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.
Investigation
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.
Fatal Auto Accident Leads to Charges for Lake Charles Woman
Drivers are responsible for everything that happens while they are behind the wheel of a car. When a driver fails to maintain control of his or her vehicle, the potential exists for a serious or fatal auto accident. Anyone in or around the vehicle is at risk when that happens.
A Lake Charles woman placed her passenger at risk when as they traveled west on Louisiana Highway 370. For a yet unknown reason, the woman lost control of her vehicle and careened off the road. The vehicle ended up flipping over in a ditch. The driver was fortunate to avoid any injuries in the crash.
The passenger, however, was not as lucky. Emergency personnel managed to stabilize the 22-year-old man long enough to get him to an area hospital. Unfortunately, hospital personnel were not able to save the man’s life. He passed away because of the injuries he suffered in the crash.
Authorities are still investigating the circumstances surrounding the incident. So far, the woman driving the vehicle, who is also 22 years old, faces charges that include reckless driving and vehicular homicide. She was also cited for not wearing a seat belt.
While the investigation continues, the deceased man’s family is forced to deal with his sudden loss. The family retains the right to file a wrongful death claim against the Lake Charles woman. If prosecutors secure a conviction against the woman for a crime connected to this fatal auto accident, the family may offer proof of that conviction as evidence of negligence in a related civil lawsuit. If a civil court rules that the family has proved negligence, an award of damages may be considered, which could help alleviate any financial burden facing the family due to their loss.
Formal Charges Filed in Louisiana Car Accident
A Louisiana grand jury recently handed down an indictment against a man for the injury of his passenger and the death of another driver. The man was charged with negligent vehicular injury in the first degree and vehicular homicide. The fatal car accident took place on June 22, 2013.
When Louisiana State Police arrived at the scene on that evening, the initial impression of troopers was that the accident was a head-on collision. The investigation confirmed their suspicions. According to the official report, the accused driver was heading east on Louisiana 2 when he veered into oncoming traffic. The truck then collided with the other vehicle.
The driver of the vehicle in the westbound lane suffered fatal injuries. The deputy coroner called to the scene pronounced the victim dead. The passenger in the eastbound truck suffered serious injuries. The extent of the damage to the truck required emergency personnel to free the passenger from the vehicle before he could be transported to a hospital.
According to Louisiana State Police, the accused driver admitted at the time to consuming alcohol after picking up his paycheck in Oak Grove. He was on his way home at the time of the crash. When he was arrested, he was charged with numerous crimes that have now been dismissed in lieu of the charges in the indictment.
Outside of the criminal proceedings, the driver could also face civil actions in connection with the fatal car accident. The family of the deceased driver may file a wrongful death claim against the driver. Further, the man’s passenger may also file a personal injury claim against him. Successfully litigated claims could result in the court awarding damages to the parties.
Trial of Louisiana Man Involved in Fatal Accident Postponed
Recently, a Louisiana courtroom was full of people from both the family of the 6-year-old boy killed in 2012 and the family of the man accused of negligent homicide in connection with the boy’s death. The deceased boy’s family was hoping for a verdict regarding the fatal accident, but the trial was postponed due to the unavailability of an unknown witness. The driver on trial maintains he did not see the boy prior to the accident.
The boy was riding his scooter along his neighborhood sidewalk with a friend and his brother. As he crossed the man’s driveway, he fell off his scooter. At the same time, the driver was pulling into his driveway. According to authorities, the man was distracted by his cell phone.
Further investigation revealed that the man had a blood alcohol content of .06 the day of the accident, which is lower than the Louisiana minimum of .08. A grand jury originally refused to indict the driver, but the prosecution filed charges anyway, based on the claim that he was distracted and should have seen the boy. The driver maintains that, even if he had not been on his cell phone, there was no way he could have seen the victim.
At this point, the outcome of the criminal case is uncertain. Nevertheless, the surviving family members have legal options regardless of the outcome in criminal court. Even if no conviction is secured, they have the right to proceed with a wrongful death claim in a Louisiana civil court. If they establish that the driver was negligent in a manner that caused or contributed to the fatal accident, the family may be awarded monetary damages to be applied to the financial losses that inevitably accompany these tragedies.
Louisiana State Police Investigate Auto Accident
Many factors contribute to a driver losing control of his or her vehicle when other conditions, such as weather, are not a factor. Distracted driving, impairment and excessive speed seem to be three of the most often cited reasons. One of these factors may have caused a recent fatal auto accident on Louisiana 75.
Two men occupied the vehicle when the driver lost control for a yet unknown reason. The car ended up slamming into a utility pole. The passenger’s injuries were so severe that he died in the crash. The driver’s injuries were considered minor.
The investigation into this accident is still ongoing. The Louisiana State Patrol has not revealed what contributing factors may be at play in this crash. Ordinarily, an accident involving a fatality necessitates a toxicology test for the driver or drivers involved, and it may well be that such a sample was obtained in this crash. Once the investigation is complete and the results of any such toxicology test are received, a determination may be forthcoming regarding whether any criminal charges will be filed against the surviving driver.
The results of this investigation may also determine what evidence will be available to the family of the deceased passenger in a wrongful death claim filed in connection to this fatal auto accident. Sometimes, it is necessary to have an independent accident reconstruction done, but using the results of the official investigation may provide enough information to prove negligence on the part of the driver deemed responsible for an accident. If negligence is proved to the satisfaction of a Louisiana civil court, an award for damages may be considered.