Sometimes it is not the initial car accident that causes injury to Louisiana residents. The occupants of the vehicles may feel fortunate to have survived the crash uninjured, but it is shortly after a crash when they can be the most vulnerable. A seemingly minor initial wreck can quickly become a fatal accident if the drivers of vehicles approaching it fail to stop.
For instance, two vehicles were involved in an accident at approximately 4 a.m. on a recent Sunday morning on Interstate 55 in the northbound lanes. Both vehicles stopped partially on the left shoulder and partially in the left lane. The two drivers did what most people would do and got out of their cars.
As they were talking, another northbound vehicle slammed into one of the stopped cars and its driver. The 27-year-old from New Orleans died from the injuries she suffered in the crash. It is not known whether the other driver who was standing with her suffered any injuries.
The 43-year-old driver of the car that hit her is suspected of having been impaired by drugs. According to the Louisiana State Police, he was taken into custody for careless driving, vehicular homicide and driving without a valid license. At last report, he was being held at the Tangipahoa Parish Jail. Investigators are awaiting the results of a toxicology test to verify whether the man was under the influence of drugs at the time of the accident.
Meanwhile, the family of the victim in this fatal accident may exercise its right to file a wrongful death claim against the allegedly impaired driver. Her family may receive an award of damages if the court finds that the party deemed responsible for her death was negligent. The monetary proceeds of any judgment awarded to the family could help defray the expenses incurred because of her premature death.
Wrongful Death
Louisiana Grand Jury Issues Indictment in Fatal Car Accident
Many of the more serious criminal charges filed in Louisiana are often the result of a grand jury indictment. The grand jury decides whether prosecutors have adequate evidence to indicate that a crime occurred and that a specific individual or individuals may have been involved. For example, a 34-year-old woman was recently indicted by a grand jury for vehicular homicide in connection with a fatal car accident that happened in the early morning hours of Nov. 11, 2014.
At approximately 3 a.m. on the morning of the accident, the woman was on Louisiana 23, heading northbound. She lost control of the vehicle, which then left the roadway. When she attempted to get back to the road, she over corrected. This caused the vehicle to flip.
No report was given regarding whether the driver suffered any injuries that night, but she was not alone in the car. When emergency personnel responded to the crash, they discovered that her passenger, a 41-year-old woman, suffered fatal injuries. Authorities suspected that the driver was impaired, and a toxicology test revealed that her blood alcohol level was above Louisiana’s legal limit. This was part of the information provided to the grand jury.
As the woman faces the vehicular homicide charge, she may also face a wrongful death civil lawsuit in connection with this fatal car accident. The surviving family of the deceased passenger retain to right to file such a claim, seeking damages incurred due to the death of their loved one. Documenting to the court that the driver’s negligent actions caused the death of the victim could lead to a monetary judgment for specified financial losses.
Fatal Accident in Louisiana Parking Lot Robs Family of Future
An engaged couple in Louisiana were just two days away from getting married. More than likely, they were involved in last minute preparations and were excited about spending the rest of their lives together. Sadly, it was not meant to be. A fatal accident in a parking lot stole that future from them.
Shortly after 12 p.m., the couple decided to go visit her mother. As they walked across a private parking lot, an SUV careened off the adjacent roadway into the parking lot. It slammed into the couple.
The man attempted to push her out of the way when he saw the out-of-control vehicle heading toward them, but he was hit before he could get her clear of the vehicle. Tragically, she became stuck underneath one of the SUV’s tires. Both victims were taken to an area hospital to be treated for the injuries they suffered in the accident.
The man’s injuries were considered moderate, but the woman’s injuries turned out to be fatal. She died at the hospital. The Louisiana State Police are attempting to determine whether impairment caused the 52-year-old driver to lose control of the vehicle.
The woman is survived by three children. Raising them will now fall to her family. They retain the right to file a wrongful death claim against the driver in connection with this tragic fatal accident. If a civil court determines that the victim’s death was caused by the negligence of the driver, damages may be awarded to the family. Any monetary restitution could be used to pay for the burial of their loved one and provide for the children left behind.
Troopers Suspect Impairment in Fatal Auto Accident
Most law enforcement officers spend their careers dealing with tragedies that seem senseless and preventable. Given the opportunity, troopers with the Louisiana State Police will use the media to remind drivers of the dangers of driving while fatigued, impaired or distracted. Sadly, it is usually in the wake of a fatal auto accident that they receive the chance.
For example, troopers recently responded to a two-car accident in which a woman lost her life. The two vehicles were approaching the same intersection. The woman had the green light and proceeded through the intersection. The man driving the other vehicle failed to obey the red traffic signal and plowed into the driver’s side of the victim’s car.
The impact shoved her vehicle across the intersection into a utility pole where it finally came to rest. The woman died from the injuries she suffered in the impact. The driver believed to be responsible for the crash took off after the crash.
Police later found him and took him to the St. James Parish jail. He faces charges of DWI, reckless operation and negligent homicide. Additional charges include fleeing the scene of the accident and failing to obey the traffic signal.
It is believed that the driver was impaired at the time of the crash, so a toxicology sample was taken from him for analysis. Even though it does not appear that the victim was impaired, a sample was also taken from her. Both samples were sent to the Louisiana State Police Crime Lab for testing.
Should prosecutors secure a conviction on a charge related to the woman’s death, her family may be able to use it as evidence of the surviving driver’s negligence in a wrongful death claim. If the court is satisfied that negligence is proved, an award of damages like that often received in fatal auto accident cases could be considered. Monetary restitution may not help the family get over the loss of its loved one, but it may help with the financial burdens placed on the family members because of her death.
Driver Allegedly Admits to Speeding in Fatal Car Accident
Nearly every Louisiana driver has driven above the posted speed limit on occasion. In most cases, the worst that may happen is a driver getting a speeding ticket. However, on occasion, speeding can lead to a serious or fatal car accident.
A 27-year-old Louisiana man surely did not think that his speeding would lead to a crash in the early morning hours of a recent Sunday morning. It was about 5:15 a.m. when the man was heading to work on Interstate 10 westbound. Somehow, his vehicle slammed into an SUV with enough force to cause the SUV to fly off the roadway into the grassy area beyond the shoulder.
The 66-year-old driver of the SUV was properly restrained when the accident occurred. Unfortunately, it was not enough to save his life. The driver whose vehicle struck the SUV was examined at a local hospital before being taken to the police station.
He allegedly admitted to police that he was speeding. So far, he is facing charges of driving recklessly and driving without a valid driver’s license. Officials believe more charges may be filed against him.
While authorities make that determination, the family of the victim is grieving for their loss. As they prepare to bury their loved one, the financial impact of this fatal car accident may quickly become apparent. The family retains the right to file a wrongful death claim against the driver deemed responsible for his death. Successfully proving negligence could lead the court to consider an award of damages that could help defray the financial burdens the family is incurring.
Fatal Car Accident Takes the Life of Moped Driver
A recent crash involving a moped gave the Louisiana State Police the opportunity to remind motorcycle and moped riders to do what they can to ensure that other motorists see them. However, those reminders should not relieve motorists of their responsibilities to pay attention and watch for obstacles — including smaller vehicles and pedestrians. When a fatal car accident occurs, the at-fault driver should not be able to justify his or her actions by simply saying that they did not see the other vehicle, no matter how big or small it may be.
As a 33-year-old man on a moped traveled east on Louisiana 300 at approximately 2:35 p.m., a van heading north made a right hand turn onto the highway right in front of him. The moped driver did not have enough time to avoid colliding with the van, and he flew off the moped. He initially survived the crash and was transported to an area hospital for treatment. Unfortunately, hospital personnel were unable to save his life, and he succumbed to the injuries he suffered in the impact.
The driver of the van told troopers with the Louisiana State Police that he did not see the moped. A breath test given at the scene indicated that the van driver had not been drinking, but investigators are awaiting blood test results to confirm. It is not known whether charges against the van driver are being contemplated.
The family of the moped rider retains the right to file a wrongful death claim against the van driver even if criminal charges are not filed. It will be necessary to prove to the court that he was negligent before any award of damages will be considered. Should the court determine that the victim was partially responsible for the fatal car accident, any award will be reduced by the percentage of fault assigned to the victim by the court.