now without their two-year-old toddler due to a suspected drunk driver. A man driving an SUV slammed into a pickup truck in which the toddler was riding. That toddler was taken to a hospital in Baton Rouge where medical personnel attempted to save his life. Unfortunately, their efforts failed, and the toddler died as a result of the injuries he sustained in the accident.
Authorities suspect that the driver of the SUV was impaired at the time of the accident. As a result, he has been charged with vehicular homicide, OWI, and other charges. The driver turned himself in to police and was booked into an area jail.
In addition to the criminal charges he is already facing, the family of the toddler retains the right to file a wrongful death claim against him. Should they be able to demonstrate that the driver was negligent and that his actions caused the death of the two-year-old boy, the victim’s family may be awarded the costs and damages they have sustained as a result of this tragic auto accident. No amount of monetary compensation will ever be able to right the fact that this young boy will never have a chance to grow up. That is something his family will never get to see. However, successfully litigating a civil action may help the family achieve some sense of justice on behalf of the life that ended far too soon.
Car Accidents
3 Killed and 1 Charged in Separate Louisiana Car Accidents
Two separate accidents on Louisiana roadways have led to the death of three men and criminal allegations against another man. It is speculated that careless driving for prevailing weather conditions may have been a significant factor in both car accidents. One accident occurred in Slidell, and the other occurred near Ponchatoula.
The accident in Slidell occurred when the driver somehow lost control of his vehicle, sending it spinning into a tree. The driver and front seat passenger were taken to Ochsner Northshore Medical Center to be treated for minor injuries. The backseat passenger was apparently not properly restrained during the accident and was fatally injured. After being treated for his injuries, the driver was taken to St. Tammany Parish Jail on charges of negligent homicide, careless operation and other charges.
The accident near Ponchatoula on Interstate 55 occurred when a driver lost control of his vehicle, causing it to scrape the right side of an 18-wheeler. The driver then over corrected and landed on its roof in a canal containing at least a few feet of water. Both the driver and front seat passenger were unable to free themselves from the vehicle and died.
The driver of the 18-wheeler in the second accident was not hurt, and a breath test did not indicate he had been drinking alcohol. The Louisiana State Police are not sure whether any drivers were impaired at the time of the accidents. Toxicology samples have been taken and will be analyzed.
There are several thousands of car accidents each year involving drivers that do not take reasonable care during inclement weather, and some of those accidents result in death. It is then that the family of the victim may file a wrongful death claim against the party or parties deemed responsible. This appears to be the case in connection with the Slidell accident, though in the Ponchatoula accident, the driver apparently responsible was also killed. It may still be possible for the family of the passenger to file a wrongful death claim against the estate of the deceased driver, based upon proof of negligence. No matter what the families in these cases decide to do, nothing can change the tragic consequences of the fatal collisions.
Louisiana Auto Accident: New Year's Partying Leads to Tragedy
New Orleans’ French Quarter has long been a popular spot to ring in the New Year. Unfortunately, the most well known spot in Louisiana became the scene of a horrific pedestrian vs. auto accident. The victim had to be placed in a medically-induced coma due to her injuries.
The victim and a group of friends were looking for a taxi around Decatur Street when the accident happened. A friend of the victim said he found the victim lying on the ground. He further stated that he did not see the accident happen.
Through other witnesses, it was determined that two people from the same group of friends had been struck by one car. The impact flung the victim into oncoming traffic, where she was struck by another car. The driver of the second car that hit the victim remained at the scene, but the original vehicle that struck her and another person fled the scene.
The young woman was transported to University Hospital where she remains in a coma. She will have to have surgery to repair a shattered pelvis. Her recovery could take weeks or even months. Authorities are trying to locate the vehicle that caused the original impact.
The young woman’s parents are eager to find out who injured their daughter as well. Even though it may not be at the forefront of their minds, the victim retains the right to file a personal injury lawsuit against the party or parties responsible for her injuries. Filing a civil action won’t heal her injuries any more quickly, but a successful result may help the victim and her family defray the financial impact of this tragic auto accident. Medical expenses and lost wages are just a couple of the costs allowed under Louisiana law that the victim and her family may recover if a lawsuit is successful.
Car Wreck on Louisiana Highway 17 Injures 1, Kills 1
The Louisiana State Police are continuing to investigate a crash that took the life of a Richland Parish woman. It is unknown whether alcohol played a part in the tragedy. The car wreck happened just days before Christmas, and has left her family to get through the holidays without her.
The accident occurred on Highway 17 in Franklin Parish on the south side of Interstate 20. The victim was traveling north on the highway when a southbound vehicle crossed the center line colliding with her car. The victim was injured during the accident and was taken to an area hospital. Despite the efforts of medical personnel at the hospital, the victim died as a result of the injuries she sustained in the accident.
The driver that crossed the center line suffered what are described as moderate injuries and was still in the hospital at last report. The Louisiana State Police have charged the woman with driving left of center. It is unknown whether their investigation will yield more charges against the driver.
Regardless of whether the driver is further charged by authorities, the family of the Richland Parish woman retains the right to file a wrongful death claim against her in an attempt to recover monetary damages incurred as a result of her death. If the family prevails in proving negligence, the court may award costs and any additional damages allowable under our state laws that the court believes are appropriate after considering all of the circumstances. This tragic car wreck has forever changed the face of one family, and nothing will undo that; however, a successful civil action could restore the financial losses suffered.
Louisiana Man Pleads Guilty in Car Wreck that Killed 7 People
A Louisiana man has decided to plead guilty in connection with the deaths of 7 people back on May 30. The man was driving drunk when he collided with another vehicle. Five people died instantly in the car wreck. Two other passengers survived the crash but succumbed to their injuries several days later.
The driver had been drinking at a restaurant in celebration of his 30th birthday on the night of the accident. The crash occurred when the then intoxicated driver of a pickup truck traveling on La. 67 in East Feliciana Parish slammed head on into a 1996 Mercury Grand Marquis containing the seven people that were killed. The driver of the pickup truck was charged with their deaths.
Authorities determined that the driver’s blood alcohol level was 0.15 which is almost twice the legal limit in Louisiana of 0.08. The driver decided to spare his family and the families of his victims and pleaded guilty to seven counts of vehicular homicide. For each count of vehicular homicide, he faces five to 30 years in prison and the possibility of fines between $2,000 and $15,000.
In addition to the prison term and possible fines, the driver may also face the wrongful death actions from the families of the victims. All but one of the victims was from the same family. They have the right to file a wrongful death claim to recover monetary damages such as medical bills and funeral expenses, but the decision of whether to file is up to them. Any family that finds themselves faced with the decision to of whether to file a wrongful death claim in connection with a car wreck may benefit from gaining an understanding of their rights under our laws. It is important to learn how much time the law allows to initiate such a lawsuit and what proof may be necessary in order to successfully litigate a claim.
Auto Accident Caused By Loose Trailer Kills 1 in Louisiana
The Louisiana State Police are investigating an unusual accident that occurred earlier this month on Interstate 10 in Ascension Parish. The cause of the auto accident appears to be a loose trailer. One person was killed as a result of the accident.
A Ford F-350 was traveling west on I-10 with a trailer attached to the back of the pickup truck. Unfortunately, the trailer was not properly secured, and it came loose from the pickup. It shot across the highway through a break in the median guardrail and into oncoming traffic in the eastbound lanes of I-10.
The driver of a Ford F-150 pickup was unable to avoid colliding with the trailer. When his vehicle hit the trailer, his pickup first veered off the right side of the highway and then shot back across the eastbound lanes of traffic. The vehicle came to a rest in the median. Even though the driver of the F-150 was properly restrained, he suffered such severe injuries that he did not survive the accident.
The Louisiana State Police do not believe that alcohol was a factor in the crash, but toxicology samples were taken from both drivers as a matter of procedure. The investigation is ongoing. Even if the police do not file any criminal charges in connection with this tragic auto accident, the family of the victim retains the right to proceed with a wrongful death claim. If the family is able to prove that the other driver was negligent in causing or contributing to the death of the victim, they may be awarded the costs and damages they have incurred in connection with the tragedy.