A recent crash gave the Louisiana State Police the chance to remind motorists that they are required heed warning devices at railroad crossings and yield the right-of-way to trains. This may seem obvious to some readers, but fatal accident statistics from around the country often include vehicle vs. train crashes. Unfortunately, the state’s statistics for 2015 will include this crash in which three people died, including two 12-year-old girls.
Troopers with the Louisiana State Police report that a vehicle occupied by two adults and four children was heading north on Louisiana Highway 88. For some reason, the vehicle stopped on the railroad tracks. At the same time, an eastbound Amtrak train rapidly approached the intersection and struck the vehicle.
The vehicle’s driver, a 70-year-old woman, died in the crash along with the two preteen girls. Also in the vehicle were two boys and a 49-year-old man. All three of them survived the crash, but they suffered critical injuries. Their current conditions are not known.
The two adults share a last name, but at last report, police were unable to determine if or how they were related. No one on the passenger train was injured, and it resumed its trip at around 8:45 p.m. Authorities do not suspect impairment as a contributing factor, but they are continuing to investigate the accident.
As the investigation into this fatal accident continues, the families of the two deceased girls and the injured parties may also end up conducting their own investigations as part of civil actions. In order to prove negligence, it will be necessary to provide the court with evidence that establishes it. Successfully doing so could result in an award of damages.
Wrongful Death
Louisiana Highway 17 Scene of Fatal Accident, Alcohol Suspected
Most Louisiana readers are already aware that accidents involving alcohol or drug use on the part of the drivers believed to be responsible are some of the most preventable on the state’s roadways. This is one of many factors that often elevates any charges filed in these crashes to homicide by vehicle. Suspicion by law enforcement officials in a recent fatal accident that the driver was intoxicated could account for the fact that he was booked into jail for vehicular homicide and other charges.
The Louisiana State Police responded to the scene of the single-car crash on Louisiana Highway 17 at around 1:15 a.m. Upon arrival, it was discovered that the passenger in the vehicle, a 57-year-old woman, suffered severe injuries in the impact to which she succumbed at the scene. Preliminary reports show that the driver somehow lost control of the vehicle as it traveled south.
The vehicle went off the highway, flipped over and landed on its roof in a ditch full of water. It is not known whether the driver suffered any injuries for which he received treatment prior to being taken to the West Caroll Parish Jail. As part of the ongoing investigation, a toxicology sample was taken from the driver.
The results of that test may be useful in any wrongful death claim filed by the deceased woman’s family. Proof of negligence is required before a court will consider awarding any damages sought. Therefore, successfully establishing that the death of their loved one was caused by the negligence of the driver could result in an award of damages seen in similar fatal accident cases.
Fatal Accident Deaths Down in Louisiana
The Louisiana Department of Transportation and Development tracks the number of fatal accidents and deaths that occur on the state’s roads. Researchers at the Louisiana State University gathered information from those reports. The good news is that the risk of being involved in a fatal accident here has dropped.
The data indicates that in 2007, there were 900 deadly crashes, and in 2008, there were 916. By 2013, the number dropped to 651, and in 2014, the number went up to 737. Overall, the number of fatal wrecks here in Louisiana dropped 28 percent, and the number of deaths has decreased by 20 percent.
Even though any reduction in deaths on Louisiana’s roadways is encouraging, the numbers are still higher than the national average. Nearly 42 percent of fatal crashes in these figures involve alcohol, and no less than 27 percent included speeding as a factor (according to the National Highway Traffic Safety Administration). Furthermore, it is alarming to know that distracted drivers are outpacing aggressive and drunk drivers when it comes to causing these crashes.
Regardless of the fact that the numbers are declining, far too many people still die in deadly wrecks across the state. Families who have lost loved ones in a fatal accident retain the right to file a wrongful death claim against the party or parties deemed responsible. Proving negligence could result in a monetary judgment to help defray the costs of the financial losses incurred as a result. In addition, surviving family members will never get back the loved one they lost, but they could receive some justice and closure at the end of a successfully litigated claim.
Driver Arrested in Fatal Car Accident, Alcohol Suspected
Repeat offenders are responsible for a significant number of drunk driving accidents. When Louisiana State Police troopers looked into the background of a driver recently arrested in connection with a fatal car accident, they discovered that the man was convicted three previous times for driving under the influence. The first time, he went through a diversionary program at the age of 18. The second time, he was also underage and pleaded to a misdemeanor for which he was sentenced to 32 hours of community service and six months’ probation. No information regarding the third incident was available.
The man, who is now 27 years old, is suspected of being impaired when he recently ran a stop sign on westbound La. 620 at La. 983 at approximately 5 a.m. The driver of a pickup truck on La. 983 was unable to avoid colliding with the man’s car. After the impact, the allegedly intoxicated driver fled the scene. A brief search resulted in his arrest about a half mile away in a cane field.
The 53-year-old driver of the pickup did not survive the crash. Even though it is not believed that the victim was impaired, a routine toxicology test is being processed. A sample was also taken from the accused driver for testing. He faces charges including vehicular homicide and a fourth DUI and felony hit-and-run, among others.
The victim’s family may separately exercise its right to file a wrongful death claim against him. If he is found guilty of a crime in connection with this fatal car accident, proof of the conviction may be used as evidence of negligence in a Louisiana civil court. Successfully litigating such a claim could result in an award of damages.
Troopers Say Reckless Driving Leads to Fatal Accident on I-10
The driver of an 18-wheeler died in a recent crash on westbound Interstate 10. The Louisiana State Police report that this fatal accident, which involved the pickup truck and two semi-trucks, was the result of reckless driving. The driver believed responsible fled the scene, but was recently located in a neighboring state.
The 26-year-old truck driver that died was traveling west on I-10, next to another semi-truck. A pickup truck attempted to pass both trucks on the shoulder. In order to avoid slamming into the guardrail, the pickup driver suddenly swerved back into the lanes of the roadway and struck the left front of the big rig in the right lane. That impact caused the truck in the right lane to hit the truck in the left lane.
The truck in the left lane was thrown through and over the concrete barrier and down into Pearl River. The driver succumbed to the injuries he suffered in the crash before emergency personnel could get to him. The 25-year-old driver of the pickup truck believed responsible for the accident did not remain at the scene. He was later apprehended in Mississippi and faces numerous felony charges, including negligent homicide, here in Louisiana.
Reports indicate that he will be extradited from Mississippi soon. Not only does the driver face criminal charges in connection with this fatal accident, but he may also face civil actions from the family of the deceased truck driver and possibly the other truck driver. If negligence is proved, the court may award damages that could supplement applicable workers’ compensation benefits.
Impairment Not Suspected in Fatal Accident Involving 2 Vehicles
Normal procedure in any accident in Louisiana in which there is a fatality is to determine whether either driver was impaired. This is a necessary part of the investigation into any fatal accident that takes place here in the state. Sadly, even if neither driver was intoxicated or using drugs at the time of the crash, it does not change the fact that someone lost his or her life.
Impairment was dismissed as a factor in a recent crash involving a car and a motorcycle. According to the Louisiana State Police, the 38-year-old driver suspected of being at fault voluntarily took a breath test, which indicated that he had not been drinking. Therefore, troopers are still attempting to ascertain what led to the crash that killed the motorcycle rider.
Preliminary reports indicate that the motorcycle rider was traveling east on Airline Highway in St. Charles Parish. As the 47-year-old man approached an intersection, the car pulled out into his path. The rider laid down the motorcycle in an attempt to avoid a collision.
Instead, he and his bike crashed into the driver’s side of the car. His helmet was not nearly enough to save his life — he died at the scene. The driver of the car did not suffer any injuries.
Even though the car driver was not impaired, his actions may still be ruled as negligent by a civil court in any wrongful death claim filed by the family of the motorcycle rider. Successfully proving that their loved one’s death was due to the negligence of another could result in an award of monetary damages. No amount of money will erase the results of this fatal accident, but it may help the family deal with the financial burdens it created.