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.
Wrongful Death
Fatal Accident in Louisiana May Have Been Caused by Speed
Most every driver in Louisiana has driven faster than the posted speed limit on occasion with no consequences. Everyone has done this despite the fact that it is a proven fact that excessive speed can be dangerous. Sadly, this fact may be illustrated by a recent fatal accident.
Police believe that it was excessive speed that caused a vehicle to drift into oncoming traffic as it was negotiating a curve. Regrettably for everyone involved, that vehicle drifted into the path of another vehicle that was unable to avoid the inevitable. The two vehicles collided.
The driver of the vehicle that was unfortunate enough to be on Louisiana Highway 765 that day sustained fatal injuries in the crash and died at the scene. The driver and passenger of the other vehicle both sustained what have only been described as moderate injuries and were taken to a nearby hospital. Their current conditions are not known.
The driver that is believed to have caused the accident has so far been charged with careless operation. Police are waiting for the results of routine toxicology tests taken as part of the investigation. Depending on those results, additional charges could be filed.
Other than the fact that the results of the official investigation into this fatal accident may be used as evidence in civil court, it is not necessary for the family of the victim in this fatal car accident to wait to find out if any additional charges will be filed. Under Louisiana law, the victim’s family may file a wrongful death claim against the other driver. The passenger in the at-fault vehicle may also file a personal injury claim as well.
Woman Ejected in Fatal Accident on Louisiana Hwy 594
When Louisiana State Police troopers arrived at an accident scene on Louisiana Highway 594, they found a woman lying on the road. The woman had been thrown from her vehicle during a fatal accident. She was pronounced dead by the Ouachita Parish Coroner’s Office at the scene.
Even though the circumstances of the accident are still being pieced together, police do have a preliminary report. The woman was driving south along Louisiana 594 when another vehicle came up behind her. That second vehicle was unwilling to wait until it was safe to pass and passed the woman’s vehicle illegally.
The driver of that second vehicle was reentering the southbound lane when he somehow miscalculated his position. As the driver steered back into the lane he caught the front end of the other driver’s car with the rear of his own which then sent her out of control. At some point as her vehicle swerved off of the opposite side of the road, smacked into a culvert and flipped over, the driver was ejected. Luckily, the two 11-year-old boys in the vehicle with her only suffered minor injuries.
So far, the only citation given to the second driver has been for illegally passing. Troopers don’t believe that alcohol was a factor, but took toxicology samples as part of the investigation. Even if police end up not filing any additional charges against the second driver, the woman’s family has the right to file a wrongful death claim in connection with this fatal accident. Troopers have taken this opportunity to remind drivers not to be sure they safely execute passing maneuvers and only when it is permissible.
Fatal Accident Between 2 Boats Kills Louisiana Man, Injures 2
The Louisiana Department of Wildlife and Fisheries is investigating an accident between two boats. The collision took place near where the river meets the Gulf in Flatboat Pass. Two people were injured and one person died in the fatal accident.
Not many details have been released so far about the crash. What is known is that an oilfield crew boat and a 24-foot “shallow-draft recreational fishing boat” slammed into each other. There were only two people on the oilfield crewboat and neither of them was injured in the accident. All three of the people on the fishing boat were injured.
Emergency personnel took all three people to the hospital to be treated for their injuries. Unfortunately, the driver of the fishing boat sustained such severe injuries that he died on the way to the hospital. The two passengers on the boat were taken to a New Orleans hospital. One of them suffered minor injuries, but the other suffered head trauma. Their current conditions are unknown.
The Louisiana Department of Wildlife and Fisheries has not yet indicated what party is at fault in the accident. Many people tend to forget that a boat is also considered a motor vehicle and require the same amount of attention and care as driving a street vehicle. When people fail to exercise the proper care, a fatal accident can be the result. The seriously injured man has the right to file a personal injury claim against the party or parties responsible for his injuries. It will depend on the outcome of the official investigation whether the family of the driver of the fishing boat will be able to file a wrongful death claim to recover the financial losses they too have incurred.
Louisiana State Police Use Car Wreck to Remind us Not to Speed
A fatal accident on June 5 has given the Louisiana State Police the opportunity to remind drivers to slow down. Excessive speeds reduce reaction time for things such as stopping, avoid obstacles and even taking a curve in the road. The car wreck they are currently investigating may have been the result of a speeding driver that lost control.
The accident in question occurred on U.S. Highway 165 near Bastrop. This is the 18th fatal accident that Louisiana State Police Troop F has investigated so far this year. An out-of-state driver somehow lost control of his vehicle and spun into the oncoming lanes of traffic. When that happened, another vehicle was unable to avoid colliding with the out of control car.
The out-of-state driver was killed as a result of the accident. His passenger ended up being taken to an area hospital with injuries that have been described as serious. The driver and two passengers in the other vehicle sustained moderate injuries and were also taken to an area hospital. The current conditions of the injured parties are not known.
It is not believed that alcohol played a factor in the crash, but in accordance with procedure, toxicology samples were taken and sent for analysis as the investigation continues. Those that were injured in the car wreck have the right to file personal injury claims against the estate of the deceased driver. Expenses such as medical bills and lost wages have a tendency to add up quickly and may be reimbursed through a successful civil action.
1 Year Later, a Louisiana Family Remembers Fatal Car Wreck
On May 30, 3012, a vehicle containing family and friends on their way home from bible study was slammed into by a drunk driver. The car wreck ended up killing several of the occupants of the car that was hit and put two others on life support. The drunk driver is currently in prison.
The Louisiana driver had just turned 30 years old and had been out celebrating by drinking before he decided to get in his car and drive. That decision has destroyed not only the two families who lost loved ones that day, but also the family of the drunk driver. The damage was so significant that one of the women killed in the accident was not able to have an open casket at her funeral.
The driver was sentenced to a term of 70 years in a Louisiana prison with a possibility of parole after serving 35 years. That’s 10 years for each of the victims that died that night. However, shortly after Mother’s Day, the man’s petition to the court to have his sentence shortened was granted. Instead of 10 years per victim, the man will now be serving five years per victim and could be freed inside of 30 years.
The families of the victims of this senseless car wreck are less than pleased with a justice system they believe failed them and their loved ones. The family says it will continue to push for answers to their questions as to why the man seems to have gotten off easy for killing seven people. Both families may also exercise their civil remedies such as wrongful death claims and personal injury suits in an attempt to find some sort of peace or closure.