Many Louisiana residents looked forward to the Ironman competition that took place in the Big Easy on April 13. Two men training for the event never got to compete. The men were involved in a fatal accident on Friday, April 11, just two days before the race.
The cyclists were traveling east on Chef Menteur Highway when a vehicle slammed into them from behind. One of the riders, a 36-year-old man, suffered fatal injuries at the scene. The other rider, a 40-year-old man, suffered injuries described as serious. It was not reported whether those injuries were life-threatening, and there was no further information provided concerning his updated medical condition.
New Orleans police officers do not yet know what caused the driver of the vehicle to hit the two bicycle riders. Authorities called in a fatality investigator. As of last report, criminal charges had not been filed in the incident, but that determination could be contingent on what the investigator reports.
Every Louisiana driver is responsible for using caution when driving. When a driver fails in this duty of care, the result can be catastrophic to the driver and passengers, as well as everyone else on or near the roadway. In this case, the two bicyclists paid a severe price — one with his life.
As authorities work to determine whether the driver’s actions warrant criminal charges, the injured rider and the family of the deceased rider retain the right to file civil actions in connection with this fatal accident. Successfully proving to the court that the driver was negligent and that negligence led to the injuries — fatal or otherwise — suffered by the victims, could result in an award of monetary damages to the plaintiffs. Any financial damages received could ease the financial burdens undoubtedly forced upon the family of the decedent and the injured man.
Fatal Accident
Louisiana State Police Says Charges are Pending in Fatal Accident
Louisiana State Police troopers are still attempting to determine the reason for a crash that occurred in the early afternoon hours of March 31. Alcohol is not believed to be a factor in the fatal accident. However, as is the case in any accident involving a death, authorities took toxicology samples from the drivers involved and sent them for testing.
Other avenues of investigation are ongoing as investigators await the results of the tests from the Louisiana State Police Crime Lab. So far, it has been determined that three vehicles were involved in the crash. A vehicle heading east on U.S. 90 somehow ended up careening across the median and into the westbound lanes of the highway, where it struck two vehicles.
All three drivers were properly restrained at the time of the crash. Despite that, one of the westbound drivers suffered injuries that turned out to be fatal. The 47-year-old man died later the same afternoon at an area hospital. Authorities indicated that the eastbound driver’s injuries to be moderate, and her current condition is not known. The third driver survived the crash with only minor injuries.
It is also not known when a determination will be made as to whether criminal charges will be filed against the eastbound driver. Even if no criminal charges are filed, the family of the deceased driver retains the right to file a wrongful death claim against the driver. The court may award the family damages sustained in connection with the fatal accident if the family can prove the driver was negligent with respect to the fatal accident.
Distracted Driving May Have Caused Fatal Accident in Louisiana
Louisiana drivers know it is important to pay attention to the road, their surroundings and other vehicles as they drive. However, it is sometimes easy to become distracted by any number of things. Cell phones, eating and other activities that divert a driver’s attention from the road are frequently cited as factors in vehicle collisions. This can easily become dangerous and cause a serious or fatal accident.
Louisiana State Police troopers say that a 19-year-old driver was distracted as he heading westbound on Highway 16. Two motorcycles were coming toward him in the eastbound lane. Whatever it was that distracted the driver of the car caused him to drift into the opposing lane and slammed into the motorcycles head-on.
Both of the riders were wearing D.O.T. approved helmets, but that did not save one of the riders. The 29-year-old man suffered fatal injuries and died at the scene. The other rider, a 51-year-old man, suffered moderate injuries for which he received treatment at an area hospital. His current condition is unknown.
The driver of the car suffered minor injuries. Alcohol and drugs are not believed to be causal factors in this fatal accident, but toxicology samples were taken as per standard procedure. Charges are pending against the young man as troopers conduct their investigation. The family of the deceased motorcycle rider and the injured rider may file wrongful death and personal injury claims, respectively, against him as well. Any monetary award received as a result of a successfully presented claim may be used to defray the costs associated with this tragedy.
Louisiana Man Pleads Guilty to Causing Fatal Car Accident
Around 10:30 p.m. on Sept. 7 of last year, a woman was traveling on Interstate 610. She was on her way to work as a police dispatcher in the Big Easy. The Louisiana woman would never make it there. Instead, she became the victim of a fatal car accident.
Authorities say a 28-year-old man with a blood alcohol level of .25 managed to get behind the wheel of his Jeep and head toward the Interstate. His blood alcohol level was over three times the Louisiana legal limit. When he got onto the Interstate, he was traveling the wrong-way and slammed head-on into the woman’s vehicle. Emergency personnel rushed the woman to an area hospital with internal injuries and broken bones.
Hospital personnel did what they could for the woman, but it became clear she would not survive. The next day, the New Orleans Police Department (NOPD) dispatcher was placed on life support. The 32-year NOPD veteran was an organ donor, so she was kept alive long enough for medical personnel to harvest her organs.
On March 21, the drunk driver pleaded guilty to homicide by vehicle. The judge sentenced him to a prison term of 7.5 years. Separately, the victim’s family may exercise its right to file a wrongful death claim against the driver, offering proof of his plea and sentence as evidence of his negligence. If a civil court is satisfied that the drunk driver was negligent, it may award the family damages in connection to the loss of the 51-year-old victim in this tragic fatal car accident.
Impairment Suspected in Fatal Accident on I-55 in Louisiana
Louisiana State Police officers closed a portion of southbound Interstate 55 for several hours on March 11 while they investigated and cleaned up a three-car crash. Three people were injured and two people lost their lives in the fatal accident. Officers suspect that impairment was a significant factor in the crash.
The driver suspected of being impaired was traveling north on Interstate 55 in the southbound lanes between Ruddock and Manchac. His vehicle and another vehicle ended up colliding head-on. A third vehicle was able to avoid colliding with the two vehicles, but the fluids spilling out from the wrecked cars onto the road caused the driver to lose control and slam into a guardrail.
The 32-year-old wrong-way driver suffered fatal injuries and died at the scene. Emergency personnel transported the two passengers in his vehicle to area hospitals for treatment of moderate injuries. The driver of the vehicle the wrong-way driver slammed into survived the crash, but later succumbed to his injuries at a local hospital. The driver of the third vehicle refused medical treatment for seemingly minor injuries.
Louisiana State Police investigators are awaiting the results of toxicology tests to confirm or deny whether the driver of the northbound vehicle was impaired at the time of this fatal accident. Obviously, no criminal charges could be filed against the man since he died in the crash, but the family of the other deceased driver and the injured victims may file civil actions against his estate. Damages such as medical costs, pain and suffering and other financial losses recognized by our wrongful death and personal injury laws may be awarded if negligence is proved to the satisfaction of the court.
Fatal Accident Deaths Lead to Charges for 3 Drivers
Any time an individual gets into a vehicle driven by someone else, he or she puts his or her life in that driver’s hands. The obvious expectation is that the driver takes that responsibility seriously and exercises the appropriate amounts of caution and attention while on the road. Unfortunately, that is not always the case, and a fatal accident could be the result. A Calcasieu Parish Grand Jury agreed that three drivers in three separate accidents breached their duty as drivers, resulting in several deaths.
In the first crash, a driver lost control of her vehicle back in Oct. 2012. The vehicle ended up slamming into a tree. Her passenger was killed.
The second accident occurred in Feb. 2013 on La. 14, not far from the exit leading to Interstate 210. A then 20-year-old passenger and 24-year-old passenger both suffered fatal injuries in the crash. The 19-year-old driver suffered serious injuries but survived.
The final crash happened in March 2013. The man behind the wheel of the car sideswiped another vehicle. That contact caused the driver to lose control and slam into a guardrail. The man’s passenger was thrown out of the vehicle during the crash. She did not survive long enough to receive medical attention.
In all three cases, family members of the deceased victims retain the right to file wrongful death claims in a Calcasieu Parish civil court against the respective drivers believed to have caused these fatal accident deaths. Doing so could never give back a victim to his or her family. However, it could help that family obtain some financial restitution for the damages typically associated with sudden deaths for which no family can adequately prepare.