Many of the railroad crossings throughout Louisiana do not have gates, flashing lights or bells. This makes these crossings particularly dangerous, especially if the only warning drivers receive is a crossing sign and/or a stop sign. Failure to exercise extra caution at these crossings could result in a catastrophic car wreck.
Just off Louisiana 5, a private lease road is crossed by train tracks. There is only a stop sign and crossing sign at this location, and it was recently the site of an accident involving a Union Pacific freight train and a pickup truck. The freight train was heading south as the pickup truck was heading east. The pickup somehow failed to yield the right-of-way to the train and was struck by it.
The impact shoved the pickup off the tracks. When troopers with the Louisiana State Police arrived at the scene, they discovered the driver and one passenger in the truck dead. The third occupant was taken to an area hospital, where he was in critical condition until he succumbed to his injuries early the next morning. Troopers do not believe that the pickup driver was impaired, but a toxicology sample is being analyzed as part of the ongoing investigation.
The families of the victims involved in this train vs. car wreck may file wrongful death claims against the party or parties thought to be responsible for the deaths of their loved ones. It remains to be seen if a claim against the railroad is appropriate under the circumstances of the accident, though it would appear that the estates of the two deceased passengers have a separate right to seek financial accountability fro the estate of the pickup driver. Documenting for the court that the negligence of another led to their deaths could result in an award of damages. Any financial restitution received could defray the costs associated with the sudden death of a family member.
Motor Vehicle Accident
What Happens After a Louisiana Motor Vehicle Accident?
In the immediate aftermath of a car crash, the most important thing is making sure that the injured get to medical help as soon as possible. After the emergency passes, those who suffered moderate to serious injuries may begin to question what to do next. The costs associated with a motor vehicle accident can be significant, but it may be possible to seek damages through the filing of a personal injury claim against the party or parties deemed responsible in a Louisiana court.
Before a court will even consider an award of damages, it is necessary to prove the other party or parties’ negligence. Every Louisiana driver owes a duty of care to his or her passengers and everyone else on the road. When a driver breaches that duty through some negligent act such as running a red light, speeding or driving under the influence, people can get hurt.
These are just a few examples of what types of actions can prove negligence to the court. The more information you have regarding the cause of the accident and any contributing factors, the better the chances are that negligence can be proved. Police reports, accident reconstructions and witness statements can all be offered as evidence in a civil action. In some cases, a manufacturer’s defect can cause an accident. If that happens, a product liability claim may be in order.
Regardless of the cause of a motor vehicle accident, the injured parties retain the right to file a claim against the negligent party. If a monetary award results from a successful claim, the injured party may recover expenses such as out-of-pocket medical costs and lost wages. It may also be possible to receive an award of other damages such as pain and suffering.
Louisiana Woman Killed in Pedestrian Vs. Motor Vehicle Accident
Pedestrians are often vulnerable when they have to share the roadway with vehicles. Even when a pedestrian stays out of the path of vehicles by walking along the edge of the road, a pedestrian vs. motor vehicle accident can occur. This is what happened to one Louisiana woman on Nov. 8.
The woman was walking on the west edge of Highway 631 through St. Charles Parish. As the 32-year-old woman walked toward the intersection of that highway and Highway 52, the driver of a vehicle heading east on the same highway attempted to pass another vehicle. When the 50-year-old driver of that vehicle moved into the westbound lane to pass, he hit the woman.
The pedestrian suffered fatal injuries, and authorities pronounced her dead at the scene at approximately 6 p.m. Troopers from the Louisiana State Police are investigating the accident. As part of their investigation, they obtained a toxicology sample from the driver of the vehicle that hit the woman, and those results are pending. The reports did not indicate if troopers took the Texas driver into custody or if authorities anticipate filing charges against him.
As the investigation continues, the victim’s family has to deal with the fact that she was taken from them prematurely due to this tragic motor vehicle accident. As the family members grieve, they have the legal right to make a wrongful death claim against the driver deemed responsible for her death. Any financial relief they may be awarded from a successfully navigated legal claim could ease the monetary burdens that accompany such a tragedy.
Lake Charles Police Investigate 2 Motor Vehicle Accident
On Sept. 3, Lake Charles police were called to the scene of a collision near exit 6 on Interstate 210. Two cars were involved in the motor vehicle accident. Reports confirm that three people had to be taken to the hospital.
Both vehicles involved in this crash were heading the same direction on the interstate. The first vehicle slammed into the back of the other. The impact pushed the second vehicle further up the road and into a guard rail. Both the drivers and the passenger in the second vehicle were injured had to be taken to the hospital.
There were no specifics given regarding the injuries sustained by the two people. However, it was reported that the passenger died as a result of the injuries received in the crash. The driver the second vehicle is listed as being in serious condition. It is not known whether the driver of the first vehicle sustained any injuries.
The driver of the first vehicle told Lake Charles police that the vehicle he hit did not have working tail lights, so the vehicle couldn’t be seen until it was too late. As part of the investigation, police will need to verify this statement. In the meantime, the family of the deceased passenger may file a wrongful death claim against both drivers involved in this motor vehicle accident. Depending on what the official, or any private, investigation reveals, both drivers could be proved negligent and be held financially liable for the passenger’s death. If successful, the family may recover the costs and damages they have incurred since their loved one’s death, including but not limited to, medical expenses, funeral costs and pain and suffering.