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
drunk driving
Slidell Auto Accident Kills 19-Year-Old Woman
Driving Interstate 12 through Slidell, Louisiana, helps motorists avoid the traffic going to New Orleans. However, it doesn’t help avoid an auto accident. A 19-year-old was killed in mid-June while driving on I-12.
The woman and her passenger were traveling on the interstate when traffic backed up around exit 80. The driver slowed the car in response to the traffic, but the Dodge pickup truck traveling behind her did not slow down at all. It slammed into the car from behind, killing the 19-year-old and seriously injuring her passenger.
Authorities determined that the driver of the Dodge pickup had been drinking, although he was not legally drunk. As a result, he was arrested on suspicion of negligent homicide and other charges and was taken to the St. Tammany Parish Jail. All that is known about the condition of the passenger of the car is that his injuries were serious, and he was taken to an area hospital.
Losing anyone in a fatal auto accident is horrible, but there seems to be an added sorrow when the victim is so young. Those who are left behind have to deal with the loss of a friend and loved one in addition to the loss of a life that had just barely begun. The costs of a fatal auto accident, such as funeral expenses and property damage, can be overwhelming at best. The fact that the driver of the Dodge vehicle will be criminally charged means he may not be driving again for quite some time, but a conviction won’t bring back the driver, nor will it provide any compensation for her family’s financial and emotional losses. To gain this compensation, her family will have to file a civil wrongful death lawsuit that effectively demonstrates the pickup truck driver’s negligence caused the young woman’s death.
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.
3 Injured, 1 Charged With DWI in Car Wreck in Louisiana
The Louisiana State Police are investigating an accident that occurred on Louisiana Highway 445. Three people were injured as a result of the car wreck. One driver was given a breath test, which he failed.
The accident occurred when a driver attempted to make a left-hand turn right in front of another vehicle. The oncoming vehicle was occupied by a mother and her two children. None of the three was properly restrained, and the children suffered serious injuries. The three are still in the hospital.
It is not known whether the other driver was injured. However, the evidence suggests his blood alcohol level at the time of the accident was higher than the legal limit. The driver has subsequently been charged with driving while intoxicated, second offense. He is also facing other charges in connection with this accident. The Louisiana State Police are also considering charging the mother of the two children since neither she nor the children were properly restrained during the accident.
Even though the fact that she and the children weren’t wearing seat belts may play a role in any litigation stemming from accident, the mother still retains the right to file a personal injury claim against the other driver involved in this car wreck. If it can be proved that his actions and negligence caused or contributed to the injuries of the mother and her two children, a court will consider claims for damages suffered by the mother and children. Costs such as medical bills and lost wages add up quickly after a serious accident and can financially devastate a family. These expenses are potentially recoverable in a civil action, along with other damages that may be awarded by the court under our state laws.
Louisiana Woman Gets 5 Years for Fatal Car Accident
Most families in Louisiana won’t ever have to know how it feels to wait two and a half years for some sense of closure after the death of a loved one. That’s how long it has taken for one family to see the sentencing of a woman who caused a fatal car wreck in December 2009. In late June, the Point Coupee Parish criminal court sentenced the woman to five years in prison, with two of them suspended, along with two years of felony probation.
The sentence was the result of a plea bargain for vehicular manslaughter charges following an accident that took the life of a 23-year-old woman and seriously injured another individual. The “no contest” plea deal was accepted by the victims’ families. The convicted driver also received a three-year prison term for first-degree negligent injury, to run concurrently with the partially suspended five-year sentence.
It is unknown whether the families of the deceased woman or the other seriously injured victim have filed cival lawsuits as a result of the car wreck. Now that criminal proceedings have concluded, the conviction may be offered as evidence of liability in the civil actions, which have a less stringent burden of proof than in criminal court. Further, a full investigation may indicate other potentially negligent parties, particularly if the convicted woman, who was driving drunk at the time of the crash, was served alcohol at a bar or restaurant beforehand.
Having a loved one taken from you in a car wreck is tragic and many say that the pain never truly goes away. The parties have waited nearly three years for the criminal proceedings to work their way through the Louisiana court system. Now they face the question of whether to pursue claims for monetary damages in the state’s civil court system. In doing so, they would likely seek reimbursement for the damages they have suffered, while also striving to hold negligent parties fully accountable for their actions that caused or contributed to the fatality and injuries suffered.