A recent crash involving a moped gave the Louisiana State Police the opportunity to remind motorcycle and moped riders to do what they can to ensure that other motorists see them. However, those reminders should not relieve motorists of their responsibilities to pay attention and watch for obstacles — including smaller vehicles and pedestrians. When a fatal car accident occurs, the at-fault driver should not be able to justify his or her actions by simply saying that they did not see the other vehicle, no matter how big or small it may be.
As a 33-year-old man on a moped traveled east on Louisiana 300 at approximately 2:35 p.m., a van heading north made a right hand turn onto the highway right in front of him. The moped driver did not have enough time to avoid colliding with the van, and he flew off the moped. He initially survived the crash and was transported to an area hospital for treatment. Unfortunately, hospital personnel were unable to save his life, and he succumbed to the injuries he suffered in the impact.
The driver of the van told troopers with the Louisiana State Police that he did not see the moped. A breath test given at the scene indicated that the van driver had not been drinking, but investigators are awaiting blood test results to confirm. It is not known whether charges against the van driver are being contemplated.
The family of the moped rider retains the right to file a wrongful death claim against the van driver even if criminal charges are not filed. It will be necessary to prove to the court that he was negligent before any award of damages will be considered. Should the court determine that the victim was partially responsible for the fatal car accident, any award will be reduced by the percentage of fault assigned to the victim by the court.
Fatal Accident
Fatal Accident Blamed on Drunk Driving — 7-Year-Old Killed
Recently, police were called to the scene of an accident involving a 7-year-old girl. She was struck by a vehicle driven by a Louisiana man suspected of driving under the influence. The girl initially survived the ordeal but later succumbed to her injuries. The fatal accident occurred in Shreveport shortly after 2 p.m. on the last day of January.
Apparently, the little girl was on her bicycle, waiting for traffic to clear so that she could cross the street. A vehicle driven by a 46-year-old man careened off the road, struck a light pole and flipped over. The out-of-control vehicle struck the victim.
It was determined that the girl suffered severe injuries. She was rushed to a hospital. Investigators were quickly dispatched to begin interviewing potential witnesses, gather evidence and take measurements.
With the information gathered at the scene, the driver was arrested. Among other things, he was originally booked on a charge of vehicular negligent injury in the first degree. However, that charge has since been upgraded to vehicular homicide in the first degree because just days after the accident, the girl passed away.
Along with the criminal charges he faces, he might face a wrongful death claim from the victim’s family. Any conviction secured by Louisiana prosecutors in connection with this fatal accident could be offered as evidence as the family seeks to document before a civil court that she died as a result of the man’s negligence. An award of damages could be ordered by the court if it is satisfied that the driver was negligent in causing or materially contributing to the fatal accident.
Fatal Accident Takes 3 Lives on U.S. Highway 71 in Louisiana
A double-yellow line serves as the only division of numerous highways that crisscross the country. This puts those who travel these highways at risk of being involved in a fatal accident if a driver crosses that line into the oncoming lanes of traffic. One such highway that runs north and south through Louisiana is designated as U.S. Highway 71.
Recently, a northbound vehicle on the highway veered across the double-yellow line directly into the path of a southbound vehicle. The northbound car slammed into the other vehicle at approximately 5 p.m. The drivers of both vehicles suffered fatal injuries, along with a passenger in the vehicle that had crossed the line.
The other three occupants of that vehicle suffered injuries ranging in severity from minor to serious. The passenger in the other vehicle suffered injuries described as moderate. All of the injured passengers from both vehicles were taken for medical treatment. Their current conditions had not been reported.
In Louisiana, it is routine to take toxicology samples in all accidents involving a fatality, to determine whether a driver was impaired by either drugs or alcohol at the time of the crash. The results of the samples taken in this crash are pending. This information is needed regardless of the fact that both drivers lost their lives, and thus, no criminal charges will be filed.
However, the results could have an impact on any civil actions filed as a result of this fatal accident. Establishing negligence is integral to a successful claim, and if the driver considered to be at fault in the crash was impaired, that information could be used to bolster a claim of negligence. Once the court is satisfied, it may consider an award of damages typically seen in car accidents.
Impairment Suspected in Fatal Accident on Louisiana Hwy 2
Accidents caused by drivers who are under the influence of alcohol or drugs are some of the most preventable on the road. By deciding to get behind the wheel of a vehicle while suffering from diminished capacity, impaired drivers put the lives of anyone on or near the roadway at risk. One driver appears to have found this out the hard way in a fatal accident that occurred recently on Louisiana Highway 2.
Troopers with the Louisiana State Police believe he was impaired as he headed east on the highway. As he attempted to negotiate a curve, he reportedly veered into the oncoming lane of traffic. A vehicle already in the westbound lane was not able to get out of the way of the man’s pickup truck. The two vehicles slammed into each other head-on.
The 22-year-old driver of the westbound car survived the crash. However, his 32-year-old passenger suffered fatal injuries in the crash and died at the scene. It is not known what injuries either driver suffered, if any. The 43-year-old pickup truck driver was arrested and taken in for booking. He could face charges of driving left of center, negligent injury (two counts) and homicide by vehicle.
Apart from any criminal proceedings, the injured survivors and the family of the deceased passenger may pursue civil lawsuits against the allegedly impaired driver of the pickup truck in connection with the fatal accident. Any conviction secured by Louisiana prosecutors could be presented as evidence of his negligence in a related civil proceeding. A successfully litigated claim could result in an award of damages that may defray the financial losses that can accompany such adversity.
Speed Most Likely A Factor in Fatal Car Accident on Louisiana 24
When vehicles move at high rates of speed, how they will respond depends largely on the driver. If a Louisiana driver is unable to adequately control the vehicle, he or she could easily lose control. The result might be a serious or fatal car accident.
The Louisiana State Police believe that speed was a contributing factor in a crash on LA 24 recently. The driver was heading north on the highway. As the driver attempted to traverse an S-curve, he lost control of the vehicle. It flipped into the oncoming lane where it was struck by another pickup truck occupied by the driver and a passenger.
Authorities reported that a fire broke out following the crash. All three of the people involved — the 19-year-old driver of the first vehicle, the 30-year-old driver of the second vehicle and the 54-year-old passenger in the second vehicle — suffered fatal injuries at the scene. The damage the fire caused to the vehicles did not allow troopers to ascertain whether the occupants were properly restrained at the time of the crash. Toxicology samples were obtained as part of the ongoing investigation.
As the investigation progresses, the victims’ families may exercise their right to file wrongful death claims against the driver of the first pickup truck. If the claims are successful in establishing negligence, the court may consider an award of damages typically sought after a fatal car accident such as this tragedy. If any monetary restitution is awarded, it could help with the financial losses sustained by the families.
Neighbors Restrain Driver for Police After Fatal Accident
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.