The Louisiana State Police are investigating an accident that occurred on Louisiana Highway 445. Three people were injured as a result of the car wreck. One driver was given a breath test, which he failed.
The accident occurred when a driver attempted to make a left-hand turn right in front of another vehicle. The oncoming vehicle was occupied by a mother and her two children. None of the three was properly restrained, and the children suffered serious injuries. The three are still in the hospital.
It is not known whether the other driver was injured. However, the evidence suggests his blood alcohol level at the time of the accident was higher than the legal limit. The driver has subsequently been charged with driving while intoxicated, second offense. He is also facing other charges in connection with this accident. The Louisiana State Police are also considering charging the mother of the two children since neither she nor the children were properly restrained during the accident.
Even though the fact that she and the children weren’t wearing seat belts may play a role in any litigation stemming from accident, the mother still retains the right to file a personal injury claim against the other driver involved in this car wreck. If it can be proved that his actions and negligence caused or contributed to the injuries of the mother and her two children, a court will consider claims for damages suffered by the mother and children. Costs such as medical bills and lost wages add up quickly after a serious accident and can financially devastate a family. These expenses are potentially recoverable in a civil action, along with other damages that may be awarded by the court under our state laws.