During the summer months, there seem to be more motorcycles on Louisiana’s roadways. With that increase in riders comes a corresponding increase in the possibility of a serious or fatal motorcycle accident. Recently, a 21-year-old man lost his life in an accident while he was a passenger on the back of a motorcycle.
He and the 18-year-old driver were heading west on Louisiana 46. At the same time, a pickup truck driven by a 27-year-old man was heading east. At an intersection, the pickup initiated a left turn in front of the motorcycle. At approximately 9:15 p.m., the motorcycle collided with the pickup.
Both of the men were thrown off the motorcycle. When emergency medical personnel arrived at the scene, both the driver and passenger were still alive, but had suffered serious injuries. Both were rushed to LSU Interim Hospital in New Orleans for treatment. At last report, the driver remained in critical condition. His passenger, however, died from his injuries.
The pickup driver was tested for impairment, but troopers with the Louisiana State Police do not believe it to be a factor in the crash. The riders were not wearing helmets and, reportedly, the motorcycle’s lights were not on when the crash occurred. It is not known whether any charges are being contemplated against either driver in connection with the crash or the passenger’s death.
Regardless, the family of the passenger killed in this fatal motorcycle accident may file a wrongful death claim against one or both drivers in an attempt to achieve restitution for the financial losses incurred because of the loss of their loved one. Moreover, the motorcycle’s driver may be able receive some restitution for his injuries as well. Even if he is found partially liable for the crash and his injuries, he is not barred from recovery under Louisiana law so long as he is not found to be 100 percent responsible.
Wrongful Death
Police Search for Driver in Fatal Accident Involving Bicyclist
Even though it is legal for bicycles to share the roads with motorized vehicles, the danger to riders is always a concern. Louisiana bicyclists often suffer serious and even deadly injuries if they are involved in a motor vehicle accident. Occasionally, a driver fails to stop after hitting a bicycle rider, and the victim’s family is left wondering whether a fatal accident would have been survivable if the rider had received emergency medical treatment.
Friends and family may be asking this question in connection with the death of a local artist in the Big Easy. Police say that the rider was hit and left for dead. By the time emergency responders arrived at the scene, it was too late to save his life. Now, officials have released a photograph of a vehicle believed to be the same make and model that was involved in the crash.
New Orleans police expect the vehicle to have damage to the front passenger side that is most likely significant. While police search for the vehicle and driver responsible for the man’s death, a memorial “ghost bike” was placed by the victim’s friends at the intersection where the accident occurred. His girlfriend hopes that his death will increase awareness of bicycle riders and urges drivers to stop if one is hit.
The artist’s family retains the right to file a wrongful death claim against the driver police believe is responsible or this fatal accident, once he or she is apprehended. If a Louisiana court rules that the man’s death was due to the negligence of that individual, the family might receive a judgment for the monetary damages it sustained in the aftermath of his death. Such an award could help defray their financial losses and perhaps provide some sense of closure regarding the tragedy.
2 Drivers Arrested in Fatal Pedestrian Accident
Back in March, a Louisiana woman was killed after being struck by not just one, but two vehicles. Both drivers involved in this fatal pedestrian accident failed to remain at the scene. It was only recently that police apprehended the two drivers believed to be involved in this tragedy.
Early on the morning of March 13, the 33-year-old victim was walking along Highway 182. Evidence at the scene indicated that she was hit first by a Dodge Ram pickup truck, whose driver then fled the scene. A second vehicle then struck her, and that driver fled as well.
Troopers with the Louisiana State Police apparently located evidence at the scene that was consistent with a Dodge Ram pickup truck. This evidence, along with leads and tips from the public, led them to a 46-year-old man. Investigators concluded that he was the driver of the Dodge Ram that struck the victim. He was taken into custody and faces charges of obstruction of justice and hit and run. His bond was set at $250,000 and was released after meeting its terms.
The second driver was a 25-year-old woman. After being taken into custody and charge with hit and run, the woman was released on $5,000 bond. Investigators did not indicate whether the woman might have lived if either driver had stopped.
Her family may never get that answer, but they may be able to file a wrongful death claim against the drivers involved. If the court determines that one or both drivers were negligent in a manner that caused or contributed to the fatality, it may then consider awarding the family monetary damages against any party found liable, consistent with other fatal pedestrian accident cases. A monetary judgment could provide the family with financial restitution for the losses incurred in this tragedy.
Louisiana Man Ejected in Fatal Auto Accident
In addition to campaigns regarding driving drunk and texting while driving, law enforcement agencies here in Louisiana do what they can to remind everyone of the importance of buckling up. Each year, several people lose their lives when they are thrown out of a vehicle during a crash. This can cause what could have been a survivable accident for all of a vehicle’s occupants to become a fatal auto accident.
The Louisiana State Police recently reported that the passenger in a single-vehicle accident was ejected during a crash. Somehow, the driver of the car, a 27-year-old woman, failed to negotiate a curve. The vehicle left the roadway, careened into a ditch and flipped. No further details regarding the wreck — such as whether the driver was impaired and/or speeding — were released.
Despite initially surviving being thrown from the vehicle, the 36-year-old man died from the injuries he suffered in the incident shortly after being taken to a hospital in the area. The driver suffered only minor injuries. However, that may be where her good fortune ends. Police took her into custody and booked her into the Lafourche Parish Jail on suspicion of careless operation and vehicular homicide.
In addition to any criminal proceedings that result from this fatal auto accident, she could also face a wrongful death claim from the victim’s family. Regardless of whether the victim was not properly restrained, the driver owed him a duty of care. If the court agrees that she breached that duty through some negligent act, a monetary judgment may be entered by the court in favor of the family, which could be reduced by any percentage of liability assigned to the deceased man by the court.
Driver Could Face Additional Charges in Fatal Car Accident
During a preliminary investigation, a driver can be cited with one traffic violation, but as the investigation progresses, additional citations and/or charges may be filed depending on the circumstances. The Louisiana State Police, or another local law enforcement agency, may determine at a later time that the actions of a driver were criminal. For example, a driver involved in a recent fatal car accident has so far only been charged with carelessly operating his vehicle, but additional charges are not out of the question.
Around 9:30 p.m., the Louisiana State Police received notification of a single-car accident that occurred on U.S. Highway 61. When they arrived, they discovered a 21-year-old man who was partially thrown from the vehicle. He succumbed to his injuries there at the scene. The 24-year-old driver only suffered minor injuries.
The preliminary investigation indicates that the driver somehow lost control of the vehicle. It ran off the road, slammed into a culvert and began flipping until it finally came to a stop on its roof. A toxicology sample from the driver was being analyzed at last report. Officials anticipate that additional charges could be filed against him.
In the meantime, the family of the passenger who lost his life in this fatal car accident retains the right to file a wrongful death claim against the driver. Where prosecutors must prove his guilt beyond a reasonable doubt, the family only needs to show that the driver’s action caused or contributed to the death of their loved one. If they prevail in doing so, the court could award the family monetary damages that could help alleviate their financial burdens brought on by this tragedy.
Community Pulls Together After Fatal Car Accident in Louisiana
When a tragedy occurs in a small city, it tends to touch the lives of a large number of its residents. Under these circumstances, the community often pulls together to help each other, the victims and their families through their grief. This is what is reportedly happening in a small Louisiana city after one teen was lost and three others were injured in a fatal car accident.
Four local students — two age 17, one age 12 and one age 16 — were traveling east on a roadway in the area near a school when the driver lost control of the vehicle. It then careened off the roadway and slammed into an embankment, which caused the vehicle to roll and crash into a tree. The 16-year-old, who was a passenger, died because of the injuries he suffered in the impact. The other three teens survived, but suffered a variety of moderate injuries, including broken bones and lacerations. Authorities report that their injuries were not life threatening.
When word of the crash spread, one student left the school and ran to the scene. Other students waited until the bell rang, and rushed to the Shreveport hospital where the three injured victims were taken. At last report, officials were still conducting the investigation into the accident to determine exactly what happened.
As hard as this tragic fatal car accident is on the community at large, the families of the victims are undoubtedly suffering even more. For the family of the deceased passenger and the injured juveniles, expenses are also mounting with each passing day. They retain the right to file civil actions against in a Louisiana court in an attempt to receive restitution for those financial losses. Successfully establishing negligence on the part of the driver could lead to an award of damages that could help defray these unexpected losses.