On Sunday, Nov. 3, five kids went for a ride on an ATV. Around 4:30 p.m., the ATV overturned as the driver attempted to turn left. Three of the five kids were thrown out of the ATV during the fatal accident.
One of the Louisiana teens fell part way out of the vehicle, and when it overturned, the teen was crushed underneath the vehicle and did not survive. Another teen suffered head trauma and was taken to a hospital, and his current condition was not reported. It is not known what injuries, if any, the other three occupants of the vehicle suffered.
The driver of the vehicle was only 13 years old and did not have a driver’s license. The ATV could also not be legally driven on city streets. The 45-year-old owner of the ATV was ticketed for allowing the teen to drive and contributing to his delinquency. The teen driver has been charged with unsafely operating a vehicle, reckless operation, negligent injury and negligent homicide.
Due to this fatal accident, the parents of the deceased teen will never have the chance to watch him grow. They certainly weren’t expecting to have to bury him or be prepared to pay for his funeral and burial. Under Louisiana law, the teen’s parents may seek financial remuneration for the loss of their son from the parents of the teen driver since he is a minor, as well as any separate owner of the ATV. The same applies to the seriously injured teen that suffered head injuries.
Wrongful Death
U.S. Hwy 167 in Louisiana Scene of Double Fatal Accident
Shortly before 9 p.m. on Sept. 28, Louisiana State Police from Troop F responded to U.S. Highway 167 near Louisiana Highway 15. When they arrived, they discovered a double fatal accident that involved only one vehicle. One of the vehicle’s occupants was still belted in, while the other had been thrown free of the vehicle at some point during the crash.
Louisiana State Police troopers have preliminarily determined that the vehicle was heading southbound on U.S. Highway 167. For an unknown reason, the car drifted off into the median twice before spinning and flipping. The flipping vehicle traveled all the way across the median and the northbound lanes until it finally came to a rest on the shoulder.
Fortunately, it does not appear that any other vehicles were involved in the crash. Both the driver, who was still buckled into the vehicle, and his passenger, who was thrown free, suffered fatal injuries. They were both pronounced dead at the scene.
It was not released whether there were any witnesses to the accident. If not, it could take some time for authorities to figure out what caused the accident. As party of the investigation, a toxicology sample may be taken from the driver to determine whether impairment was a factor in the crash. It could be more difficult to rule out factors such as speed, distracted driving or fatigue.
Having the results of the official investigation could help the family of the deceased passenger prove negligence on the part of the driver in this fatal accident. If the court agrees that the driver was negligent, the court may award the passenger’s family damages to be paid from the estate of the driver. In addition to being awarded any financial damages, the family may gain a sense of closure.
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.
Flat Tire Leads to Homicide Plea in Fatal Accident in Louisiana
A man was traveling north on U.S. 171 last April when he got flat tire on the Calcasieu River Bridge. At the same time, another vehicle was also traveling north on U.S. 171 heading toward the man and his disabled vehicle. The woman driving that car ended up slamming into the disabled car killing the man and his daughter who was only 13 years old at the time of the fatal accident.
Now, a little more than a year later, the woman driving the car has pleaded guilty to vehicular homicide and negligent injuring in connection with the deaths of the father and daughter. Louisiana authorities discovered that the woman had taken a number of drugs on the day of the accident. It is believed that due to this drug use, she was impaired when she struck the man’s car.
The entered her plea just a week before she was to go to trial. Her sentencing has been scheduled for July 26. It is not known whether the victims’ family will be present at that sentencing.
This fatal accident may serve as a reminder to Louisiana drivers just how fragile life is and how quickly things can change. This family didn’t only lose one member that day, but two. The young girl that was killed will never get a chance to grow up, and her family will never know the kind of woman she would have become. The victims’ family may be able to gain their own sense of justice by filing wrongful death claims against the woman who has now admitted to taking their lives.