Articles Posted in Car Accident

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The roadways are a dangerous place for any individual, regardless if they are driving or merely a pedestrian. Because of environmental dangers as well as a wide variety of mechanical and human errors that can occur as cars drive across this country, it is important to understand the complexities of the law. Accidents involving pedestrians and cars happen all too often and the law does not entirely back the pedestrian in all incidences.

According to the St. Mary and Franklin Banner-Tribune, a pedestrian was struck and killed by an automobile on Saturday April 10th while walking along the U.S. 90 Service Road in western St. Mary Parish. The pedestrian was Danny Gautreaux, 52, of Patterson. Mr. Gautreaux was walking eastward on the westbound lanes of the U.S. 90 at Penn Road around 9 p.m. when he was struck by a 68 year-old woman driving a 2001 Ford Taurus. Louisiana State Police spokesperson Stephen Hammons took the occasion to remind pedestrians that Louisiana state law demands that they walk on sidewalks where sidewalks are provided. When there is no sidewalk, pedestrians are expected to walk on the shoulder of the road against the flow of traffic. Gautreaux was walking in the traffic lane when he was struck. He was pronounced dead at the scene by the St. Mary Parish Coroner. A press release reveals that Gautreaux was believed to be walking from his vehicle which had run out of gas near the site of the crash.

Pedestrians should note that they do not always have the right of way. Under Louisiana law (R.S. 32:211) pedestrians have the right of way in crosswalks whether traffic-control signals are in operation or in place or not. Vehicles are expected to slow down or stop to yield to a pedestrian within a crosswalk but the law also provides that it is unlawful for pedestrians to “walk along and upon an adjacent roadway” where sidewalks are available (R.S.32:215). Where there are no sidewalks, pedestrians walking along a highway are expected to walk only on the left side of the roadway or its shoulder facing approaching traffic. Even if a vehicle happens to break down or run out of gas, pedestrians should not engage in soliciting rides or help by standing in the roadway. (See R.S. 32:216).

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In Mallett v. McNeal, 939 SO.2d 1254, 2005-2289 (La. 10/17/06), the Supreme Court of Louisiana held that an unconditional payment of a property damage claim constitutes an acknowledgement sufficient to interrupt prescription. Thus, for example, an insurance company’s tender of an unconditional payment to an injured third-party claimant is an acknowledgement, and this acknowledgment interrupts prescription. In appropriate cases, Mallett may be of assistance to plaintiffs’ attorneys, who file actions to help injury-victims recover against tortfeasors and insurance companies after the victim’s case has prescribed on its face.

The Court’s holding in Mallett was based upon two consolidated cases. In the first case, plaintiff Jason Mallett (“Mallett”) suffered injuries on January 8, 2004, when his vehicle was struck from behind by defendant Paola McNeal (“McNeal”). McNeal carried an automobile liability policy issued by defendant United States Automobile Association (“USAA”). In November 2004, USAA issued two checks to Mallett: the first for payment of property damage, and the second for additional repairs. On February, 2005, more than a year after the accident, Mallett filed suit against McNeal and USAA, claiming damages for injuries. Because the one year prescription period had run on its face, Mallett’s claim would have been barred, unless USAA’s November 2004 payments interrupted the prescriptive period.

In the second case, plaintiff Charles Richey (“Richey”) was involved in an automobile collision with defendant Kameron Dixon, who was driving a car owned by Keith Dixon (“Dixon”). Dixon was insured by defendant Infinity Insurance Company (“Infinity”). Following the collision, Infinity issued a check to Richey and stated that the check represented payment for the total loss of Richey’s vehicle. Before the end of the prescriptive period, Richey filed suit in an improper venue. Under Louisiana law, if an action is commenced in an improper venue, prescription is interrupted only as to defendants served with process within the prescriptive period. Unfortunately for Richey, no defendants were served before the end of the prescriptive period. Therefore, Richey’s claim would have been barred, unless Infinity’s issuance of checks had interrupted the prescriptive period.

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A February 1996 car accident led the First Circuit Court of Appeals of Louisiana to find that testimony indentifying an ample history of car accidents near a sharp curve in Addis, Louisiana, established that the curve had presented a problem for a significant period of time. The Court found that the testimony was sufficient to support a finding of constructive notice of a problem with the roadway to the Louisiana Department of Transportation and Development (DOTD). Constructive notice, one of the requirements necessary to find an entity responsible for a faulty element, is highly essential when trying to prove responsibility after an accident or incident involving injury.

Around 7:45 p.m. on the evening of the accident, Jerry Goza was traveling westbound on Louisiana Highway 989-1. While traveling, he came upon a sharp curve at the point where Highway 989-1 intersects with Highway 989-2. Goza’s vehicle ran off the roadway into a cane field, eventually running into a ditch, striking a culvert, and flipping over. Goza sustained serious injuries requiring surgery and rehabilitative treatment.

Goza filed a suit for damages against the DOTD alleging that the design, construction, and signage of Highway 989-1 were defective. Following a four-day jury trial, a verdict was rendered in favor of Goza, and the DOTD was allocated twenty five percent fault. The DOTD filed a motion for a judgment notwithstanding the verdict (JNOV). The trial court granted the motion in part, amending the jury’s award of damages, but maintaining the awards and fault allocations rendered by the jury. The DOTD appealed both the original jury verdict and the JNOV.

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Louisiana law requires motorists to carry liability insurance on any automobile they own. This coverage pays for property damages or personal injury for which you may be legally responsible. Unfortunately, not everyone on the road has insurance. However, insurance companies have built in protection for drivers that are injured by an uninsured/underinsured motorist.

In 1999, Carol Tedeton was injured during her employment with an automobile service station. She was hit by a minor without adequate car insurance. To recover for her injuries, Carol argued that she was covered under the garage’s uninsured/underinsured motorist (“UM”) policy.

Under La. R.S. 22:1406(d), any person who enjoys the status of insured under a Louisiana motor vehicle liability policy which includes uninsured/underinsured motorist coverage enjoys coverage protection simply by reason of having sustained injury by an uninsured/underinsured motorist.

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Folsom Police responded to calls recently reporting an erratic driver on Highway 25. Unfortunately they were not able to get to the scene before the dangerous driving led to an accident. The driver at fault, Lesley Myers of Angie, was reportedly traveling south through Folsom at high speeds when his 1993 Pontiac Bonneville crashed into a horse trailer near the intersection of HIghway 25 and Broadway Street and then struck a northbound truck.

According to an article in the St. Tammany news, this was no ordinary traffic accident. In fact,

When the call came in, it was reported that Myers was in possession of a gun and that he was holding the firearm as he stood in the center of La. 25.

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Schools Tackle Prom Drinking Risk

Schools around the country attempt to confront the issue of student drunk driving, especially in the spring around prom season. One way to try to prevent teen drinking and driving is to talk to kids about the dangers while they are still young. Many high schools bring in a speaker, often a family member of someone killed by a drunk driver, or even a sorrowful drunk driver himself. There are also a variety of groups dedicated to educating young people about the dangers of alcohol and automobiles. Groups such as Mothers Against Drunk Driving and even student groups of Students Against Drunk Driving can help spread this message to students.

But a Baldwin high school, West St. Mary, located in St. Mary Parish, chose an even more attention-grabbing method. Instead of an assembly, the school involved students, Baldwin fire rescue workers, St. Mary Parish Sheriff’s deputies, Louisiana State Troopers and even a hearse from a local funeral home to put together a mock car accident.

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Car accident claims often hinge on whether or not the defendant owed a duty to the injured party. If a duty was owed, it was breached, and the breach caused an injury, liability for negligence exists. However, if there was no duty, the claim is cut off.

The important question is then, when does a duty exist? Generally speaking, people and entities have a duty to act reasonably in every particular circumstance. Reasonableness can be difficult to define and it often depends on the relationship between the parties. For example, a taxi cab driver may have a duty to exercise more care in driving their fares than someone dropping a friend off at work. Sometimes state or federal laws and regulations help to define when a duty exists. If a party has violated a legally defined duty, bringing a successful negligence claim against them may be easier.

One such instance of a legally defined duty applies to those that operate commercial vehicles. According to Regulations issued by the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration, “extreme caution” must be taken when commercial vehicle drivers find themselves in treacherous road conditions.

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Most parents probably get a little nervous when their teens take to the road, and for good reason. Teenage drivers are often very dangerous behind the wheel. In addition to their inexperience, teen drivers are more likely to succumb to the supposed “thrill” of risky behaviors like drunk driving, driving at night, distracted driving due to cell phones or usage of MP3 players, etc.

Statistics confirm parental apprehension. According to one insurance provider, each year:

More than 400,000 teens between 16 and 20 are severely injured in car accidents, and more than 5,000 lose their lives. Despite the very small percentage (10%) of the population that teenagers account for, teenage car crashes actually account for 12 percent of fatal car accidents.

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On Friday, March 19, a police checkpoint in north LeFourche surveyed over 200 cars on La. 20 in Chackbay between 10 p.m. and 4a.m. according to a Daily Comet article. The checkpoint caught three DWI offenders and cited nine open-container violations.

Sobriety checkpoints are legal in the state of Louisiana. Many residents see being stopped momentarily by the police as a small inconvenience to endure in order to deter alcohol impaired driving. The state of Louisiana employs many aggressive drunk-driving policies. Louisiana requires an ignition interlock for all first time DWI offenders and has strict policies for parents and other persons contributing to the intoxication of minors.

Despite Louisiana’s tough policies when it comes to drunk driving, according to the National Center for Statistical Analysis, 37% of traffic fatalities in Louisiana were alcohol related in 2007.

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Reports of drivers arrested for DWI, or “driving while intoxicated,” should serve as a reminder of the substantial duty imposed by the law on drivers to operate their vehicles in a safe manner. Motor vehicle operators owe a duty of care to all other drivers, passengers, and pedestrians to take reasonable care to avoid harm or injury. Some common breaches of this duty include driving too fast for conditions, failing to keep a proper lookout for other traffic, failing to observe traffic signals or markings, and driving while impaired by alcohol or drugs.

Two recent reports from Houma Today involve drivers who operated their vehicles while “under the influence” in Terrebonne Parish. The first involved Jeffrey Trahan of Gibson, Louisiana, who on March 22 received a five-year prison sentence for his role in a deadly car crash one year prior. According to police, on March 22, 2009, Trahan drove his 1996 Honda Accord on North Bayou Black Drive in Houma where he ran off the road into a ditch. Trahan’s car flipped over, ejecting both Trahan and Donald McInnis, his passenger. McInnis, 17, who was also from Gibson, was pronounced dead at the scene of the accident. According to prosecutor Juan Pickett, Trahan tested positive for marijuana and Xanax, a prescription anti-anxiety medication that can adversely affect driving. Trahan pleaded guilty to vehicular homicide and will be required to serve at least three years in jail without parole.

In the second report, James McDowell III of Baton Rouge was arrested in Thibodaux on March 24 for a fifth-offense DWI. At approximately 1:30 AM, a Louisiana state trooper observed McDowell swerving across lanes on La. Hwy. 308 near Bubba’s II Seafood Restaurant. The trooper charged McDowell with improper lane use, driving with a suspended license, and having an open container of alcohol in his car. McDowell had a blood-alcohol content of .052. While the state legal limit is .08, the trooper arrested McDowell because he had reason to believe that McDowell might have been under the influence of another substance. McDowell was taken to the Lafourche Parish jail.

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