The Louisiana State Police still isn’t sure what caused an accident on the fairly new flyover ramp from Causeway Boulevard onto Interstate 10. The family of the victim of the fatal accident says that there are safety concerns with the design of the ramp. They believe their loved one would have survived the crash if there had been better safety measures in place.
The victim and her partner were trying to sell a scooter and were taking the vehicle to an interested buyer. While the woman rode her scooter, her partner was following behind her in another vehicle. As the woman was negotiating the flyover ramp she somehow lost control and hit the side wall of the ramp.
When she did, she was thrown off of the scooter and over the wall of the ramp. She landed on the highway below — a drop of about 50 feet. Even though she was alive when her partner and a passing doctor managed to get to her, it was too late. According to her partner, the victim flew at least two to three feet into the air as she went over the wall. It is the family’s contention that if the wall had been built higher or if there was some sort of safety fence above the existing wall, she might be alive.
Under Louisiana law, the family of a fatal accident victim may file a wrongful death claim against any party or parties whose actions may have caused or contributed to the death of that person. Sometimes, that person is a company or governmental agency. In this case, even though the state Department of Transportation says the wall was built in accordance with industry standards and would not have been opened for use unless it had been deemed safe, a Louisiana court may end up being the ultimate judge of that.
Wrongful Death
Louisiana State Police Seeks Second Auto in Fatal Accident
Louisiana State Police have determined that a second vehicle was involved in a crash that killed a pedestrian. Troopers believe the second vehicle involved in this fatal accident is a Chevrolet, and that it could be either a passenger car or a sports utility vehicle. Anyone with information is asked to come forward.
The accident occurred just south of Louisiana 592. A 51-year-old pedestrian was standing in the left lane of U.S. 165 when a 58-year-old woman headed northbound in a Toyota Avalon struck him. As the Louisiana State Police were investigating the accident, they determined that a second vehicle had been involved. Troopers believe that vehicle has damage to its undercarriage and front bumper.
The pedestrian was pronounced dead at the scene. The driver of the Toyota was properly restrained and no injuries were reported. Even though the accident is still under investigation, alcohol is not believed to have been a factor in the accident, at least in so far as the driver of the vehicle that stopped at the scene of the accident
The family of the deceased pedestrian retains the right to file a wrongful death claim in connection with this fatal accident. The family may want to wait to file until the Louisiana State Police are able to locate the second driver to determine what role that vehicle played in the accident. At that point, the family will be in a better position to assess the potential liability of both drivers for the fatal accident. In addition, since the investigation is still ongoing, it is not yet known what charges, if any, may be filed in connection with the accident. Knowing the outcome of the official investigation can help the family determine their rights under our state laws as they struggle to come to terms with the tragedy and its aftermath.
Louisiana Driver Allegedly Fell Asleep and Caused Fatal Accident
Louisiana State Police are investigating a head on collision that happened on US 290 near the town of Ragley. According to reports, a man fell asleep behind the wheel of his car and caused the fatal accident. One woman was killed and two others were sent to the hospital with moderate injuries.
The accident occurred when the driver of a Honda Accord apparently fell asleep and drifted into on-coming traffic, right into the path of a Mazda 3. The collision resulted in the death of the Mazda’s 71-year-old female passenger. The driver of the Mazda, also 71 years of age, suffered moderate injuries and was transported to the hospital. His updated medical condition was not reported.
The Honda driver was also taken to the hospital with moderate injuries. His current condition is also unknown. The Louisiana State Police have charged the driver of the Honda with driving left of center. However, they are still investigating the accident. Toxicology samples from both drivers have been taken.
The driver of the Mazda and the family of the passenger retain the right to file a personal injury claim and wrongful death action in connection with this fatal accident. Medical expenses, funeral costs, lost wages, and other expenses are potentially recoverable in a civil action where evidence documents the negligence of another party. If they are able to prove that the driver of the Honda was negligent in a manner that proximately caused the fatal accident, a Louisiana court will consider their damage claims. Granted, nothing can change what has already occurred or heal physical or psychological injuries, but successfully prosecuted legal claims may help the family recover from the unavoidable financial impact of this accident.
Louisiana Police Seek Driver in Hit-and-Run Car Wreck
Most Louisiana drivers do the best they can to follow the rules of the road and remain vigilant while driving. After all, no one wants to have an accident, but when accidents do happen, most people are responsible enough to stop. However, that wasn’t the case with a recent hit-and-run car wreck that killed a man on a bicycle.
Louisiana State Police are trying to find the driver of a Mazda 626 that they believe struck the bicycle rider. Authorities say that the wreck occurred when the Mazda collided with the right front corner of the bicycle, knocking the man off. The bicycle rider was not wearing a helmet and was pronounced dead at the scene.
The Mazda was found abandoned in a parking lot not far from the scene of the accident. The State Police Crime Lab is collecting evidence from the vehicle in an attempt to identify its driver. Meanwhile, investigators are piecing together the accident. State Police are asking anyone with information to contact them.
While the authorities do what they can to find the driver of the Mazda that was involved in this fatal car wreck, the bicycle rider’s family is left to deal with both his loss and uncertainty about what happened. When authorities find the driver of the Mazda, that driver will most likely be subject to criminal charges. What those charges will be is unknown at this time. In addition to criminal charges, the victim’s family retains the right to sue for wrongful death against any party whose negligence is deemed to have caused the fatality. Sadly, any attempt to prove the driver was negligent will not change what occurred, but a successful claim may provide the family with some sense of justice and restitution for monetary damages sustained.
Louisiana Police Officer Killed in Off-Duty Accident
Everyone in Louisiana knows that being a police officer can be a dangerous job. Every time an officer puts on a uniform and goes to work, he or she takes on a risk of being injured or killed. Most news stories about police officers being killed are when they are on the job. However, off-duty police officers are perhaps just as likely to be the victim of an accident, even a fatal accident, as the rest of the drivers on the road.
An off-duty Rosepine, Louisiana, police officer was killed in a traffic accident earlier this month. The officer was preparing to make a right-hand turn when another vehicle rear-ended him, causing the officer’s car to overturn. The officer wasn’t wearing a seat belt and was thrown from the vehicle. He was taken to Rapides Regional Medical Center in Alexandria, where he later died despite the efforts of medical personnel to save his life. The driver of the vehicle that collided with the officer was also not wearing a seat belt but did not suffer any injuries as a result of the accident.
As part of their initial investigation, Louisiana authorities have cited the driver for following too closely. The accident is still under investigation, and toxicology samples were also taken to determine whether impairment was a factor in the accident. Whether any further citations or charges will be filed remains to be seen.
In the meantime, the family of the officer is left to grieve their loss. At some point, the family may wish to assess whether they want to file a wrongful death action against the driver. Making that determination involves several factors, and the family may gain from seeking advice from a personal injury attorney regarding their decision. Although it is true that nothing can bring back a loved one who has died in a fatal accident, the family may often gain some sense of justice from civil action. There are also financial considerations when a loved one dies, such as medical and funeral expenses, based on proof of negligence by another party in the accident.
Police Find Driver Involved in Fatal Accident in Louisiana
Bicycles are a regular presence on the roadways in Louisiana. When a bicyclist gets on the road, they rely on motorists to pay attention and look for obstacles. However, bicycles are still at a higher risk of being involved in a fatal accident, and the reason that is often cited by drivers is that they just didn’t see the bicyclist.
Authorities were uncertain whether that was the case with one bicyclist who was struck by a car on July 7. The driver hit the cyclist then fled the scene of the accident. The cyclist was taken to Ochsner Hospital in New Orleans, where medical personnel attempted to save his life. However, despite their efforts, the cyclist died as a result of the serious injuries he suffered in the accident.
After an exhaustive investigation, Louisiana authorities were finally able to locate the driver who hit the cyclist. While they were diligently searching for the driver, the family of the cyclist was grieving. Losing a loved one is always difficult, but when they are stripped from a family through a sudden and seemingly senseless tragedy, the pain can be insurmountable. Waiting for word from authorities may have added to their frustration.
Finally knowing that the person said to be responsible for the accident that caused the death of their loved one has been identified by authorities may provide the family with some sense of comfort. Regardless of what happens with any criminal charges the driver may face, the family retains the right to file a wrongful death action against the driver to recoup the financial losses that families inevitably face in these situations. Medical and funeral expenses are just two examples of types of expenses that can be recovered in a successful wrongful death action, based upon proof of negligence by another party.