On July 27, 2014, a woman was killed in Louisiana when she was struck by an all-terrain vehicle (ATV) on the streets of New Orleans. Three people faced criminal charges in connection with the fatal accident. The impending trail for two of them is currently set for April 11. The man who was driving the ATV that hit the victim was recently sentenced in connection with a plea deal. [Read more…] about ATV driver sentenced in July 2014 fatal accident
Wrongful Death
Man Arrested in Connection With Fatal Pedestrian Accident
Police were called to the scene of a hit-and-run accident involving a woman who was crossing the intersection of Canal Street and N Gayoso Street. She was still alive when emergency personnel rushed her to an area hospital. Unfortunately, the efforts of medical personnel were in vain, and the 50-year-old woman succumbed to the injuries she suffered in the accident sometime later.
Officers with the New Orleans Police Department tracked the vehicle believed to be involved in the accident to the parking lot of a mall several blocks away. A 38-year-old man suspected of driving the car was tested to determine whether he was impaired. His blood alcohol level was determined to be .172, which is well above the legal limit of .08 here in Louisiana.
He was booked into jail on suspicion of vehicular homicide. The victim’s family may also file a wrongful death claim against the man. Any conviction secured by prosecutors could be used as evidence of negligence in the civil claim. If he is found to be at fault in the woman’s death by the court, the family could be awarded damages consistent with those ordered in other fatal pedestrian accident cases.
Child Sports Injuries
The problem with children and sports is so acute that children between the ages of 5-14 account for about 40 percent of all sports-related injuries treated in hospitals. While death from a sports-related injury is thankfully rare, the leading cause of the deaths that do occur are brain-related injuries, while sports account for more than one out of every five incidents of traumatic brain injuries among children in that age group.
Children’s sports injuries vary widely in both severity and cost. While most sports injuries are strains and sprains, a significant number are more serious. For example, according to one study, nearly 100,000 children between the ages of 8 and 13 are admitted to emergency rooms every year with concussions and half of those are related to organized sports. Also, about 40 percent of all traumatic brain injuries suffered by children are linked to participation in sports activities. On that rare occasion when a child dies participating in sports, TBIs are the number one cause.
There is also the potential for growth plate injuries to consider. The term “growth plate” refers to the developing tissue at the end of some bones in growing children and injuries to these areas can have a lasting and often permanent effect on a young athlete’s growth.
If your child was injured during the normal course of the sport they were involved in, it may be difficult to hold anyone else legally responsible, due to the doctrine of “assumption of the risk,” which means that willing participants assumed the inherent risks that come with playing the game. However, that doesn’t mean it’s not possible to hold a negligent party, like a school, a league or even an equipment manufacturer responsible, especially if the injuries were caused by something other than the game.
For instance, the facts of the case might make it possible to allege that your child’s injuries were caused by some other factor, such as:
- A coach who failed to take the same precautions during practice as during a game.
- Failure to monitor the health conditions of the players.
- Failure to properly supervise the players.
- Facilities had been improperly maintained, such as a field with holes in it from a storm or something either sticky or slippery on a court.
- A lack of sufficient available medical care.
- Sports equipment that was either defective or poorly maintained, or wholly inadequate.
In some cases, if the injury was incurred due to an intentional act by another player or another coach, there may be a cause of action directly against that player or coach. In some cases, their action may even constitute an assault.
If your child has been seriously injured while playing any type of sport, it is always a good idea to consult with an experienced personal injury attorney, like those at the Lee Hoffoss Injury Lawyers. It may be possible to file a third-party insurance claim to cover any damages your child suffers. Contact us right away to find out how we can protect your rights under the law.
Fatal Auto Accident Takes 2 Lives, Severely Injures Another
The two vehicles collided head-on just north of Covington. The woman driving the southbound vehicle and the 83-year-old man driving the northbound vehicle both died at the scene. The man’s wife survived the crash, but suffered severe injuries. She was flown to an area hospital and, at last report, remained hospitalized.
So far, investigators have not been able to explain what caused the woman to veer into the oncoming lane. Even so, it is not believed that impairment was a factor in the accident. Furthermore, both drivers were wearing safety restraints at the time.
As the official investigation into this fatal auto accident continues, the deceased driver’s wife is fighting for her own life. She is likely entitled to pursue a wrongful death claim and personal injury claim against the other driver’s estate. If she successfully establishes negligence, a Louisiana court might award her damages that could help with the financial losses she is facing.
Speed Suspected to be a Factor in Fatal Accident on LA 3062
It can be easy to lose control of a vehicle at high speeds. Drivers have less time to react to a change in traffic, road or weather conditions. This is one reason why Louisiana’s law enforcement officials attempt to determine if speed was a factor in any fatal accident.
For example, a single vehicle crash recently occurred on Louisiana Highway 3062. The investigation at the scene revealed that at approximately 11:18 p.m. on a Saturday night, a car occupied by the 24-year-old driver and a 24-year-old passenger was heading east on the highway. As the vehicle neared U.S. Highway 79 Bypass, the driver somehow lost control of the vehicle.
The car then careened through the shoulder and off the road, where it flipped over before slamming into a tree. Both of the occupants suffered severe injuries in the impact, to which they succumbed. The investigation is ongoing. Troopers with the Louisiana State Police believe that speed might have contributed to this deadly crash. In addition, a toxicology sample was taken from the driver to determine whether impairment was a factor as well.
In the meantime, the family of the deceased passenger might exercise its right to file a wrongful death claim against the estate of the driver and any registered owner of the car involved. Surviving family members are not required to wait for the conclusion of the official investigation into this fatal accident to file such a claim. As long as the evidence presented by the family to the civil court establishes negligence on the part of the driver, an award of damages can be considered.
Recent Fatal Accident Might Have Been Preventable
The more that Louisiana residents drive, the greater the possibility is that they could become lax when it comes to their duty to their passengers and others on the roadways. Most people become comfortable with their driving abilities and may allow themselves to become distracted or to believe they can drive while impaired. Unfortunately, some of these drivers cause a serious or fatal accident that was preventable if only they had been paying attention or not gotten behind the wheel while impaired.
A warning about the failure to meet this duty was included in a recent report regarding an accident in which one person died and another suffered injuries. The Louisiana State Police are not yet sure whether impairment was a factor in the crash, but a blood sample taken from the driver was sent for analysis. Troopers are still investigating.
Preliminary reports, however, show that the vehicle was heading north on LA 308 in Lafourche Parish. The driver failed to negotiate a curve, which caused the vehicle to go through the intersection and hit a driveway at an angle. The angle of impact caused the car to become airborne and slam into two utility poles on the side of the vehicle where the passenger was sitting.
At some point during the crash, the driver was ejected from the vehicle. He suffered only moderate injuries, though his current condition is not known. The passenger initially survived the crash and was taken to a local hospital. During transport to University Medical Center in New Orleans, she succumbed to her injuries.
The deceased passenger’s family retains the right to file a wrongful death claim against the driver. Successfully establishing that his negligent actions caused or substantially contributed to the death of their loved one could result in the consideration of a monetary judgment by the court. The family could use any restitution received to defray the financial losses incurred because of this fatal accident.