Each year, numerous accidents throughout the country — including some here in Louisiana — are not caused by a vehicle’s driver. Instead, some are due to animals running out into roadways, and others are caused by natural disasters, but passengers may cause some accidents. For example, the driver most likely was not the cause of one single-auto accident on Jan. 10, 2015.
As the vehicle traveled east at approximately 1:40 p.m., the passenger, who was a man from Lake Charles, suddenly grabbed the steering wheel. The 24-year-old driver of the car was not able to maintain control. The vehicle then went off the roadway and slammed into a building.
The driver suffered injuries that threatened her life, and she was taken to a hospital in Baton Rouge where the accident had taken place. Whether she is still hospitalized, and her current condition, are not known. The 22-year-old passenger who is believed to have caused the crash suffered severe injuries that ultimately led to his death on Jan. 22, 2015, almost two weeks after the crash took place.
The investigation into the auto accident is ongoing. Police believe that synthetic marijuana could be a factor in the crash, but they do not say whether one or both parties were using it at the time. This case is not typical, in that the driver may be able to file a personal injury claim against the estate of the passenger. If the driver establishes negligence on the passenger’s part to the satisfaction of a Louisiana court, she may be awarded damages. However, any award could be reduced by any percentage of liability attributed to her by the court.
Auto Accident
Auto Accident on U.S. 90 Kills Louisiana Man
A trooper with the Louisiana State Police recently took the opportunity to remind drivers in the state that being distracted or failing to pay attention while driving is the most often cited cause of accidents. The pattern of traffic around a vehicle can change in mere seconds. If a driver is not prepared, an auto accident could be the result.
Inattentive or distracted driving may be a factor in a recent crash to which the Louisiana State police responded around 5:55 a.m. The preliminary investigation revealed that two vehicles were heading in opposite directions on U.S. 90. Something caused the driver of the westbound vehicle to stray into the eastbound lane. The unsuspecting driver of the second vehicle had no time to get out of the way. The westbound car hit that vehicle head-on, spun and hit a third vehicle.
The 53-year-old driver believed to be at-fault for the accident died during the impact. The driver of the vehicle hit head-on suffered injuries described as moderate and was taken to a hospital in the area for treatment. The third driver was also taken to an area hospital, suffering from minor injuries.
Whether authorities are able to determine what caused the deceased driver to veer into oncoming traffic is not necessary in order to establish negligence on his part in a personal injury case. The moderately injured driver may be able to satisfy a Louisiana court that the deceased driver was negligent and his actions were the proximate cause of the crash and the survivors’ injuries. If so, the court may award damages typically ordered in auto accident cases.
Cause of Motorcycle Vs. Auto Accident Still Under Investigation
One of the most dangerous maneuvers any driver faces on an Interstate is merging with traffic. If a driver does not properly time the entrance onto the highway, the consequences could be disastrous. Over the years, many Louisiana auto accident victims suffered serious injury or death during such a collision.
Police in northern Louisiana recently responded to a collision between a motorcycle and a passenger vehicle at the interchange between Interstate 20 and Interstate 49. The southbound motorcycle was in the process of merging from Interstate 20 onto Interstate 49 when it somehow struck the back of the passenger car. The collision threw the driver and passenger of the motorcycle onto the roadway.
Both the motorcycle driver and his passenger suffered significant injuries. When officers with the Shreveport Police Department arrived, they discovered that the 50-year-old driver was deceased. His passenger, also 50, was still alive and is currently in an area hospital in critical condition. She has a different last name that the motorcycle driver, though no further details were divulged.
The driver of the passenger car did not suffer any injuries in the crash. A blood sample was taken from the 47-year-old woman to determine whether she was under the influence of alcohol or drugs at the time. The accident is still under investigation since the cause of the wreck was not readily discernible from the scene.
As the official investigation continues, the Louisiana woman seriously injured in this motorcycle vs. auto accident is undoubtedly incurring considerable medical expenses and may be sustaining a substantial loss of income. The monetary damages she is incurring could only increase as she struggles to recover from her injuries. Fortunately, she retains the right to file a personal injury claim against the party or parties deemed responsible for her injuries. A successful claim could result in an award of financial damages that may help alleviate the economic burdens she faces.
Louisiana Auto Accident Kills Man on Scooter
Most Louisiana motorists know the rules of the road, including those that apply to the right of way. No matter what kind of vehicle they may drive, everyone is entitled to the same road and is obligated to obey all traffic laws. When a driver fails to do so, an auto accident can occur such as the one that recently took the life of a man on a motorized scooter.
According to Louisiana State Police, the 36-year-old driver of the powered scooter was approaching an intersection. As he did so, a 55-year-old man driving a pickup truck suddenly entered the roadway directly into the path of the scooter. This caused the man on the powered scooter to slam into the side of the truck.
The victim was transported to a local hospital. Unfortunately, despite the effort of both the emergency medical technicians at the scene and the hospital medical staff, the man succumbed to his injuries. The driver of the pickup truck has since been arrested and charged with the negligent death of the scooter rider and failure to yield to the right of way. He was booked and taken to the Jefferson Parrish Correctional Center.
Louisiana authorities do not believe contributing factors such as speed or alcohol were at play at the scene of this auto accident. Other options, including other forms of driver distraction, are being investigated. The family of the deceased scooter rider may be entitled to file a wrongful death claim against the driver of the pickup truck. Any contributing factors discovered by authorities may provide evidence of negligence in a civil proceeding. If negligence is proved, the court may consider an award of damages.
No Sidewalks Factor in Louisiana Pedestrian Vs. Auto Accident
There are very few areas with sidewalks in two Louisiana parishes, so pedestrians are forced to walk on the shoulder increasing their risk of being struck by traffic. Recently, a Thibodaux man became a victim of this increased risk when he was involved in a pedestrian vs. auto accident on La. 20. He was walking to his job as he does every workday and was struck by a car.
The 23-year-old worked at a meat market and had no other transportation. As he was walking to work on July 16, a car drifted off of the road onto the shoulder where the victim was walking and ran him down. The pedestrian was rushed to an area hospital where medical personnel attempted to save his life. Unfortunately, the injuries that the victim sustained in the accident were too severe and he succumbed to his injuries.
Preliminary reports indicate that the 30-year-old driver had been drinking. However, a breath test indicated that the man’s blood alcohol level was below the legal limit for Louisiana. The results of a toxicology test are pending. It is not known whether the driver will face charges.
Of course, there is no guarantee that the victim would still be alive had there been sidewalks along the road, but it is a possibility. Should the victim’s family exercise their right to file a wrongful death claim in connection with this pedestrian vs. auto accident, the fact that there was no sidewalk available for the victim to use. Certainly, the driver may ultimately be found responsible for this man’s death, but he may not be the only one who legally had a hand in it.
Pedestrian Killed in Hit-and-Run Auto Accident
A Louisiana man has been arrested in connection with the death of a pedestrian. Police are still attempting to ascertain what the driver, who turns out to be the president of the Livingston Parish School Board, was doing on the rural road at that time of morning. They are also trying to find out why he fled the scene of the auto accident.
As for the victim, reports have indicated that he and another man were arguing when the accident occurred. The victim was driving a truck that belonged to the passenger he was supposedly arguing with. For some reason, the victim stopped the truck and the passenger got out. The driver then drove away, but returned shortly thereafter. He got out of the truck to talk to the passenger when he was struck.
The Louisiana State Police say the victim was in the roadway when he was struck, which is why they have not charged the school board president with negligent homicide. According to the police, the victim is responsible for the accident since the truck was stopped in the roadway. There is also no evidence to indicate that the man was impaired at the time of the accident.
It may not be possible to find the school board president criminally liable for the victim’s death in this auto accident, but his family may still be able to obtain some justice for him in civil court. The burden of proof in civil court is not as stringent as it is in criminal court. Also, an argument could be made that the actions of the driver that hit the victim contributed to his death. This could make that driver at least partly responsible for his death under our state laws regarding wrongful death.