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.
Negligence
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 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.
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.
Louisiana Man Arrested for Fatal Pedestrian Accident
A 54-year-old Louisiana woman suffered fatal injuries after being struck by a vehicle on Dec. 29. The supposed driver of the vehicle involved in this fatal pedestrian accident failed to remain at the scene. Police believe the responsible party is now in custody.
From evidence gathered at the scene, Louisiana authorities were able to determine the make and model of the vehicle that struck the woman. The identification of the vehicle, a white Dodge pickup truck, led them to a pickup truck owned by a Chalmette man. The vehicle had sustained damage consistent with the evidence obtained by investigators.
It is believed the owner of the pickup truck was driving the night the woman was run down. An arrest warrant was issued, and the 70-year-old man turned himself in to police on New Year’s Day. He faces charges of negligent homicide, reckless operation and an additional felony charge for hit-and-run.
No other information regarding the victim was reported. It is not known how long she was on Louisiana 46 before she was found or if she could have survived with immediate medical care. More information may become available after police complete their investigation.
As the criminal case in connection with this fatal pedestrian accident progresses, the victim’s family may receive answers to any lingering questions they may have regarding the accident. If a conviction is secured, the family may use that conviction in any related civil action as evidence of the driver’s negligence. If negligence is proved, the family could be awarded for damages by the court.
Driver in Fatal Accident in Louisiana Charged
Despite the amount of evidence and public service announcements regarding the dangers of drinking and driving, people continue to get behind the wheel of their car after consuming too much alcohol. When doing so, drunk drivers put their lives at risk as well as the lives of everyone around them. There is no guarantee that a fatal accident will not result when an individual chooses to drive after consuming alcohol.
Louisiana State Police now believe that an impaired driver caused a recent accident. Authorities charged that driver with vehicular homicide, DUI and other crimes after the death of the driver of another vehicle that was in the wrong place at the wrong time. The accused driver slammed head-on into the victim’s vehicle, killing the other driver and injuring himself and his passenger.
The two vehicles were traveling in opposite directions on Louisiana 25 when the accused man suddenly swerved into the path of the oncoming vehicle. The unsuspecting driver was unable to avoid the collision and did not survive the crash. The current conditions of the man police say was impaired and his passenger are currently unknown.
Depending on the outcome of the criminal proceedings, the family of the deceased — as well as the injured passenger — may be able to use any conviction that is obtained in criminal court as evidence in a civil action filed in connection with this fatal accident. In order to prevail in a wrongful death or personal injury claim, the plaintiffs must prove negligence of the part of another party that is found to have caused or contributed to the car accident. If the party or parties deemed responsible are found negligent, the court will proceed to consider claims for specific items of financial losses such as medical costs, funeral and burial expenses and other damages recognized by our laws.