Many people assume that the driver of the vehicle that actually made first contact in an accident is the one that is at fault. However, that isn’t always the case. There are times that the actions of the vehicle that was hit actually caused the auto accident. This may have been the case in an accident that recently caused the death of a Louisiana man.
The 69-year-old man was traveling south on Louisiana Highway 1 on his motorcycle recently. At the same time, a 74-year-old woman had pulled off of the road onto the shoulder. When she pulled back out onto the highway to make a U-turn, she did so right in front of the motorcycle.
The motorcycle rider was unable to avoid colliding with the driver’s side of the woman’s car. Emergency personnel transported the man to an area hospital to be treated for his injuries. Unfortunately, medical personnel were unable to save the man’s life, and he was pronounced dead sometime later. The woman driving the car was taken to another area hospital to be treated for what have been described as minor injuries.
Investigators have not yet indicated whether they will be filing any charges against the woman in connection with this auto accident. Under our state law, the family of the victim retains the right to file a wrongful death claim against her regardless of what happens with the official investigation. They will need to show evidence to a court establishing that she was negligent and that her negligence caused or contributed to the death of the motorcycle rider. If they are able to do that, the court may award them the costs and damages incurred as the result of their loved one’s tragic death.
Car Accident
Louisiana Bicyclist Killed in Hit-and-Run Auto Accident
Louisiana State Police troopers are investigating a hit-and-run that took place in the area of La. Highway 44. The victim was a bicycle rider that was left to die by the driver that caused this tragic bicycle vs. auto accident. Police haven’t yet been able to determine what kind of vehicle hit the bicyclist.
When the bicycle rider was struck, his body was thrown into a ditch on the side of the road. He was dead when the authorities arrived at the scene. The man was just 44 years old.
The Louisiana State Police believes that the vehicle that struck the man will most likely have sustained damage to the vehicle’s right side. Until they are able to locate the vehicle that hit the bicycle rider and its driver, the circumstances surrounding this man’s death will remain unsolved. As authorities struggle to locate the party responsible for his death, the victim’s family is left with many unanswered questions.
Families that have lost a loved one to a hit-and-run may end up feeling as if they will never achieve any justice on behalf of the victim. The family of someone that dies as the result of an auto accident retains the right to file a wrongful death claim against the party or parties deemed responsible for the accident. It is the responsibility of the family to provide sufficient evidence to the court that party deemed responsible was negligent and caused or contributed to the death of the victim. Having advice and assistance in a wrongful death claim could help to ensure that the family is awarded all of the costs and damages they are entitled to in addition to achieving a sense of justice for the family member they lost.
Louisiana Man Killed in Single Auto Accident
The Louisiana State Police are trying to figure out what caused an accident that took the life of a Hammond man and injured three other people. The single auto accident happened near LA 445 on Interstate 12 about midnight in Tangipahoa Parish. For some as yet unknown reason, the vehicle left the road and crashed.
So far, the Louisiana State Police have been able to report that the vehicle was heading west on Interstate 12 and strayed off of the road. It then slammed into two trees. The driver and front seat passenger sustained only minor injuries. The fact that they escaped relatively unscathed has been attributed, at least in part, to the fact that they were wearing their seat belts. The passenger seated behind the driver was also properly restrained, but suffered moderate injuries nonetheless.
The passenger in the back right seat was not wearing a seat belt. As a result, he was thrown part way out of the vehicle during the crash. Unfortunately, the injuries he sustained were so severe that he did not survive the accident.
It is not yet known whether any criminal charges will be filed in connection with this auto accident. Authorities have indicated that impairment and speed were not factors in the crash. Regardless of whether there is any official action taken against the driver, the family of the deceased passenger and the injured passenger each has the right to file civil action against her. In accordance with our state laws, out-of-pocket expenses such as medical bills, funeral costs and lost wages, among other things are recoverable in either a wrongful death action or a personal injury claim, as applicable.
Car Wreck East of Lake Charles Leaves 1 Dead
Louisiana State Police were called to an accident on Interstate 10 east of Lake Charles recently. The investigation of the two car wreck has resulted in one driver being charged. The passenger in that driver’s vehicle died at the scene.
The accident occurred when a Mazda heading east on Interstate 10 near Lake Charles sideswiped a second vehicle. That impact threw the Mazda into a guardrail. The passenger in that vehicle was thrown out of the vehicle during the crash; and emergency personnel pronounced the victim dead at the scene.
The driver of the Mazda was taken to an area hospital and treated for what have been described as minor injuries. The driver of the vehicle he sideswiped was lucky enough to escape uninjured. The driver believed to have caused the accident has been charged with careless operation, DWI and vehicular homicide.
Families of car accident victims may find themselves feeling helpless and at the mercy of the criminal justice system to give them the peace of mind they may be looking for after losing a loved one. According to our state laws, families that have lost a loved one due to the negligent actions of another party retain the right to file a wrongful death claim against the driver responsible for the accident. Outside of the emotional impact of their loss, this victim’s family may also be feeling the financial impact of their loved one’s death. If they are able to demonstrate to a Louisiana court that the driver police say is responsible for the car wreck was negligent and that his actions caused or contributed to the death of their family member, they may be able to achieve their own sense of justice along with an award of the costs and damages sustained as a result of the victim’s death.
Toddler Dies in Fatal Accident on US 90 in Louisiana
The Louisiana State Police are searching for a white minivan believed to have been involved in an accident that led to the death of a toddler. The fatal accident took place near LA 632 on US 90. Anyone with information regarding this white minivan is asked to contact Troop B in St. Charles Parish.
It is believed that the white minivan in question was in the right lane of the highway when it passed a speeding car in the left lane. When the van got past the car in the left lane, it pulled in front of the car and applied its brakes. This caused the car to swerve to the right and crash into a ditch.
The driver, front seat passenger and a four-year-old in the backseat all sustained minor injuries. Unfortunately, the 2-year-old passenger was not properly restrained and was thrown during the accident. Despite the efforts of medical personnel at an area trauma center, the toddler died as the result of head trauma sustained in the accident.
The Louisiana State Police have indicated that speed is a factor in the crash. However, it is not yet clear whether impairment was also a factor; and toxicology tests have been sent for analysis. The investigation is ongoing and criminal charges are pending.
The family of the toddler retains the right to file a wrongful death claim against the party or parties responsible for the fatal accident that stole the toddler’s life before it had a chance to begin. The results of the official investigation, including locating the white minivan, may be used by the family to identify the party or parties to be named in a civil action. Those same results can be used to illustrate the negligence of the responsible parties and that their actions led to the toddler’s death.
Mobile Device May Have Led to Fatal Car Wreck in Louisiana
The Louisiana State Police suspect that a mobile device may have led to a fatal crash in Ascension Parish. The car wreck took place at the intersection of Louisiana Highway 931 and Joe Sevario Road. The accident is still under investigation.
The intersection where the accident took place is governed by a four-way stop. A woman driving south on Joe Sevario Road stopped at the intersection in question before proceeding through it. At the same time, a man was driving west on the highway failed to stop at the intersection, causing him to slam into the woman’s car.
The Louisiana State Police say the woman was properly restrained at the time of the accident. Unfortunately, having her seat belt fastened did not preclude the woman from suffering fatal injuries as a result of the impact. Authorities have taken a toxicology sample from the man to determine whether he was impaired at the time of the accident.
A mobile device was found in his vehicle, and authorities believe the driver may have been distracted when the accident occurred. The driver was taken to the Ascension Parish Jail. He has been charged with negligent homicide in addition to other charges. Depending on the outcome of the official investigation, the man could face further charges.
Even though filing civil action could never repair the damage done to the family by the woman’s death, her family retains the right to file a wrongful death claim against the other driver. If a civil court determines that the driver’s actions in this car wreck were negligent and that his actions caused or contributed to the death of their loved one, the family may be awarded the costs and damages incurred as a result of her death. Along with any monetary compensation they receive, the family may also feel they have received some sense of justice on behalf of their lost loved one.