Louisiana State Police responded to a pedestrian accident on Highway 1024 on June 14. It was a Friday evening, and a 37-year-old man was walking along the highway in Watson, just to the east of Highway 16. The driver of an oncoming van was unable to slow down in time. The van slammed into the man. Unfortunately, the pedestrian was fatally injured, and was later pronounced dead. The driver of the van was uninjured.
]]> Police are still investigating the incident, and it is not clear if any legal liability will result. This is a somewhat unique pedestrian accident in that it occurred along a highway, not at an intersection or in a cross walk where pedestrians generally have the right of way. In such circumstanced, proving fault can be more of a challenge.Whether the family of the Denham Springs man who was killed seeks compensation or not, the accident is a reminder to all motorists to be on the lookout for pedestrians, particularly at dusk or after dark when visibility is at its lowest. When a car strikes another car, there are airbags, crush zones and seatbelts to help protect the drivers and any passengers. When someone is on foot, however, their only defense is the attentiveness and good judgment of passing motorists.
Source: WAFB, Pedestrian killed in accident in Watson, Matt Smith, June 15, 2013
]]>The accident occurred around 8 p.m. as a 36-year-old man was riding his motorcycle. At this time, he approached an intersection where a pick-up truck was approaching. At the intersection, the 61-year-old truck driver attempted to make a left-hand turn onto the road on which the motorcylce was traveling. The driver, however, failed to yield to oncoming traffic.
]]> As a result of the truck driver's error, the 36-year-old motorcyclist crashed into the pick-up truck. The force of the collision was so great that parts of both vehicles became dislodged, flung through the air and hit another truck.Sadly, the motorcyclist sustained injuries that were too severe and he was pronounced dead at the accident scene. The 36-year-old man was wearing a helmet at the time the accident occurred, but his injuries were too numerous and severe.
The 61-year-old driver of the pickup truck was not injured in the accident. He is currently facing criminal charges related to failure to yield and negligent homicide. In addition to criminal charges, it's also possible that the family of the 36-year-old man who was killed in the accident may choose to take legal action.
When a fatal motorcycle accident occurs, a wrongful death lawsuit may help grieving family members find closure. A wrongful death lawsuit may also allow family members to receive compensation that can be used to pay expenses associated with medical bills, funeral costs and lost wages.
Source: WAFB, "One man dead in three vehicle crash," Matt Smith, June 15, 2013
]]>First and foremost, make sure everyone involved in the accident is safe. This means checking on all drivers and passengers and moving a safe distance away from the accident scene and out of the way of traffic. Once all involved parties have been accounted for, it's important to report the accident and call the police.
]]> While waiting for the police arrive, drivers should exchange personal identifying information. To prevent possible fraud or mistakes, such information should be obtained from official state-issued documents such as a drivers license. Drivers would also be wise to take down license plate information and exchange insurance information.In addition to obtaining a driver's personal and vehicle information, if possible, drivers may also choose to document the accident scene. Pictures taken on a cell phone may provide clues as to how the accident occurred and can be useful in the event a lawsuit results. It's also wise to keep quiet about details related to the car accident until police arrive. Simple statements or exclamations could potentially be misconstrued and used as evidence against a driver.
Source: Insuance News, "Four Things You Need to do Immediately After a Car Accident," June 9, 2013
]]>Thankfully there are a number of over-the-counter allergy medications available that greatly reduce the adverse impact of common allergens like pollen. Drivers were recently reminded, however, that these medications are not without side effects.
]]> Officials at the U.S. Food and Drug Administration recently released a warning to U.S. drivers of the possible negative side effects of taking allergy medications. The main, and potentially most problematic, side effect of most allergy medications is drowsiness.Allergy-sufferers who take medication to control their allergies, may complain of feeling foggy and tired. While such side-effects can be annoying and disrupt with an individual's ability to think clearly and concentrate while at work, they can also be downright dangerous when driving.
Individuals who experience extreme or even moderate tiredness after taking allergy medications are at an increased risk of causing or being involved in a car accident. To combat the negative side effects, including drowsiness, of many allergy medications those taking them are advised to do so before bedtime. As always, individuals who feel overly tired while driving are also advised to find a safe place to pull over.
Source: CBS News, "FDA: Allergy medications may make you too drowsy to drive," Ryan Jaslow, June 1, 2013
]]>Upon leaving a bar at around 2:30 a.m. the 24-year-old woman was pulled over. The police officer who pulled the woman over noticed that her car was swerving. Upon submitting to a breathalyzer test, the woman's BAC was .187 or more than twice than the legal limit. She was arrested, charged with a first offense DWI and taken to the police station where she was later released.
]]> The following evening, another police officer pulled the same woman over after again noticing that the woman's car was speeding and swerving. Upon being pulled over for a second time within 24-hours, the woman pleaded with the police officer not to arrest her. This time, the woman's BAC level registered well above the legal limit at .130. She was again arrested, charged with DWI and taken to jail.Thankfully in this case the police officers were able to intervene and stop this drunk driver from seriously injuring or killing someone. Car accidents caused by drunk drivers often result in those drivers, passengers or pedestrians impacted sustaining serious and even fatal injuries. Drunk drivers should not only face criminal penalties, but also be forced to compensate those individuals impacted by their reckless and dangerous behavior.
Source: The Times-Picayune, "Woman gets 2 DWIs in 24 hours in Slidell," Healther Nolan, June 3, 2013
]]>A two-vehicle crash that claimed the life of one individual in Baton Rouge county occurred at an intersection when a car failed to stop at a stop sign. Police do not believe alcohol was a factor. The driver who died, however, was not wearing a seat belt.
]]> In another fatal two-car crash police believe the driver of a car that crossed the center median and crashed head-on into another vehicle was drinking and driving. One of the passengers killed in this crash, who was not wearing a seat belt, was ejected from the vehicle and killed instantly.
Two other fatal accidents over the recent holiday weekend involved drivers who lost control of their vehicles and crashed into trees. Again, both of the drivers who were killed were not wearing seat belts.
A common and sad theme among the majority of fatal car accidents over the holiday weekend is that those drivers or passengers killed were not wearing seat belts. These tragic accidents serve as solemn reminders to all Louisiana residents of the importance of wearing a seat belt. Not only is wearing a seat belt the law, it's also the most effective way to prevent being killed or seriously injured if involved in a car accident.
Source: Fox 44, "Memorial Day wekend sees increase in fatal crashes across Louisiana," May 28, 2013
]]>In an effort to reduce the number of drunk driving accidents, the NTSB recently announced their recommendation to lower the legal limit from .08 to .05. While some safety advocates praise and support the NTSB's recommendation, others are skeptical.
]]> Some opposed to lowering the legal limit to .05 argue that the NTSB's recommendation is politically motivated and not based on concrete scientific evidence. These individuals argue that more research and studies are needed to determine whether individuals with a blood alcohol content of .05 are indeed too impaired to drive.For now, it appears as though the recommendation was made in an effort to create awareness and discussion around the topic and to gauge potential support. It's likely, however, that such a proposal would be met with opposition in Louisiana as the state was reluctant to adopt the current federal .08 BAC limit.
Individuals who have been injured in motor vehicle accidents caused by a drunk driver often sustain serious or even fatal injuries. In such accidents, negligent drives should be held accountable and required to compensate injured victims and family members.
Source: WAFB, "NTSB recommneds lower drinking limit," Kelsey Davis, May 16, 2013
]]>A Louisiana woman recently filed a lawsuit against the Jefferson Parish Transit Authority and its insurance company in response to a motor vehicle accident in which she rear-ended a city bus. According to the lawsuit, the woman was following a city bus when the bus made a sudden stop. The rear tail lights on the bus were not working properly. As a result, the woman had no warning that the bus was stopping and she subsequently was not able to stop in time and rear-ended the bus.
]]> The woman sustained numerous injuries in the rear-end accident including those to her legs and back. She recently filed a lawsuit against the transit company in which she asserts the company is negligent in failing to ensure its vehicles were properly maintained and in proper working condition.The woman is seeking to recover an unspecified amount of damages related to the emotional and physical pain she suffered as a result of the accident. Additionally, she is seeking to recover compensation related to past and future medical expenses, lost wages and loss of earning capacity.
Source: The Louisiana Record, "Woman who rear-ended Jefferson Parish Transit Authority bus sues," Kyle Barnett, May 15, 2013
]]>The teen years are filled with excitement and many firsts. Memorable highlights often include the first day of high school, a first date and the first day a teen is allowed to drive alone. Parents often struggle with a teen's growing appetite for independence and fear for a teen's safety. Parental anxiety tends to peak when a teen obtains a driver's license.
]]> The family of a 16-year-old boy recently suffered a tremendous loss when the teen was killed in a car accident. The accident occurred when the 16-year-old was a passenger in a vehicle driven by another 16-year-old who did not have a driver's license. According to police reports, the accident occurred midday as the teens traveled along Louisiana I-10. For unknown reasons, the 16-year-old unlicensed driver loss control of the vehicle. The car careened off of the highway and hit several trees before coming to a stop.The 16-year-old boy who was killed in the accident was sitting in the backseat and was not wearing a seatbelt. Police continue to investigate the fatal accident and the 16-year-old driver will likely face criminal charges. It's also likely that the family of the 16-year-old boy who was killed will file a wrongful death claim against the negligent teen driver.
In cases where the life of a loved one is cut short due to the negligent acts of another individual, a wrongful death claim may be an appropriate means to recovering financial compensation. While no amount of money can bring a loved one back, monies awarded via a wrongful death claim can help cover expenses related to medical bills and funeral costs.
Source: WAFB, "Teen dies in crash invovling unlicensed driver," Joshua Auzenne, May 6, 2013
]]>The act of backing up a car or truck takes skill and patience. Not only must a driver make a move that's more challenging, he or she must also keep watch for approaching pedestrians and other vehicles. Failure to do so can result in serious or fatal motor vehicle accidents.
]]> A 63-year-old woman was attempting to back her car out of a private residential driveway which opens onto a street. Upon attempting to do so, the woman hit a 24-year-old motorcyclist who was passing the driveway. Police believe that the 24-year-old took evasive actions to avoid being hit by the backing vehicle. The car, however, made a quick turn and hit the motorcyclist.First responders arriving at the accident scene were unable to treat the 24-year-old's serious injuries. He was pronounced dead at the accident scene. The 63-year-old driver who hit the motorcycle was not injured in the crash. Police arrested the woman and charged her with failure to yield and negligent homicide.
In addition to the criminal charges, the family of the 24-year-old motorcyclist may also choose to take legal action against the driver. In situations where a driver's negligent actions directly contributed to the death of a loved one, a wrongful death lawsuit may be an appropriate means of recovering compensation. Unexpected accidents and deaths not only result in unimaginable emotional pain and suffering, but also financial obligations such as medical and funeral expenses and lost wages for which family members are liable.
Source: KNOE 8, "Motorcycle driver dies in crash with car on La. 40," May 9, 2013
]]>Drivers and passengers who are involved in car accidents at intersections often sustain serious and painful injuries that require medical attention and months of recovery. One man, who was involved in a car accident caused by a driver who ran a red light, recently filed a lawsuit related to injuries he sustained in the accident.
]]> The accident occured as the man was stopped at an intersection. As he attempted to make a left-hand turn the driver of an oncoming vehicle failed to stop and crashed into the side of his car. As a result of the collision, the man sustained numerous injuries for which he sought immediate and ongoing medical care.The man recently filed a personal injury lawsuit against the negligent driver citing the driver failed to keep a proper lookout. Additionally, the man contends via the lawsuit that the driver was nelgignet in running a red light and driving too fast.
The man is seeking damages in excess of $200,000 related to physical pain, disfigurement and mental anguish. Additionally, the man is seeking compenstaion related to medical expeses, lost wages and repair costs for his car.
Even seemingly minor car accidents often result in those individuals involved sustaining injuries that are more serious than initially believed. Injuries to the neck, back and spine are particularily painful and slow to heal. Such injuries often require immediate medical attention as well as ongoing physical therapy. Individuals who have been the victim of a car accident may therefore choose to seek legal advice to determine if a personal injury lawsuit may be an appropriate means to recovering compensation.
Source: Southeast Texas Record, "Man blames driver for causing collision after running light," Kelly Holleran, May 2, 2013
]]>A large percentage of car accidents occur at intersections. Such accidents readily occur when drivers fail to give other drivers the right of way or are distracted and fail to stop at a stop sign or stop light. Rear-end car accidents are also a common occurence at intersections and can result in those drivers adn passengers who are involved sustaining painful and dibilitating injuries.
]]> A woman who was rear-ended while stopped at an intersection recently filed a lawsuit against the driver who she claims is responsible for causing the accident. According to the lawsuit, the accident occurred as the woman was stopped at an intersection and waiting to make a right-hand turn. At this time, the defendant crashed into the back of the woman's vehicle.As a result of the accident, the woman suffered numerous and painful injuries for which she sought medical attention. The woman recently filed a lawsuit against the man who was driving the vehicle that rear-ended her car. In the lawsuit, the woman asserts the driver is negligent in failing to keep a proper lookout, control his vehicle, follow at a safe distance and apply the brakes in a timely and appropriate manner.
While it's not clear what factors may have contributed to this accident, it's very likely the driver who crashed into the woman was distracted. Glancing down at the radio or a cellphone for even a few seconds is dangerous and can result in a driver loosing control of their vehicle or failing to take evasive actions to avoid being involved in an accident.
Source: Southeast Texas Record, "Woman blames injuries on driver who allegedly caused rear-end collision," Kelly Holleran, May 1, 2013
]]>A motor vehicle is neither a toy nor an instrument that should be used to exercise aggression. unfortunately, some drivers fail to head warnings about the dangers of aggressive driving. In the last 20 years, stories related to so-called "road rage" have made news headlines. In some cases, aggressive driving behaviors can be directly linked to causing serious and even fatal car accidents.
]]> When encountering an overly aggressive driver, many Louisiana drivers may feel the urge to react. Emotions commonly experienced when encountering an aggressive driver include anger, fear, anxiety and rage. While it can be tempting to attempt to retaliate against such behaviors, doing so can ultimately cause an already dangerous situation to escalate.Instead, individuals who encounter an aggressive driver would be wise to back off and allow distance between their vehicle and that of the aggressive driver. It's also wise not to antagonize an aggressive driver by making certain manuevers or gestures. In some cases, such actions have led to instances where drivers and passengers were killed.
Drivers who encounter another driver whom they believe to be dangerous should immediately call 911. Drivers or passengers who have been injured in an accident caused by a driver who engaged in aggressive driving behaviors may choose to pursue legal action.
Source: Ocala.com, "Lane Ranger: Remain calm to avoid road rage incident," Andy Fillmore, April 7, 2013
]]>While age alone isn't a determining factor in whether a driver is a safe or good driver, there are ways automakers can improve motor vehicles to assist senior drivers in keeping safe. As individuals age, certain physical aches, pains and conditions can interfere with one's ability to practice safe driving behaviors. Vision changes, slowed reaction time and decreased mobility can all impact a driver's ability to safety operate a motor vehicle.
In response to the growing number of and demand from senior citizens, the NHTSA has called upon automakers to step up. Officials have proposed a rating system which would effectively provide a grade for any car deemed a "silver car". Specific requirements related to obtaining a silver car rating have not been announced, but it's likely that safety features such as lane assist and parking sensors would be included.
Our Louisiana law firm helps individuals who have been injured in car accidents. Our attorneys fight for the rights of injured men, women and children to ensure they receive just compensation for their injuries.
Source: MSN, "NHTSA wants to highlight safety features for senior drivers," James Tate, April 8, 2013
]]>In an attempt to keep teens safe and stop underage drinking and driving, Louisiana safety officials are calling upon parents. Springtime celebrations such as prom and graduation often revolve around parties and social gatherings. It's important, however, that parents take steps to ensure teens present at such events are not drinking alcohol or taking any illegal drugs.
The legal drinking age in Louisiana is 21 years old. No exemptions to this rule are allowed and teens or parents found in violation of teen drinking laws are subject to fines and criminal charges. Additionally, regardless of age, it's illegal to drink alcohol and operate a motor vehicle. Parents and teens who fail to abide by these two important safety laws run the risk of being involved in serious or even fatal car accidents that could potentially turn a joyous occasion into a nightmare.
Source: Tri-Parish Times & Business News, "Our View: Be smart this prom season; don't drive drunk," April 16, 2013
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