Shortly before 9 p.m. on Sept. 28, Louisiana State Police from Troop F responded to U.S. Highway 167 near Louisiana Highway 15. When they arrived, they discovered a double fatal accident that involved only one vehicle. One of the vehicle’s occupants was still belted in, while the other had been thrown free of the vehicle at some point during the crash.
Louisiana State Police troopers have preliminarily determined that the vehicle was heading southbound on U.S. Highway 167. For an unknown reason, the car drifted off into the median twice before spinning and flipping. The flipping vehicle traveled all the way across the median and the northbound lanes until it finally came to a rest on the shoulder.
Fortunately, it does not appear that any other vehicles were involved in the crash. Both the driver, who was still buckled into the vehicle, and his passenger, who was thrown free, suffered fatal injuries. They were both pronounced dead at the scene.
It was not released whether there were any witnesses to the accident. If not, it could take some time for authorities to figure out what caused the accident. As party of the investigation, a toxicology sample may be taken from the driver to determine whether impairment was a factor in the crash. It could be more difficult to rule out factors such as speed, distracted driving or fatigue.
Having the results of the official investigation could help the family of the deceased passenger prove negligence on the part of the driver in this fatal accident. If the court agrees that the driver was negligent, the court may award the passenger’s family damages to be paid from the estate of the driver. In addition to being awarded any financial damages, the family may gain a sense of closure.
Negligence
Slidell Auto Accident Kills 19-Year-Old Woman
Driving Interstate 12 through Slidell, Louisiana, helps motorists avoid the traffic going to New Orleans. However, it doesn’t help avoid an auto accident. A 19-year-old was killed in mid-June while driving on I-12.
The woman and her passenger were traveling on the interstate when traffic backed up around exit 80. The driver slowed the car in response to the traffic, but the Dodge pickup truck traveling behind her did not slow down at all. It slammed into the car from behind, killing the 19-year-old and seriously injuring her passenger.
Authorities determined that the driver of the Dodge pickup had been drinking, although he was not legally drunk. As a result, he was arrested on suspicion of negligent homicide and other charges and was taken to the St. Tammany Parish Jail. All that is known about the condition of the passenger of the car is that his injuries were serious, and he was taken to an area hospital.
Losing anyone in a fatal auto accident is horrible, but there seems to be an added sorrow when the victim is so young. Those who are left behind have to deal with the loss of a friend and loved one in addition to the loss of a life that had just barely begun. The costs of a fatal auto accident, such as funeral expenses and property damage, can be overwhelming at best. The fact that the driver of the Dodge vehicle will be criminally charged means he may not be driving again for quite some time, but a conviction won’t bring back the driver, nor will it provide any compensation for her family’s financial and emotional losses. To gain this compensation, her family will have to file a civil wrongful death lawsuit that effectively demonstrates the pickup truck driver’s negligence caused the young woman’s death.
Louisiana Car Accidents: Distracted Driving Data Difficult to Get
Anytime a driver is distracted while driving, the possibility of having an accident is increased. For many Louisiana drivers, using a cell phone while driving has become normal. Unfortunately, many car accidents may be caused by drivers being distracted while using their phones. Just how many accidents are caused by cell phone use is difficult to determine.
The National Safety Council tried to gather data on how many accidents involved the use of cell phones, but found that the law enforcement agencies weren’t consistently reporting this type of data. As an example, a 17-year-old girl that was killed in a car accident was on her cell phone telling the person on the other end that she was about to crash. However, the police report didn’t include the fact that she was on the phone or that cell phone use may have been a contributing factor to the crash.
Many states have banned cell phone use by what have been dubbed as “novice drivers.” These drivers are usually under a certain age and are not experienced drivers. Some people believe that this is not enough. They believe that experienced drivers should also be banned from using their cell phones for any purpose while driving unless there is an emergency. Unfortunately, if a driver doesn’t confess to using a cell phone or is not caught in the act, it is difficult to prove that the use of a cell phone was a contributor to a collision.
It is possible that more accurate data could help Louisiana drivers understand just how distracting and dangerous using a cell phone while driving can be. It may be years before agencies such as the National Safety Council are able to provide the public with adequate data to get this point across. In the meantime, there may need to be some changes made in order to help law enforcement agencies capture this data on a more consistent basis. Further, civil suits resulting from car accidents may use cell phone usage as way to prove a driver’s negligence.
Car Wreck East of Lake Charles Leaves 1 Dead
Louisiana State Police were called to an accident on Interstate 10 east of Lake Charles recently. The investigation of the two car wreck has resulted in one driver being charged. The passenger in that driver’s vehicle died at the scene.
The accident occurred when a Mazda heading east on Interstate 10 near Lake Charles sideswiped a second vehicle. That impact threw the Mazda into a guardrail. The passenger in that vehicle was thrown out of the vehicle during the crash; and emergency personnel pronounced the victim dead at the scene.
The driver of the Mazda was taken to an area hospital and treated for what have been described as minor injuries. The driver of the vehicle he sideswiped was lucky enough to escape uninjured. The driver believed to have caused the accident has been charged with careless operation, DWI and vehicular homicide.
Families of car accident victims may find themselves feeling helpless and at the mercy of the criminal justice system to give them the peace of mind they may be looking for after losing a loved one. According to our state laws, families that have lost a loved one due to the negligent actions of another party retain the right to file a wrongful death claim against the driver responsible for the accident. Outside of the emotional impact of their loss, this victim’s family may also be feeling the financial impact of their loved one’s death. If they are able to demonstrate to a Louisiana court that the driver police say is responsible for the car wreck was negligent and that his actions caused or contributed to the death of their family member, they may be able to achieve their own sense of justice along with an award of the costs and damages sustained as a result of the victim’s death.
3 Killed and 1 Charged in Separate Louisiana Car Accidents
Two separate accidents on Louisiana roadways have led to the death of three men and criminal allegations against another man. It is speculated that careless driving for prevailing weather conditions may have been a significant factor in both car accidents. One accident occurred in Slidell, and the other occurred near Ponchatoula.
The accident in Slidell occurred when the driver somehow lost control of his vehicle, sending it spinning into a tree. The driver and front seat passenger were taken to Ochsner Northshore Medical Center to be treated for minor injuries. The backseat passenger was apparently not properly restrained during the accident and was fatally injured. After being treated for his injuries, the driver was taken to St. Tammany Parish Jail on charges of negligent homicide, careless operation and other charges.
The accident near Ponchatoula on Interstate 55 occurred when a driver lost control of his vehicle, causing it to scrape the right side of an 18-wheeler. The driver then over corrected and landed on its roof in a canal containing at least a few feet of water. Both the driver and front seat passenger were unable to free themselves from the vehicle and died.
The driver of the 18-wheeler in the second accident was not hurt, and a breath test did not indicate he had been drinking alcohol. The Louisiana State Police are not sure whether any drivers were impaired at the time of the accidents. Toxicology samples have been taken and will be analyzed.
There are several thousands of car accidents each year involving drivers that do not take reasonable care during inclement weather, and some of those accidents result in death. It is then that the family of the victim may file a wrongful death claim against the party or parties deemed responsible. This appears to be the case in connection with the Slidell accident, though in the Ponchatoula accident, the driver apparently responsible was also killed. It may still be possible for the family of the passenger to file a wrongful death claim against the estate of the deceased driver, based upon proof of negligence. No matter what the families in these cases decide to do, nothing can change the tragic consequences of the fatal collisions.
A Minor Truck Accident Leads to the Death of a Louisiana Man
A minor accident between two trucks on U.S. Highway 190 in Louisiana became the scene of a horrific accident. After that truck accident, one of the drivers was struck by a third vehicle not involved in the first accident. Authorities do not suspect that anyone involved in either of the accidents was impaired at the time.
Two Freightliner tractor trailers were headed eastbound on U.S. Highway 190 early one morning on the Friday before Christmas. When the driver of the first Freightliner slowed to make a left hand, the tractor trailer that was trailing behind rear ended the first truck. This first accident caused minor damage to both trucks.
The driver of the first truck was in the process of placing warning triangles on the roadway in order to alert other vehicles to the accident. While he was doing so, a vehicle heading eastbound struck him. He suffered severe injuries and was taken to Baton Rouge General Mid-City Hospital. Despite the efforts of medical personnel at the hospital, the driver’s injuries were too severe and caused his death.
As part of the ongoing investigation into the truck accident and the crash that followed, toxicology samples have been sent to the Louisiana State Police Crime Lab. The family of the driver that died has the right to file a wrongful death action based upon evidence of negligence that is deemed to have caused the fatality. If liability is established to the court’s satisfaction in a civil action, the court will consider claims for monetary damages sustained as a result of the tragedy.