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.
Fatal Accident
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.
Fatal Accident Involves Two Vehicles and One Pedestrian
When a family loses a loved one through the negligence of another, it can be difficult to understand why authorities may not contemplate criminal charges. Every fatal accident in Louisiana is tragic, but the actions of the driver or drivers involved may not always rise to the level of being considered criminal. That does not mean, however, that the family cannot find closure or some sense of justice for the loved one they lost.
For example, a pedestrian was recently walking down a service road when he was hit by a northbound passenger car. The impact threw him into the northbound lane. Another vehicle, a pickup truck, hit the man a second time.
The 27-year-old pedestrian suffered fatal injuries at the scene. The drivers of the vehicles that hit him did not suffer any injuries, according to reports. Louisiana authorities are still investigating the incident, and so far, charges are not advised against either driver.
No further details on exactly what happened when the first car hit the man were forthcoming at this time. It may be determined by officials that this was nothing more than a tragic accident, and the matter will be closed. However, that may not be enough for the victim’s family.
The family retains the right to file a wrongful death claim against both of the drivers involved in this fatal accident. This gives the family the opportunity to seek financial restitution for the monetary damages they sustained as a result of their loss. If the court is satisfied that the family has proved negligence on the part of one or both of the drivers, an award of damages may be considered.
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.