Most law enforcement officers spend their careers dealing with tragedies that seem senseless and preventable. Given the opportunity, troopers with the Louisiana State Police will use the media to remind drivers of the dangers of driving while fatigued, impaired or distracted. Sadly, it is usually in the wake of a fatal auto accident that they receive the chance.
For example, troopers recently responded to a two-car accident in which a woman lost her life. The two vehicles were approaching the same intersection. The woman had the green light and proceeded through the intersection. The man driving the other vehicle failed to obey the red traffic signal and plowed into the driver’s side of the victim’s car.
The impact shoved her vehicle across the intersection into a utility pole where it finally came to rest. The woman died from the injuries she suffered in the impact. The driver believed to be responsible for the crash took off after the crash.
Police later found him and took him to the St. James Parish jail. He faces charges of DWI, reckless operation and negligent homicide. Additional charges include fleeing the scene of the accident and failing to obey the traffic signal.
It is believed that the driver was impaired at the time of the crash, so a toxicology sample was taken from him for analysis. Even though it does not appear that the victim was impaired, a sample was also taken from her. Both samples were sent to the Louisiana State Police Crime Lab for testing.
Should prosecutors secure a conviction on a charge related to the woman’s death, her family may be able to use it as evidence of the surviving driver’s negligence in a wrongful death claim. If the court is satisfied that negligence is proved, an award of damages like that often received in fatal auto accident cases could be considered. Monetary restitution may not help the family get over the loss of its loved one, but it may help with the financial burdens placed on the family members because of her death.
Negligence
Driver Allegedly Admits to Speeding in Fatal Car Accident
Nearly every Louisiana driver has driven above the posted speed limit on occasion. In most cases, the worst that may happen is a driver getting a speeding ticket. However, on occasion, speeding can lead to a serious or fatal car accident.
A 27-year-old Louisiana man surely did not think that his speeding would lead to a crash in the early morning hours of a recent Sunday morning. It was about 5:15 a.m. when the man was heading to work on Interstate 10 westbound. Somehow, his vehicle slammed into an SUV with enough force to cause the SUV to fly off the roadway into the grassy area beyond the shoulder.
The 66-year-old driver of the SUV was properly restrained when the accident occurred. Unfortunately, it was not enough to save his life. The driver whose vehicle struck the SUV was examined at a local hospital before being taken to the police station.
He allegedly admitted to police that he was speeding. So far, he is facing charges of driving recklessly and driving without a valid driver’s license. Officials believe more charges may be filed against him.
While authorities make that determination, the family of the victim is grieving for their loss. As they prepare to bury their loved one, the financial impact of this fatal car accident may quickly become apparent. The family retains the right to file a wrongful death claim against the driver deemed responsible for his death. Successfully proving negligence could lead the court to consider an award of damages that could help defray the financial burdens the family is incurring.
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.
Fatal Car Accident on U.S. Hwy 171 Takes 3 Lives
Nearly everyone in Louisiana knows that consuming alcohol can affect the decisions people make. The first mistake that many intoxicated individuals often make is getting behind the wheel of a vehicle, which can lead to a serious orĀ fatal car accident. Some alcohol-related crashes occur because an impaired driver is unaware that he or she is traveling down the wrong side of a highway.
Troopers with the Louisiana State Police believe the driver of a vehicle traveling the wrong way on U.S. Highway 171 recently was impaired at the time of a crash. The vehicle was heading south on the northbound side of the highway, which is divided. A vehicle traveling northbound was unfortunate enough to be in the path of the wrong-way driver.
The two vehicles collided head-on. The driver and passenger in the vehicle traveling in the wrong direction both suffered lethal injuries to which they succumbed at the scene. The driver of the other vehicle also perished and was declared deceased at the scene of the accident as well.
It could take some time for authorities to confirm whether impairment was a factor in this fatal car accident, as is suspected. In the meantime, the families of the passenger and second driver are not required to await the conclusion of the official investigation before filing wrongful death claims against the estate of the wrong-way driver. As long as they have enough evidence to demonstrate negligence, the court may consider an award of damages permissible under state law.