It does not matter whether a Louisiana resident drives a car, pickup truck or van, the vehicle can be a deadly weapon if not operated with the utmost care. A driver must pay attention and maintain control of his or her vehicle, which cannot be done if that person is under the influence of alcohol or drugs. When an individual gets behind the wheel of a vehicle after drinking or taking drugs, that driver increases the probability of a serious or fatal car accident.
Troopers who responded to a car accident on Louisiana 35 suspected that the driver believed responsible for the crash was impaired. The 24-year-old man robbed a 34-year-old woman of her life as he attempted to pass her car. Both vehicles were heading north at the time. As the man made his move to pass, he crashed into the woman’s vehicle.
The impact sent her car off the road, where it slammed into a telephone pole. The woman’s seat belt was not enough to save her from suffering critical injuries. She was transported to an area hospital, but her injuries were too severe, and she died. A breath test administered at the scene indicated the man’s blood alcohol level was above the legal limit, and the Louisiana State Police Crime Lab is analyzing a sample of his blood to verify that test. He faces several charges, including reckless operation and vehicular homicide.
If prosecutors secure a conviction on a crime related to this fatal car accident, the woman’s family members may use it as evidence in a civil court action to help establish negligence. Successfully proving to the court that their loved one died as a result of the negligence of another could result in an award of damages. Any compensation received will not bring back the victim, but it might help the family’s financial situation.
Wrongful Death
Louisiana Woman Arrested After Fatal Accident Involving Bicyclist
Like pedestrians, Louisiana bicycle riders are often forced to share the roadways with cars, trucks and motorcycles. This puts them at risk of being struck by one of these heavier, faster moving vehicles. An error on the part of a driver could cause a serious or fatal accident in which the rider of the bicycle is the victim.
Recently, a bicyclist was riding south along a Louisiana street at approximately 2:10 p.m. on a Friday afternoon. A vehicle heading the same direction struck the man. He initially survived the crash and was transported by emergency personnel to a hospital in the area. Tragically, the injuries he suffered in the accident were too severe, and he ultimately succumbed to them.
Making matters worse is the fact that the 48-year-old woman driving the vehicle that hit him was not even supposed to be driving since her license was suspended at the time. Thus far, she has been charged with driving without a license and careless driving. The investigation into the incident is ongoing, and officials report that more charges may be forthcoming. At this time, however, it is not believed that impairment was a factor. Nevertheless, the Louisiana State Police Crime Lab is conducting toxicology tests to verify this belief.
In the meantime, the family members of the victim may file a wrongful death claim against the driver seeking restitution for the loss of their loved one. Providing the court with sufficient evidence that their family member’s death was caused by the negligence of the driver could lead to the consideration of an award of damages. Those damages will not bring back their loved one, but they could defray the impact of the financial losses that often accompany a fatal accident.
Police Search for Cause of Fatal Accident on Louisiana Hwy 10
Police often resort to using the process of elimination in order to determine the cause of a crash. This appears to be the case in a fatal crash that recently occurred in the Louisiana Highway 10 accident. So far, speed has been ruled out as a cause, and toxicology samples were sent to the Louisiana State Police Crime Lab for analysis to determine whether impairment was a factor.
In the meantime, police will most likely continue to eliminate other factors that may have led to the crash. At this time, preliminary reports indicate that the vehicle was traveling east on Louisiana Highway 10 at approximately 9:30 p.m. on a recent Sunday. The driver and one passenger occupied it.
At a left curve in the roadway, the driver apparently lost control of the car. It went off the right side of the road. When it hit a culvert there, the car then rolled into a fence post, hit a tree and caught fire.
Neither man survived the crash. A representative from the Tangipahoa Parish Coroner’s Office arrived at the scene and pronounced both men dead. The wreckage was too badly burned to determine at the crash site whether the men were properly restrained during the crash.
Since the driver also died in the crash, no criminal charges will be filed. However, surviving family members of the deceased passenger retain the right to file a wrongful death claim against the estate of the driver and any separate vehicle owner. Proving his negligence to the satisfaction of the court could result in an award of damages typically seen in fatal accident cases.
Driver in Fatal Accident to be Taken into Custody After Treatment
Most Louisiana drivers are aware that speed and alcohol do not mix. Unfortunately, that does not keep some people from getting behind the wheel of a car after drinking too much. Those drivers are flirting with disaster and drastically increasing the chance of causing a serious or fatal accident.
Louisiana State Police troopers say that a combination of speed and alcohol led to a single-vehicle crash that occurred on LA 415 around 11 p.m. As the driver sped north on the highway with his two passengers, he lost control of it. The car finally came to rest on an embankment, but with one less passenger in it.
During the crash, one of the passengers, a 38-year-old woman, was ejected. Emergency personnel got her to a hospital, but it was too late. She died from her injuries. The driver, a 32-year-old man, and the other passenger, a 35-year-old man, fled the scene — leaving the woman to die.
They were located and brought back to the location of the accident. The driver was placed under arrest, but was first taken to the hospital because he suffered minor injuries. Once treated, he was booked into the West Baton Rouge Parish Prison on suspicion of DWI, homicide by vehicle and other charges.
The family of the deceased passenger may exercise its right to file a wrongful death claim, apart from the pending criminal proceedings against the driver. If her family is able to prove to a civilthat her death was the result of the driver’s negligence, a Louisiana court may consider awarding damages. A monetary judgment will not bring back a lost family member, but it could help with the financial losses that accompany a fatal accident.
Fatal Accident on I-10 Eastbound End the Life of a Louisiana Woman
A woman who championed the efforts of Louisiana law enforcement officers recently died in a crash on Interstate 10. The organization she founded, Louisiana Law Enforcement Support, started a fund to help her family. The fatal accident that took her life remains under investigation, and charges are pending against the party believed to be responsible.
Preliminary reports regarding the crash show that traffic on the eastbound side of the Interstate near mile marker 134 had come to a stop due to an accident up ahead. A truck traveling in the right lane failed to slow as it approached the stopped traffic. The driver veered into the left lane to avoid hitting another vehicle. Unfortunately, the truck rammed into the back of the vehicle driven by the 33-year-old woman.
The devastation did not stop there. The truck pushed the car into another vehicle. That vehicle then hit a vehicle in the right lane while the truck continued to push the car into a semi-truck.
The woman died at the scene. The 33-year-old driver of the first vehicle struck by the victim’s car was pushed into suffered minor injuries. The 57-year-old driver from Texas that police believe initiated the crash only suffered minor injuries as well.
Regardless of what criminal charges may be filed, if any, the family of the victim retains the right to file a wrongful death claim to pursue restitution for their financial losses. Proving negligence in a civil lawsuit does not require that the same high level or proof required in a criminal proceeding. Rather, the measure of proof is referred to as a preponderance of the evidence. If a Louisiana civil court judge determines that the negligence of another caused the fatal accident that stole the victim from her family, monetary damages could be awarded.
Fatal Accident Began With Engine Trouble and a Good Samaritan
Experiencing engine trouble on the highway can be a harrowing experience. Many Louisiana drivers consider themselves to be relatively safe once they are out of the lanes of travel and onto the shoulder. In some cases, that turns out to be a false sense of security due to the continued risk of becoming involved in a serious or fatal accident.
Recently, a 49-year-old woman managed to maneuver her vehicle onto the shoulder of U.S. Highway 65 after the car began experiencing engine trouble. A 54-year-old man on a motorcycle was kind enough to pull over to help. He parked in front of the woman’s car. The two of them were standing at the front of the car when a pickup truck driven by a 64-year-old man crashed into the back of it.
The two pedestrians were moderately injured in the crash. Sadly, there was a passenger in the woman’s car at the time of the accident. The 64-year-old man suffered severe injuries. Emergency medical personnel determined that his injuries were life-threatening and called for a helicopter to take him to River Region Medical Center in Vicksburg, Mississippi, where succumbed to his injuries.
The investigation into this fatal accident is ongoing. In the meantime, the injured victims are most likely recovering from their injuries, and the family of the deceased passenger is burying their loved one. They also retain the right to file civil claims against the driver of the pickup truck, seeking restitution for the financial damages incurred in the aftermath of the crash. Establishing negligence on his part by appropriate proof could result in a Louisiana court awarding damages.