A Bergenfield, New Jersey man died in a serious car accident that took place on a rain-slick Slidell Roadway over Labor Day Weekend.
Authorities state that 66-year-old Milton Frank, of Slidell, lost control of his 2007 Tahoe on the eastbound side of Interstate 10; at the time, the road was already covered with a layer of water and the rain was still falling “heavily,” according to a statement. Mr. Frank crossed over to the westbound side and smacked head-on into a 2016 BMW driven by Steven Fernandez, of Bergenfield. Moments later, 24-year-old Irvin Darensbourg, of New Orleans, crashed into the wreckage in a 2002 Honda.
Mr. Fernandez was pronounced dead at the scene; a passenger in his car – 26-year-old Danielle Carballeira of Staten Island, New York – was seriously injured.
Fact Issues in Car Accidents
The duty of reasonable care basically demands that drivers do whatever is necessary and safe to prevent car accidents, and that includes operating their vehicles at a reasonable speed. The posted speed limit is presumed to be a reasonable speed under ideal conditions: plenty of light, dry pavement, and little wind. It stands to reason that if conditions are less than ideal (poor visibility, slick pavement, and/or high winds), drivers must slow down and drive according to the conditions.
This duty may also vary according to the type of driver and the type of equipment. While experienced drivers have no problem operating at or near the speed limit, new drivers may not yet have that much ability. As for the type of vehicle, some pickup trucks are notorious for their uneven weight distribution when the beds are empty. As a result, drivers must exercise care when maneuvering their vehicles, especially if traction is poor.
Legal Issues in Car Accidents
Whenever there are multiple impacts from multiple vehicles, it can be difficult or impossible to determine which impact caused which injury. In these kinds of car accidents, the foreseeability rule from Palsgraf v. Long Island Railroad (1928) often comes into play.
In Palsgraf, a woman at a train station was injured when some large scales fell on her. An investigation later determined that the scales toppled over because fireworks accidentally exploded on the other side of the platform, creating a shock wave that pushed against the scales and caused them to fall. The court ruled that the railroad company was not responsible for Ms. Palsgraf’s injuries, since they were not a foreseeable result of the first accident.
In car accident cases, if the injury was a foreseeable result of the tortfeasor’s (negligent driver’s conduct), the tortfeasor is generally liable for damages, regardless of whether the injuries were a direct or indirect result of the car accident.
For prompt assistance with a negligence claim, contact an experienced Lake Charles personal injury attorney from Lee Hoffoss Injury Lawyers. Our firm has a small-town feel and access to nationwide resources.
Serious Injuries
Deadly Day On Lafayette-Area Roads
Three people died in two car crashes in one day in St. Landry Parish.
The first wreck occurred in the overnight hours on Interstate 49 outside of Opelousas. Authorities state that 34-year-old Josie Robertson was northbound when she crossed over to the southbound side and struck 24-year-old Tyler Compton nearly head-on. Ms. Robertson was pronounced dead at the scene; Ms. Compton was rushed to a nearby hospital with serious injuries, but doctors couldn’t save her. Neither woman was wearing a seat belt.
The next fatal crash occurred several hours later near the intersection of State Highway 93 and Roy Road in rural St. Landry Parish. Aaron Guidry was apparently walking in the middle of southbound SH 93 while wearing a light-colored top and black shorts. A motorist, whose name was not released, hit him and killed him. [Read more…] about Deadly Day On Lafayette-Area Roads
The Long Road Back
Just over a year after a Lake Charles teenager sustained a traumatic brain injury in a car crash, he is leaving the hospital and going back to school for his senior year.
17-year-old Luke Burnham has been at TIRR Memorial Hermann in Houston ever since he was hit by a car while jogging. At first, doctors worried that the soccer player and cross-country runner would not survive the crash, and if he did, his brain injury would make him a vegetable. Initially, their fears seemed to be well-founded, because Mr. Burnham could only communicate by looking at “yes-no” cards and could not move, other than to straighten one index finger. But after aggressive treatment and therapy, he is ready to go back to school this fall. Although he is somewhat behind, Mr. Burnham took summer school classes, so he should be able to graduate with his peers.
“I’m looking forward to seeing all my friends again and all my teachers,” he remarked. [Read more…] about The Long Road Back
Bankruptcy Court Confiscates Personal Injury Settlement
A federal judge recently ruled that people in bankruptcy cannot receive any personal injury settlement money until their creditors are paid in full.
Three years after his Chapter 13 creditor repayment plan was confirmed, Clyde Wilson sustained serious injuries in a car crash and received a $197,000 settlement. In determining that the money belonged to the bankruptcy trustee for the benefit of the creditors and not Mr. Wilson personally, U.S. Bankruptcy Judge John Kolwe, in the Western District of Louisiana, applied the “estate-replenishment test” and ordered Mr. Wilson to turn over the money. [Read more…] about Bankruptcy Court Confiscates Personal Injury Settlement
Be Very Careful Crossing The Street
A 53-year-old man died at the scene of a pedestrian-auto crash in Monroe.
The wreck occurred near the intersection of Ticheli Road and U.S. Highway 165. Investigators state that Matthew Davis was crossing the highway from a department store to Ticheli Road, when he was struck by 57-year-old Tharris Bishop, who was northbound on 165 in a Ford Expedition.
This intersection is near an elementary school and known to be extremely busy. [Read more…] about Be Very Careful Crossing The Street
State Senator Faces Multiple Assault Charges
Orleans Criminal District Court Judge Camille Buras refused to raise the bail of a state senator who may be suffering from the lingering effects of a brain injury.
Prosecutors wanted to increase 44-year-old Troy Brown’s bail from $5,000 to $25,000 as he awaits trial on charges stemming from a November fight with a woman characterized as Senator Brown’s “side friend.” Eight months later, authorities arrested Senator Brown again, this time after he allegedly bit his wife’s forearm during an argument. He says he is “not able to recall” the details of either incident, because of memory loss issues that began when he sustained a head injury in 1991.
Louisiana Senate President John Alario (R-Westwego) said that the chamber would remove Senator Brown (D-Ascension) from all his current committee assignments; Senator Alario also suggested that Senator Brown consider resigning.
Traumatic Brain Injury
Even though over 1.7 million Americans sustain a TBI every year, these injures are frequently misdiagnosed, and as a result, often not properly treated. Many TBIs occur in motor vehicle crashes, and the disorientation and nausea/vomiting that are frequently associated with brain injuries are often dismissed as shock from the car crash. Often, victims only seek treatment for TBIs when their symptoms persist for several days and they develop new ones, like headaches, memory loss, tinnitus (ringing in the ears), and moodswings or personality changes. In time, victims eventually develop dementia-like symptoms and even die.
Motor vehicle crashes cause so many TBIs because when the vehicle comes to a sudden stop, people and objects inside the car keep moving at the same speed. It’s like being in a roller coaster: when the roller coaster suddenly swerves, the occupants keep going forward for a fraction of a second. That effect is multiplied at freeway speeds.
Crash-related TBIs, and all other brain injuries, require prompt diagnosis, aggressive medical treatment, and extended physical therapy, so victims are often entitled to significant compensation. This compensation includes money for economic damages, like medical bills, and noneconomic damages, like loss of consortium (companionship and contribution to household management).
TBIs often have life-altering consequences for victims, as well as their families and friends. For a free consultation with a diligent personal injury lawyer in Lake Charles, contact Hoffhoss Devall. Our attorneys are licensed in both Texas and Louisiana.