A tragedy on Thanksgiving day has most likely changed how one Louisiana family will view the holiday forever. A fatal pedestrian accident took the life of a woman that day. Police are still searching for the vehicle and driver responsible.
Troopers with the Louisiana State Police say that it was approximately 2 a.m. when a friend dropped the woman off in front of her home. It was then that a vehicle that failed to remain at the scene struck her. Her mother reportedly believes the woman was hit more than once. Emergency responders transported her to an area hospital. Sadly, her injuries were too severe, and medical personnel were unable to save her life.
The next day, troopers returned to the scene to see if they could find any evidence there and talk to residents who might be able to provide clues to the vehicle that had struck and killed the mother of two little girls. Her death has rekindled a concern that something needs to be done about the traffic in this particular neighborhood. A resident reported that speeding cars are a problem for the area. Authorities are awaiting the results of a toxicology sample taken from the woman as part of their investigation. No information was provided as to whether the woman was struck by more than one vehicle, or if any evidence that could lead to the vehicle and its driver was found.
While her family waits for police to locate the negligent party or parties found to be responsible for this fatal pedestrian accident, they must bury their loved one. Once the responsible is found, her family may file a wrongful death claim, seeking damages permitted by state law. If they prevail in proving negligence, any monetary restitution received could help provide for the two girls the victim left behind.
Negligence
Speed Most Likely A Factor in Fatal Car Accident on Louisiana 24
When vehicles move at high rates of speed, how they will respond depends largely on the driver. If a Louisiana driver is unable to adequately control the vehicle, he or she could easily lose control. The result might be a serious or fatal car accident.
The Louisiana State Police believe that speed was a contributing factor in a crash on LA 24 recently. The driver was heading north on the highway. As the driver attempted to traverse an S-curve, he lost control of the vehicle. It flipped into the oncoming lane where it was struck by another pickup truck occupied by the driver and a passenger.
Authorities reported that a fire broke out following the crash. All three of the people involved — the 19-year-old driver of the first vehicle, the 30-year-old driver of the second vehicle and the 54-year-old passenger in the second vehicle — suffered fatal injuries at the scene. The damage the fire caused to the vehicles did not allow troopers to ascertain whether the occupants were properly restrained at the time of the crash. Toxicology samples were obtained as part of the ongoing investigation.
As the investigation progresses, the victims’ families may exercise their right to file wrongful death claims against the driver of the first pickup truck. If the claims are successful in establishing negligence, the court may consider an award of damages typically sought after a fatal car accident such as this tragedy. If any monetary restitution is awarded, it could help with the financial losses sustained by the families.
Jury Reaches Verdict in Fatal Accident That Killed 1, Injured 1
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.
Did Speed and Bad Weather Cause Fatal Car Accident?
Most Louisiana drivers know that inclement weather can change the way a car reacts while driving. For this reason, most people obey the speed limit or even slow down in order to avoid losing control of their vehicle. Otherwise, a driver could inadvertently cause a serious or fatal car accident.
Troopers with the Louisiana State Police believe that a driver failed to take the weather and the condition of the road into consideration as he traveled west on Interstate 10 around 8:30 a.m. on a recent Friday. At some point, he lost control of the vehicle, which careened off the roadway and slammed into a tree. Neither the driver nor the passenger was wearing a seat belt.
Both the 21-year-old driver and his 20-year-old passenger suffered fatal injuries in the crash. By the time emergency personnel arrived at the scene, they were both deceased. The Louisiana State Police do not believe that the driver was impaired, but that has not yet been confirmed. Other than the fact that they believe the driver was speeding, troopers were not able to provide any further details regarding the cause of the crash at this time.
If the investigation proves that the driver was going too fast for the road conditions at the time of this fatal car accident, that information may help the passenger’s family prove negligence on the part of the driver. When an individual is killed due to the negligence of another, his or her family may file a wrongful death claim seeking damages from the party or parties deemed responsible for his or her death. If they are successful in doing so, the court may consider an award of damages allowable under state laws.
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.
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.