15th Judicial District Judge David Smith sentenced a 25-year-old Lafayette man to twelve years in prison, following a February 2015 drunk driving crash in which he destroyed two vehicles and killed one person.
Police and witnesses state that Bryan Chapman was heavily intoxicated and driving at least 100mph when he smashed into 66-year-old Carol Ann Richard’s vehicle near the intersection of Halifax Drive and Moss Street. The force of the impact propelled Ms. Richard’s burning car into another vehicle, causing it to topple over. Mr. Chapman pleaded guilty in July 2015, and he has remained in the Lafayette Parish Correctional Center since then. At the sentencing hearing, Mr. Chapman’s parents asked for leniency, because they say he is remorseful, has been completely sober since the drunk driving crash, and is a good caregiver to his disabled sister. At the same hearing, witnesses testified through tears about Ms. Richard’s career with the school district and giving spirit. Judge Smith announced that Mr. Chapman must “carry on [that] tradition of giving” after his release from prison, by speaking once a month for twelve months in sobriety court and performing 250 hours of community service at an alcohol counseling center for young people. [Read more…] about Drunk Driver Sentenced For 2015 Fatal Crash
Wrongful Death
The Bayou State: A Not-So-Great Place To Work
According to one metric, which we posted about earlier, Louisiana workplaces are among the safest ones in the country. But according to another survey, the Bayou State is almost literally a deathtrap for workplace injuries.
The National Institute for Occupational Safety and Health reported that only Arkansas has a higher workplace death rate than Louisiana’s 6.8 incidents per 100,000 workers. In general, most all states in the Southeast have job injury death rates that well exceed the national average, which is 3.8 per 100,000. Motor vehicle crashes and other transportation incidents are the leading cause of workplace death in Louisiana and elsewhere, followed by contact with equipment or objects, workplace violence, falls, and exposure to hazardous substances.
Study authors suggested that more research go into the causes of, and solutions for, fatal workplace injuries.
Compensation for Fatal Workplace Injuries
No amount of money can begin to compensate for the loss of a loved one, but the money available through the workers’ compensation system at least provides a little extra economic security. Since that is one of the biggest reasons the departed loved one went to work every day, that added security is a good way to honor the decedent’s memory.
There are two types of fatal workplace injuries: persons who die almost immediately because of their injuries, and persons who are seriously injured and succumb to their work-related injury or illness within two years. In both these instances, surviving spouses and children typically receive a weekly stipend based on the decedent’s contributions during the past twelve months; if there are no surviving spouses or dependents, each surviving parent usually receives a $75,000 lump sum payment. In all these cases, workers’ compensation also pays all funeral and burial expenses up to $8,500.
Workers’ Compensation System
When these laws first appeared about a hundred years ago, injured workers rather quickly received substantial compensation for their economic losses, thus offsetting the fact that they could not sue for noneconomic damages, because of the “exclusive remedy” doctrine. But over the years, benefits incrementally went down and the time required to process workplace injury claims incrementally went up.
As a result, some victims are challenging workers’ compensation systems. The Florida Supreme Court recently ruled that a key attorneys’ fee provision was unconstitutional, because it effectively denied victims competent representation in these matters.
Such reform movements have not yet come to Louisiana, because on balance, benefits are sufficient to get workplace injury victims healed and back to work in a reasonable amount of time. But as the Florida case illustrates, only an aggressive attorney gives victims a fair chance when they go up against large insurance companies, whether it is in a negligence trial or at a workers’ compensation hearing.
Employers must pay compensation when their workers are injured or killed on the job. For a free consultation with Lee Hoffoss or another experienced personal injury attorney in Lake Charles, contact Lee Hoffoss Injury Lawyers. After hours appointments are available.
I-10 Crash Kills Good Samaritan And Seriously Injures Driver
A runaway tractor-trailer killed a bystander as he tried to help a stranded motorist re-attach a U-Haul trailer to her vehicle.
According to Louisiana State Police, the large truck wreck occurred on westbound Interstate 10 in Henderson. As 26-year-old Tanika Adams, of Jacksonville, Fla., pulled a trailer with her Volkswagen Tiguan, it came loose and blocked the outside lane. Ms. Adams pulled to the shoulder and then tried to pull the stranded trailer out of the traffic lane; a short time thereafter, 25-year-old Vineeth Keesara, of Lafayette, stopped and rendered assistance. A few moments later, an oncoming Perterbilt tractor-trailer slammed into the disabled trailer, instantly killing Mr. Keesara and seriously injuring Ms. Adams. [Read more…] about I-10 Crash Kills Good Samaritan And Seriously Injures Driver
Gruesome Highway Crash Kills One
A pickup truck ran over a woman in the road after she was ejected from her car in a vehicle crash.
The wreck occurred on southbound U.S. Highway 61 between Kenner and Laplace. Per Louisiana State Police, 20-year-old Angelica Matamoros drifted across the center line and collided with 23-year-old Norman Porter, who driving an SUV. Ms. Matamoros was not restrained and was ejected from her vehicle. As she lay on the ground, 28-year-old Justin Hunter ran over the woman. Ms. Matamoros was pronounced dead at the scene.
State police opine that if she had been wearing her seat belt, the woman may have survived. “Motorists are encouraged to make the smart choice and to always wear their seat belt,” police said in a news release. [Read more…] about Gruesome Highway Crash Kills One
Multi-Milliondollar Verdict In Wrongful Death Case
An Ascension Parish jury ordered the State of Louisiana and a negligent driver to pay a father and mother $4.4 million after a truck accident killed two of their children.
In June 2014, 9-year-old Sarai Lanus, 6-year-old Daylon Lanus, their father David Lanus, and several other people were fishing near the side of Bluff Road in Prairieville, when 47-year-old Shawnette Taylor’s UV left the road, slid down a steep embankment, and slammed into the group of fishers. The Lanus children were pronounced dead at the scene, and their father was seriously injured. In the truck accident lawsuit, the plaintiffs claimed that the road’s defective design contributed to the crash, an allegation which the state Department of Transportation and Development flatly denied. The jury disagreed, dividing fault 60-40 between the state and the tortfeasor (negligent actor). Ms. Taylor had argued that David Lanus was responsible for the deaths and another vehicle got too near the center line, forcing her to leave the road to avoid a collision, but the jury disagreed with those contentions as well. [Read more…] about Multi-Milliondollar Verdict In Wrongful Death Case
Bizarre Collision Creates Liability Questions
Authorities identified the victim in a fatal pedestrian-auto wreck which occurred in Bienville Parish, but legal responsibility remains uncertain.
The incident took place on U.S. Highway 371 south of State Highway 516. Investigators state that 27-year-old George Arkeem, of Minden, was northbound on 371 when he came upon an adult woman lying prostrate in the roadway. He was unable to avoid running over her and she died almost instantly. The victim, who apparently had no identification on her person, was later determined to be 51-year-old Theresa Williams, of Ringgold.
State police do not expect to bring charges at this time. [Read more…] about Bizarre Collision Creates Liability Questions