A young man we first profiled earlier this summer continues to make slow but steady progress as he recovers from a serious brain injury.
Doctors did not expect Luke Burnham to recover after a car hit him and threw him thirty feet in the air. Mr. Burnham arrived minimally conscious at a Houston hospital with crushed bones and a serious brain injury. About a month later, specialists recall that he could finally move his left hand. A short time later, doctors put Mr. Burnham on a self-pedaling bike, and his recovery started to gain momentum. Doctors released him from the hospital so he could begin classes this fall for his senior year at St. Louis Catholic High School, where he is now an honor roll student. Mr. Burnham’s short-term goal is to be free of his wheelchair in time to walk across the stage this coming spring; after graduation, he wants to attend medical school and become a pediatrician. [Read more…] about The Long Road Back, Episode II
Car Accident
Authorities Look For Clues In Deadly Crash
Investigators have little to go on after a wrong-way car accident in the overnight hours killed one person and seriously injured two others.
Louisiana State Police troopers report that 25-year-old Daniel Elwood, of Tallahassee, Fla., was southbound on State Highway 21 in one of the northbound lanes. Roughly four miles south of Bogalusa, Mr. Elwood collided head-on with a northbound car driven by 17-year-old Jodi Vasbinder, of Covington. Mr. Elwood, who was apparently not wearing a seatbelt, was declared dead at the scene; Ms. Vasbinder was airlifted to a local hospital with serious injuries.
19-year-old Nathan Nicolasi, who was a passenger in Ms. Vasbinder’s vehicle, was injured and transported to a nearby hospital via ambulance. [Read more…] about Authorities Look For Clues In Deadly Crash
It’s Raining Cats And Dogs And Crashes
A Bergenfield, New Jersey man died in a serious car accident that took place on a rain-slick Slidell Roadway over Labor Day Weekend.
Authorities state that 66-year-old Milton Frank, of Slidell, lost control of his 2007 Tahoe on the eastbound side of Interstate 10; at the time, the road was already covered with a layer of water and the rain was still falling “heavily,” according to a statement. Mr. Frank crossed over to the westbound side and smacked head-on into a 2016 BMW driven by Steven Fernandez, of Bergenfield. Moments later, 24-year-old Irvin Darensbourg, of New Orleans, crashed into the wreckage in a 2002 Honda.
Mr. Fernandez was pronounced dead at the scene; a passenger in his car – 26-year-old Danielle Carballeira of Staten Island, New York – was seriously injured.
Fact Issues in Car Accidents
The duty of reasonable care basically demands that drivers do whatever is necessary and safe to prevent car accidents, and that includes operating their vehicles at a reasonable speed. The posted speed limit is presumed to be a reasonable speed under ideal conditions: plenty of light, dry pavement, and little wind. It stands to reason that if conditions are less than ideal (poor visibility, slick pavement, and/or high winds), drivers must slow down and drive according to the conditions.
This duty may also vary according to the type of driver and the type of equipment. While experienced drivers have no problem operating at or near the speed limit, new drivers may not yet have that much ability. As for the type of vehicle, some pickup trucks are notorious for their uneven weight distribution when the beds are empty. As a result, drivers must exercise care when maneuvering their vehicles, especially if traction is poor.
Legal Issues in Car Accidents
Whenever there are multiple impacts from multiple vehicles, it can be difficult or impossible to determine which impact caused which injury. In these kinds of car accidents, the foreseeability rule from Palsgraf v. Long Island Railroad (1928) often comes into play.
In Palsgraf, a woman at a train station was injured when some large scales fell on her. An investigation later determined that the scales toppled over because fireworks accidentally exploded on the other side of the platform, creating a shock wave that pushed against the scales and caused them to fall. The court ruled that the railroad company was not responsible for Ms. Palsgraf’s injuries, since they were not a foreseeable result of the first accident.
In car accident cases, if the injury was a foreseeable result of the tortfeasor’s (negligent driver’s conduct), the tortfeasor is generally liable for damages, regardless of whether the injuries were a direct or indirect result of the car accident.
For prompt assistance with a negligence claim, contact an experienced Lake Charles personal injury attorney from Lee Hoffoss Injury Lawyers. Our firm has a small-town feel and access to nationwide resources.
Fatal Car Crash Near Natchitoches
A man is dead after a high-speed, head-on crash on Interstate 49 that may have been either speed or alcohol related.
According to Louisiana State Police, 18-year-old Deytwan Demetrius, of Fort Polk, was southbound on Interstate 49 just south of State Highway 485 when he lost control of his vehicle, careened through the median, and smashed into a northbound automobile driven by 39-year-old Jabe Maddox, of Longview. Mr. Maddox was declared dead at the scene; Mr. Demetrius and a passenger – 18-year-old Trevon Lewis, of Leesville – were both transported to a local hospital with various injuries.
Charges against Mr. Maddox, as well as the results from toxicology tests, are pending. [Read more…] about Fatal Car Crash Near Natchitoches
Mysterious Crash In Swamps Southeast Of Lake Charles
Investigators hope that a data recording device similar to the ones in most cars and trucks will yield clues about a helicopter crash in Iberia Parish.
Authorities immediately became concerned when the Gulf Coast Helicopters aircraft, which was surveying pipeline in the area, did not arrive at a scheduled refueling stop in Patterson. The Civil Air Patrol began combing the area shortly thereafter; by evening, several other agencies, including the Coast Guard and the Iberia Parish Sheriff’s Office, had joined the search. Rescuers soon found the wreckage of the helicopter in the Atchafalaya Basin, and removed the lifeless body of the 29-year-old pilot. [Read more…] about Mysterious Crash In Swamps Southeast Of Lake Charles
The Check Is In The Mail
After waiting almost a year for the insurance company to settle a routine car crash claim, a Louisiana man asked a state District Judge to intervene in the matter. Victims in Lafayette and Lake Charles who are still waiting on insurance companies to pay, and are forced to contemplate bad faith actions, can certainly sympathize with him.
In court documents, Patrick Constantine says that the other driver was clearly negligent in an August 2015 collision, and neither Geico nor United Services Automobile Association (USAA) have compensated him for his damages. [Read more…] about The Check Is In The Mail