The Louisiana State Police are investigating an accident that occurred on Louisiana Highway 445. Three people were injured as a result of the car wreck. One driver was given a breath test, which he failed.
The accident occurred when a driver attempted to make a left-hand turn right in front of another vehicle. The oncoming vehicle was occupied by a mother and her two children. None of the three was properly restrained, and the children suffered serious injuries. The three are still in the hospital.
It is not known whether the other driver was injured. However, the evidence suggests his blood alcohol level at the time of the accident was higher than the legal limit. The driver has subsequently been charged with driving while intoxicated, second offense. He is also facing other charges in connection with this accident. The Louisiana State Police are also considering charging the mother of the two children since neither she nor the children were properly restrained during the accident.
Even though the fact that she and the children weren’t wearing seat belts may play a role in any litigation stemming from accident, the mother still retains the right to file a personal injury claim against the other driver involved in this car wreck. If it can be proved that his actions and negligence caused or contributed to the injuries of the mother and her two children, a court will consider claims for damages suffered by the mother and children. Costs such as medical bills and lost wages add up quickly after a serious accident and can financially devastate a family. These expenses are potentially recoverable in a civil action, along with other damages that may be awarded by the court under our state laws.
Louisiana
Louisiana Man May Have Been Impaired at Time of Fatal Car Wreck
The Louisiana State Police say that a 31-year-old driver may have been impaired when he got onto I-12 heading westbound recently. It was this impairment that may be to blame for the car wreck police say he caused. Another Louisiana man died as a result of the accident.
The accident occurred when the allegedly impaired driver attempted to move from the right lane of the Interstate into the left lane in order to avoid a car that was stopped on the shoulder. At the last moment, he noticed a car was already in the lane. Both vehicles swerved to avoid colliding.
The driver police believe was impaired was able to regain control and kept going. However, the other car careened across the median and the eastbound lanes of the Interstate and ended up coming to a stop on the opposite shoulder. The driver did not survive the injuries he sustained in the crash.
The Louisiana State Police report that Livingston Parish deputies were able to locate the allegedly impaired driver and bring him back to the scene. The driver was then arrested and taken to the Parish prison. Once there, he was booked on charges of DWI, hit-and-run, vehicular homicide, and improper lane usage.
The family of the deceased driver retains the right to file a wrongful death claim against the driver regardless of the outcome of the criminal charges. However, should the driver be convicted of a crime in connection with this fatal car wreck, that conviction may be offered as evidence in civil court of the driver’s negligence. Nothing will bring back their loved one, but a successful wrongful death action may help the family move on financially. Expenses such as medical expenses and funeral costs are recoverable in a wrongful death action once liability is established, in addition to any other damages allowed by law.
Bicycle Vs. Car Wreck Kills Louisiana Teen
Recently, a 17-year-old Louisiana boy was hit by a car while riding his bicycle on Louisiana Highway 182 near Jeanerette. The bicycle vs. car wreck occurred at 9:15 p.m., and police say the bicycle did not have any type of lights on it. The teen was pronounced dead at Iberia General Hospital.
The bicyclist was about 4 feet from the solid white line at the right edge of the roadway when he was hit. The 73-year-old driver of the Kia Sorrento that hit the bicycle was not injured. Authorities say that the investigation is ongoing, and they are awaiting the results of routine toxicology tests.
It is not known what charges, if any, may be filed in connection with this accident. Meanwhile, the family of the victim is left to prematurely bury their loved one. As the family struggles to come to terms with the shock of the 17-year-old’s death, they retain the right to file a wrongful death action against the driver.
Regardless of whether any criminal charges are filed by authorities, the family of this young man can turn to our state civil courts to seek financial relief in connection with this tragic car wreck. Even though it won’t bring back this 17-year-old, whose life had practically just begun, a successful lawsuit may help the family recover the financial losses that inevitably accompany an accident such as this. Medical expenses, funeral costs and the like are recoverable under Louisiana law when negligence on the part of another party is established in court as the proximate cause of the fatal accident.
Louisiana Driver Allegedly Fell Asleep and Caused Fatal Accident
Louisiana State Police are investigating a head on collision that happened on US 290 near the town of Ragley. According to reports, a man fell asleep behind the wheel of his car and caused the fatal accident. One woman was killed and two others were sent to the hospital with moderate injuries.
The accident occurred when the driver of a Honda Accord apparently fell asleep and drifted into on-coming traffic, right into the path of a Mazda 3. The collision resulted in the death of the Mazda’s 71-year-old female passenger. The driver of the Mazda, also 71 years of age, suffered moderate injuries and was transported to the hospital. His updated medical condition was not reported.
The Honda driver was also taken to the hospital with moderate injuries. His current condition is also unknown. The Louisiana State Police have charged the driver of the Honda with driving left of center. However, they are still investigating the accident. Toxicology samples from both drivers have been taken.
The driver of the Mazda and the family of the passenger retain the right to file a personal injury claim and wrongful death action in connection with this fatal accident. Medical expenses, funeral costs, lost wages, and other expenses are potentially recoverable in a civil action where evidence documents the negligence of another party. If they are able to prove that the driver of the Honda was negligent in a manner that proximately caused the fatal accident, a Louisiana court will consider their damage claims. Granted, nothing can change what has already occurred or heal physical or psychological injuries, but successfully prosecuted legal claims may help the family recover from the unavoidable financial impact of this accident.
Police: Louisiana Teen Tries to Blame Car Wreck on Dead Passenger
Police say that the first time they questioned a Louisiana teen about the car accident in which he was involved, he denied that he was the driver. Instead, he said that the other 17-year-old boy in the car had been driving. The other teen could not deny the allegation since he died in the car wreck.
The accident occurred when the teen driver passed a truck in a no-passing zone. As the vehicle re-entered the lane, the rear portion of his car clipped the front of the truck. This caused the driver to lose control of his car, run off the road and overturn.
The 17-year-old passenger in the vehicle was ejected. His injuries were too severe, and he was pronounced dead at the scene. The teen who police say was actually driving the vehicle has been charged with obstruction of justice and negligent homicide.
The parents of the deceased passenger retain the right to file a wrongful death claim in connection with their son’s death in this car wreck. However, the family may benefit from seeking advice regarding filing such an action due to the potential complexities. If the driver is convicted of the criminal charges now pending against him, proof of that conviction may be offered as evidence in a related wrongful death lawsuit on the issue of liability. In the civil action, the family will need to prove that the driver acted negligently in a manner that caused or contributed to the fatality. Filing a civil suit won’t bring their son back, but a successful result may give the family some measure of justice for the loss of a family member whose life had barely begun.
Car Wreck: Woman Killed in Head on Collision on Louisiana 18
A head on collision has claimed the life of a Louisiana woman. The car wreck occurred in the first week of October on La. 18 in St. James Parish. Two men were also injured in the accident.
The woman was driving east on La. 18 when she encountered a Ford pickup truck heading westbound. For unknown reasons, the pickup truck veered into the eastbound lane, smacking head on into the woman’s Nissan. The woman suffered severe injuries and was pronounced dead at the scene. The driver of the pickup truck and his passenger both reportedly suffered moderate injuries and were taken to St. James Hospital.
The Louisiana State Police are still investigating the accident. Even though they do not believe that alcohol was a factor in the crash, routine toxicology samples were taken from both the driver of the pickup truck and the deceased woman. The toxicology samples have been sent to the State Police Crime Lab for analysis.
In the meantime, the family of the woman killed in this car wreck has to deal with the repercussions of her death. While they grieve for her loss, they also must deal with the fact that they are incurring expenses related to the accident and her untimely death. The family is entitled to file a wrongful death action against the party deemed to have negligently caused her death. Under our state laws, her family may seek monetary relief if they can prove her death resulted from the negligence of another party. It is not yet known if the family intends to seek this type of relief through our state court system.