All drivers have a duty to exercise care and control while on Louisiana’s roadways. Truck drivers have the same duty, but due to the size and weight of 18-wheelers, their need to exercise caution may be considered even greater. This is due, at least in part, to the fact that in a truck accident, the damage to both people and property can be immeasurably worse.
A truck driver traveling the roads of Louisiana found this out the hard way. As the trucker traveled south on U.S. Highway 425, he approached a curve. As he negotiated the curve, his tractor trailer drifted into the opposing lane of traffic.
Unfortunately, there was a vehicle in the northbound lane at the time. The truck slammed into the pickup truck. The 61-year-old man in that vehicle suffered fatal injuries to which he succumbed at the scene.
The Louisiana State Police is handling the investigation into this crash. So far, the 71-year-old truck driver has only been cited for careless operation. It is not known whether additional charges are being contemplated.
While authorities finish their investigation, the family of the pickup truck driver is undoubtedly attempting to adjust to life without him. Numerous unexpected expenses, along with the loss of his income, are only two of the ways his death will affect them. Fortunately, they retain the right to file a wrongful death claim in connection with this truck accident. Both the driver and his employer may be found liable for damages if the family successfully proves negligence on the driver’s part.
Truck Accidents
Driver Fatigue Can Cause an 18-Wheeler Accident
Sharing Louisiana roadways with semi-trucks can make many drivers nervous under the best of circumstances. When a truck driver is overtired, he or she puts everyone on the road at risk of an 18-wheeler accident. Injuries suffered in these crashes are often more serious than those between passenger vehicles and frequently result in fatalities.
The demands of the trucking industry often compels drivers to push themselves beyond what is considered reasonable by federal and Louisiana law. Some drivers fail to take the rest breaks they are required to take and may take stimulants in an attempt to stay alert. In either case, the driver’s capacity to control his or her vehicle is diminished.
Every truck driver is required to keep a logbook. Rest breaks, driving time and fuel receipts are just some of the information contained in the logbook. If a trucker is driving for longer than he or she should, it is possible that the logbook may be falsified.
A review of this logbook could reveal important evidence in any civil action filed as the result of an accident involving a fatigued driver. Any discrepancies found could point to the fact that the driver was negligent. Proving negligence is required in order to recover damages in a wrongful death or personal injury claim.
If you or a family member was involved in an 18-wheeler accident, and it is suspected that the driver was tired and/or taking stimulants, it is important to consult with an attorney as soon as possible in order to gather the evidence required to prove negligence. Moreover, the driver’s employer may also be joined in the claim based on the legal theory of respondeat superior wherein an employer can be held liable for the actions of the driver. A successfully litigated claim may lead to an award of damages that could help defray the financial losses typically seen in these accidents.
Louisiana Authorities Work to Determine Cause of Truck Accident
Sometimes determining the cause of an accident is more difficult than other times. Investigators are left with pieces of a puzzle that they have to work backwards to put together. A motorcycle vs. truck accident that took place on Feb. 27 on a Louisiana expressway presents this type of challenge to investigators.
Police responded to a call of an accident at around 9:30 p.m. on that Thursday night. Upon arrival, they discovered a man lying on the street. Emergency personnel were unable to revive the man who apparently succumbed to fatal injuries received in an accident.
Preliminary reports indicate that a tractor-trailer and motorcycle were headed the same direction on the Westbank Expressway through Gretna. Somehow, the motorcycle ended up underneath the trailer, which rolled over the motorcycle killing its rider. Police do not yet know how this happened.
Whether any charges are being considered in this crash is not yet known. Until the investigation is complete, that information may not be released. Additionally, the identity of the victim was not revealed at last report since authorities had not yet contacted his next of kin to inform them of his sudden death.
This man’s family may have more questions than answers in the days and weeks ahead, which may only exacerbate their grief. As time passes, the family may exercise its right under Louisiana law to file a wrongful death claim against the party or parties deemed responsible for the victim’s death. The details gathered by authorities in this unfortunate truck accident may be useful in proving negligence in this case, which could lead the court to award the family damages that could lessen the financial burden placed on it due to the passing of the victim.
Multiple 18-Wheeler Accident Causes Chaos on Louisiana Bridge
It took law enforcement officials and crews from two states to investigate and clean up a crash that occurred on the Louisiana side of a bridge on Interstate 20. During the multiple 18-wheeler accident, a truck carrying sodium hydroxide was rear-ended. The flammable and corrosive liquid began leaking into the river, requiring a response from hazardous material teams.
At first, authorities believed the chemical leaking into the river was chloropropionic acid. The acid is a chemical used in the pharmaceutical and agricultural industries. It was not until later that officials properly identified the chemical.
The initial accident involved six semi-trucks on the Mississippi River Bridge. Additional collisions occurred afterward. Reports indicate that several vehicles were involved in addition to the trucks. Numerous injuries were reported, but fortunately, no fatalities occurred in any of those accidents.
Louisiana State Police did not reveal whether they know how the initial accident among the semi-trucks happened. It could take some time to sort out the details of not only the initial accident, but also the collisions that subsequently occurred. The nature and extent of the injuries suffered in the crashes were not reported.
In accordance with Louisiana law, many of the injured may be entitled to file personal injury claims seeking damages for the injuries suffered in connection with this 18-wheeler accident. The challenge could be to determine which driver or drivers may be deemed financially responsible. In these cases, police reports could prove useful in seeking to establish liability. If negligence is proved, a civil court may consider an award of damages to cover medical costs, lost wages and pain and suffering.
Hit-and-run Car Accidents High in Louisiana's Big Easy
The number of fatal hit-and-runs hovers at around four percent nationwide. In Louisiana, that percentage is slightly higher. In the Big Easy, the number of fatal hit-and-run car accidents is at an alarmingly high 18 percent. Some people blame the city’s nightlife or simple panic while others say that it’s because the penalties are more lenient for hit-and-run vs. drunk driving.
Whatever the reason, hit-and-run drivers could possibly be ensuring that the person they hit will die. If that driver had stopped, rendered aid or even simply called 911, emergency medical care could have saved the victim’s life. At any rate, the families of these victims will never know.
The New Orleans Police Department says that over 30 percent of the fatal accidents in the city involve alcohol. Drunk drivers who are the cause of a fatal wreck often face vehicular homicide charges which carry a minimum sentence of five years with a maximum of 30 years. If a drunk driver flees the scene and sobers up before being apprehended, that driver may only face hit-and-run charges which do not have a minimum sentence and the maximum is only 10 years. Even if a driver is convicted of negligent homicide in connection with that crime, the maximum is only a total of 15 years, and there is still no minimum sentence. The system almost encourages drunk drivers to leave the scene.
When families lose loved ones in hit-and-run car accidents, they may also turn to the civil courts to pursue ms for justice. Under Louisiana law, the family of a fatal accident victim may file a wrongful death claim seeking monetary compensation – based on evidence of negligence by another party –for the costs and damages associated with the family’s loss. The money won’t change what happened, but it may give the family some sense of peace that they were able to gain a little justice on their own.
Louisiana Man Killed in Multiple Car and Truck Accident
Interstate 12 East through southern Louisiana became the site of a fiery crash that took the life of one man recently. The truck accident ultimately involved three vehicles – a car, a van and an 18-wheeler. Police are still attempting to determine exactly what happened.
The Louisiana man that died in the 1 a.m. accident drove a Cadillac Seville and suffered such severe injuries that he did not survive long enough to be taken to a hospital. Instead, he was pronounced dead at the scene. The Ford Econoline van contained at least four occupants that required medical attention for minor injuries. It is not known whether the driver of the 18-wheeler was injured.
The truck was hauling an empty box cargo trailer. For some reason, the tractor trailer caught on fire as the result of the accident. It was not reported if the fire contributed to the death of the driver of the car. The roadway was closed to traffic for more than seven hours following the accident.
As police sort out the details of the accident and attempt to determine who was ultimately responsible for this tragic truck accident, the family of the deceased man is forced to bury him prematurely. Should it turn out that another party is deemed responsible for the accident, his family has the right to pursue a wrongful death claim. If the family successfully documents that someone else negligently caused or contributed to his death, the court may award the costs and other damages sustained as the result of his death.