Hundreds, if not thousands, of 18-wheelers travel the highways of Louisiana every day. Truckers spend more time behind the wheel than the average American, and that can sometimes lead to complacency. A distracted truck driver increases the risk of being involved in a truck accident, which often leads to devastating consequences.
One trucker found this out the hard way. While exiting off of Interstate 49 onto Highway 84, the truck driver failed to stop at a stop sign and pulled in front of a Chevy Impala, which was unable to avoid hitting the 18-wheeler. According to the Louisiana State Police, the driver of the Chevy was pronounced dead at the scene. The other occupant of the Chevy was airlifted to a Shreveport hospital.
Authorities are still investigating the reason why the 27-year-old truck driver failed to stop. In the meantime, he was cited for failure to stop at a stop sign. The Louisiana State Police have also reported that the occupants of the Chevy were not wearing their seat belts.
Regardless of the outcome of the investigation, the fact remains that this truck accident claimed the life of one person and seriously injured another. The families of the two occupants of the Chevy retain their right to pursue civil action should it be determined that the death and injuries were caused by the negligence of another party. Filing a wrongful death action or a personal injury lawsuit and taking it through the court process can be both time consuming and complicated. In a time of uncertainty, when the families struggle to cope with their grief and try to make sense out of what occurred, the right advice may help in assessing liability and damage issues under Louisiana law.
Fatal Accident
Car Wreck on Louisiana Highway 378 Leaves 1 Dead
Most people on Louisiana highways strive to be attentive while driving. However, that obviously doesn’t stop accidents from happening. Drivers often become too comfortable with their ability to drive and sometimes their attention is diverted. When drivers are distracted, they are not giving their full attention to the road, and the potential for a car wreck increases.
A Longville man may have been distracted when he pulled onto Louisiana Highway 378 from a stop sign right into the path of a Ford F-350 on July 6. As a result, the Ford slammed into the driver’s side of the Longville man’s Mazda 626. Even though both drivers were wearing their seat belts, the Longville man’s injuries were fatal, and he was pronounced dead at the scene. The driver of the Ford was taken to a local hospital with minor injuries.
Authorities are still investigating what caused the accident and are looking into whether either driver was impaired at the time of the accident. Whether one of the drivers was impaired could give an explanation for this accident and help authorities determine which driver was ultimately responsible. The outcome of the investigation won’t bring back the Longville man, but it may at least give the families affected by this accident some answers.
Both families now have to pick up the pieces this fatal car wreck has left behind. There are expenses such as property damage, medical bills, funeral expenses, and the like that have to be dealt with even while grieving. The uncertainty of the outcome of this investigation only adds to the stress these families may feel. While it is too early to assess whether a wrongful death action based on a claim of negligence is appropriate, the other driver — as well as the family of the deceased victim — may benefit from taking the time to be advised of their rights and responsibilities under Louisiana law.
Lake Charles, Sheriff Settle Wrongful Death Claim in Taser Accident
Almost five years ago, a Lake Charles homeowner discovered a local man on his property. He chased him away and pursued him to the Nelson Pointe apartments. Lake Charles Police and Calcasieu Sheriff’s officers responded to the scene. A scuffle was said to have occurred, and a Lake Charles police officer shot him with a Taser as other law enforcement personnel worked to place handcuffs on the man.
The man collapsed and sadly died on the way to the hospital. In response, his widow and three children filed a wrongful death claim against the city, the sheriff’s office and the homeowner who chased after him in the fatal accident.
The Calcasieu sheriff defended the use of Tasers, arguing that they are necessary to ensure the safety of his officers. However, there was no indication that the victim was armed, nor was there any explanation offered in a news story as to why a Taser was necessary to subdue a man who was already surrounded by law enforcement officers. As the trial date approached, both the city and sheriff’s office elected to settle the wrongful death claim by each paying $125,000. The claim against the homeowner is still set to proceed to trial.
In settling the wrongful death action arising from the fatal accident, at least one Lake Charles city councilman objected, saying he did not believe that bad behavior ought to be rewarded. Nevertheless, the settlement was approved, though with no admission of wrongdoing. Clearly, law enforcement personnel have a difficult job to do, and yet they also must act with a reasonable duty of care. Whether that duty was breached would arguably have been the focal point of any trial, though the settlement avoids that legal determination. For their part, the widow and children may feel they have accomplished their mission to hold negligent parties accountable for wrongful conduct. It will be interesting to see how the trial against the homeowner turns out.