Car Accidents

Making A Federal Case Out Of It

July 6, 2016 by Lee Hoffoss

Two Louisiana men now blame a Texas driver for the injuries they sustained in a serious car crash last year.
According to a lawsuit filed in federal court, Ronald Clauhs was stopped in a traffic lane of eastbound Interstate 10 because of a traffic jam. Shortly thereafter, Scott Liriano, of Bastrop, Tex., approached, apparently failed to stop, and collided with the vehicle at the tail end of the traffic jam that was three vehicles behind Mr. Clauhs, who was operating a car owned by Joseph Dimitri. That collision caused a chain reaction crash that injured Mr. Clauhs. The lawsuit seeks unspecified damages. [Read more…] about Making A Federal Case Out Of It

Legal Issues In Drunk Driving Matters

June 17, 2016 by Lee Hoffoss

Two recent incidents in Lake Charles highlight some common issues in many drunk driving negligence cases.
One case involved a car crash at the intersection of Elliott and Lafanette. According to Sheriff’s deputies, 32-year-old Jorge Castillo crossed the center line and collided with a female motorist. When they questioned Mr. Castillo, deputies claimed that he was intoxicated, based on an odor of alcohol, unsteady balance, and slurred speech. Mr. Castillo refused to answer questions, perform field sobriety tests, or submit to a chemical test. Nevertheless, he was arrested and charged with DUI.
On the same day, and in an unrelated incident, Sheriff’s deputies pulled over 35-year-old Tate Vander on Hollis Road in Westlake, after a tipster’s report about erratic driving. When questioned, Mr. Vander said he was “buzzed” after consuming prescription medications and alcohol; deputies did see an open container of alcohol in his vehicle, along with four Soma pills. He was transported to a local hospital where he submitted to a blood test; the test results were not made available. He was also booked into jail on several charges, including DUI. [Read more…] about Legal Issues In Drunk Driving Matters

Legal Fault In Alcohol-Related Crashes

June 10, 2016 by Lee Hoffoss

Although the number has declined in recent years, alcohol-impaired motorists kill about 10,000 people per year, a figure that represents about third of roadway fatalities. Substance-impaired drivers, whether from an illegal, prescription, or over-the-counter drug, are almost as dangerous as so-called “drunk drivers.” In all these cases, the tortfeasor (negligent driver) may not be the only party that is responsible for the plaintiff’s damages.
First Party Liability
As a preliminary note, the standard of proof is much lower in civil court than it is in criminal court. To obtain a DUI conviction, the prosecutor must prove that, beyond a reasonable doubt, the motorist was intoxicated. But to prove liability in civil court, the plaintiff must only show that, by a preponderance of the evidence, the motorist was impaired. [Read more…] about Legal Fault In Alcohol-Related Crashes

Alcohol Suspected in Car Wreck That Killed 1

February 9, 2016 by Lee Hoffoss

Regardless of how often drivers are told that getting behind the wheel after drinking is dangerous, some Louisiana residents continue to do so. Those drivers put the lives of everyone on the roadways in danger, including their passengers. Due to the fact that an individual makes a conscious decision to drive after drinking, any car wreck resulting from that choice is usually considered to be preventable.
A 36-year-old man who allegedly got behind the wheel of his vehicle after drinking may have prevented the accident he is accused of causing. Officials report that he ran a red light and crashed into a pickup truck. The man considered at fault did not suffer any serious injuries.
However, during the impact, the 35-year-old passenger in the pickup truck flew out of the sunroof and landed in the street. He succumbed to the injuries he suffered there at the scene. The driver of the pickup survived the crash, but suffered severe injuries. At last report, he remained hospitalized in critical condition.
A witness reported that the pickup was already in the intersection when it was T-boned. New Orleans police say that the accused driver’s blood alcohol content was determined to be .12, which is over the legal limit here in Louisiana. He was book on suspicion of vehicular homicide.
The family of the deceased passenger and the other driver also retain the right to file civil actions against the man. If prosecutors secure a conviction in connection with this car wreck, it could be used as evidence of negligence in civil court. Any restitution received could help reduce the financial impact the accident caused the victims and their families.

Auto Accident on I-10 Kills 1, Injures 3 Others

February 3, 2016 by Lee Hoffoss

On behalf of Hoffoss Devall, LLC posted in Car Accidents on Wednesday, February 3, 2016.

There is probably not a portion of Interstate 10 here in Louisiana that has not seen at least one accident. This includes the area near the exit for U.S. Highway 11, also known as the Irish Bayou. An auto accident took place there recently that sent three people to the hospital and killed another.
So far, local police have determined that two vehicles were traveling one behind the other in the eastbound lanes of the roadway. For some reason that police have yet to ascertain, the second car ran into the back of the first car. Three people occupied the second vehicle. The first car was only occupied by the driver.
All four of the people involved suffered injuries that necessitated being transported to the hospital. Upon arrival, the 21-year-old woman and a 28-year-old man — who were the passengers in the second vehicle — suffered critical injuries. Sadly, the woman did not survive her injuries. No further information regarding the condition of the critically injured man or the two drivers was available at the time of this writing.
The New Orleans Police Department is conducting the investigation into this crash. Anyone with any information that would be helpful to police is encouraged to contact the fatality investigator working the case. It is not yet known whether any charges are being contemplated.
Regardless, the family of the deceased woman, the severely injured passenger and the other driver retain the right to file a wrongful death or personal injury claim, as applicable. Proving negligence could lead to a Louisiana court to enter an order for damages. Any monetary restitution received could help with the unexpected expenses and other damages incurred in the aftermath of this auto accident.

Driver Believed Responsible for Car Wreck Dies at the Scene

November 16, 2015 by Lee Hoffoss

Sometimes, the Louisiana drivers who turn out to be responsible for an accident do not survive. Therefore, police might be unable to understand all of the factors that led to a particular car wreck. They rely on the statements of survivors, witnesses and the evidence gathered at the scene.
The Louisiana State Police recently responded to a call regarding an accident that occurred on Interstate 20 at approximately 7:20 p.m. on a Thursday night. When troopers arrived, they discovered that two vehicles had collided. It was determined that the SUV had been heading westbound when the driver, a 29-year-old woman, veered into the eastbound lane.
Her vehicle hit the side of an eastbound vehicle and then began to roll. The vehicles ended up in the median. Both the driver and passenger were thrown out of the SUV during the impact.
The driver perished at the scene. Her passenger survived with serious injuries and was taken to an area hospital for treatment. The 35-year-old driver of the other car was fortunate enough to only suffer minor injuries.
The current condition of the seriously injured passenger is not known. Recovering from serious injuries can take some time. During that time, the victim could incur significant medical expenses and lose income due to the inability to work, among other damages. A successful personal injury claim in which it is established that the victim’s injuries were caused by the negligence of another could result in an award of damages to help with the financial losses sustained in the aftermath of this car wreck.