A disturbing incident at a Walt Disney World beach highlights the danger that victims may experience this summer.
Orange County Sheriff Jerry Demings says his office will not press charges against Melissa and Will Graves, of Omaha, Neb., after a giant alligator snatched their 2-year-old son off a beach that was marked “No Swimming.” However, the park owners did not post any warning signs about alligators, and a Walt Disney World representative said that the park would “thoroughly review” the situation. Sheriff Demings said that both his agency and the state wildlife department would look into the matter as well.
Divers found Lane Graves’ lifeless body about 16 hours after his parents reported the initial incident. [Read more…] about Animal Attack Raises Landowner Liability Questions
Louisiana
SMIDSY Motorcycle Crash In Lafayette
A Beaux Bridge man died after a serious motorcycle wreck.
The biker, later identified as 34-year-old Tucker Huval, was eastbound on West Willow Street near Staten Street, when a westbound motorist, whose name was not released, made a left turn across traffic and collided into Mr. Huval, whom he apparently did not see. The force of the collision separated Mr. Huval from his bike; he was subsequently pronounced dead at the scene.
No charges are pending against the driver at this time, but police say the investigation is ongoing. [Read more…] about SMIDSY Motorcycle Crash In Lafayette
Fatal Accident Between 2 Boats Kills Louisiana Man, Injures 2
The Louisiana Department of Wildlife and Fisheries is investigating an accident between two boats. The collision took place near where the river meets the Gulf in Flatboat Pass. Two people were injured and one person died in the fatal accident.
Not many details have been released so far about the crash. What is known is that an oilfield crew boat and a 24-foot “shallow-draft recreational fishing boat” slammed into each other. There were only two people on the oilfield crewboat and neither of them was injured in the accident. All three of the people on the fishing boat were injured.
Emergency personnel took all three people to the hospital to be treated for their injuries. Unfortunately, the driver of the fishing boat sustained such severe injuries that he died on the way to the hospital. The two passengers on the boat were taken to a New Orleans hospital. One of them suffered minor injuries, but the other suffered head trauma. Their current conditions are unknown.
The Louisiana Department of Wildlife and Fisheries has not yet indicated what party is at fault in the accident. Many people tend to forget that a boat is also considered a motor vehicle and require the same amount of attention and care as driving a street vehicle. When people fail to exercise the proper care, a fatal accident can be the result. The seriously injured man has the right to file a personal injury claim against the party or parties responsible for his injuries. It will depend on the outcome of the official investigation whether the family of the driver of the fishing boat will be able to file a wrongful death claim to recover the financial losses they too have incurred.
Man Dies Crossing I-10 in Louisiana After Auto Accident
A car accident involving just one or two cars is stressful enough, but chain-reaction crashes can result in many more ruined cars, injuries or even death, which leads to a wide range of legal problems to work out. An as-yet-unidentified man was killed on Saturday crossing Interstate 10 in Louisiana. The man had been involved in an auto accident in eastern New Orleans and was struck by a third vehicle. The man was returning to his vehicle after checking on the occupant of the vehicle he had hit.
The 31-year-old man was driving a Chevrolet pickup truck when he struck a car, sending it spinning out of control. The drivers were able to get their vehicles into the emergency lanes — the pickup truck driver on the left side of the highway and the Cavalier driver on the right side of the highway — before the driver of the pickup went to check on the 25-year-old driver of the car. As the pickup driver was returning to his vehicle, a car driven by a 24-year-old woman hit him. He died at the scene.
As the car that hit the man came to a stop, it was rear-ended by another vehicle driven by a 17-year-old boy. The injured woman was taken to an area hospital for treatment of what were initially described as minor injuries.
It will now be left to authorities to investigate the facts and circumstances surrounding all of the accidents. Skid marks, damage to the vehicles involved and witness statements will all be used to determine exactly what happened. While crossing an interstate is a dangerous undertaking, formal conclusions as to fault will necessarily await the publication of the official accident investigation report.
An auto accident can be nerve-wracking, but when people are injured or killed, the stress can be enormous. Adding to the trauma of the accident itself, those involved will have to worry about medical bills, property damage and potential lawsuits. It is important for anyone involved in an auto accident to be advised of their rights and responsibilities under Louisiana law and to contact an attorney to represent them.
Is Louisiana to Blame for Fatal Accident?
The Louisiana State Police still isn’t sure what caused an accident on the fairly new flyover ramp from Causeway Boulevard onto Interstate 10. The family of the victim of the fatal accident says that there are safety concerns with the design of the ramp. They believe their loved one would have survived the crash if there had been better safety measures in place.
The victim and her partner were trying to sell a scooter and were taking the vehicle to an interested buyer. While the woman rode her scooter, her partner was following behind her in another vehicle. As the woman was negotiating the flyover ramp she somehow lost control and hit the side wall of the ramp.
When she did, she was thrown off of the scooter and over the wall of the ramp. She landed on the highway below — a drop of about 50 feet. Even though she was alive when her partner and a passing doctor managed to get to her, it was too late. According to her partner, the victim flew at least two to three feet into the air as she went over the wall. It is the family’s contention that if the wall had been built higher or if there was some sort of safety fence above the existing wall, she might be alive.
Under Louisiana law, the family of a fatal accident victim may file a wrongful death claim against any party or parties whose actions may have caused or contributed to the death of that person. Sometimes, that person is a company or governmental agency. In this case, even though the state Department of Transportation says the wall was built in accordance with industry standards and would not have been opened for use unless it had been deemed safe, a Louisiana court may end up being the ultimate judge of that.
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.