Articles Posted in Car Accident

According to an article on the townwalk.com, 28 year old Deborah Parker of Elizabeth was killed in a single vehicle accident on the morning of February 18th. According to state police, the crash occurred at the Rapides-Allen parish line at about 7:30 in the morning. Jason B. Mancil, driving a 2004 PT Cruiser, lost control of his vehicle and ran off the left side of the road, hitting a tree. Both Mancil and his passenger, Parker, were not wearing seatbelts. Mancil suffered only minor injuries while Parker was pronounced dead after being taken to Oakdale Hospital. The case is still under investigation, but Mancil has been cited for careless operation.

A situation like this one where a passenger has been killed in a one vehicle automobile accident can create difficult legal issues due to the relationship between the parties (and their survivors).

Under Louisiana law, the person at fault for an auto accident, and their insurance company, is responsible the damages caused by the accident. A party not responsible should not suffer at all financially because of the accident. In addition, if someone has been killed due to another party’s negligent behavior, their survivors may pursue a wrongful death lawsuit. To prove negligence the defendant must have owed a duty to the plaintiff, breached the duty, and the damage (in this case, death) must have naturally and forseeably resulted from the breach.

In the morning hours of February 10th, a big rig trying to make a U-turn outside of Emmerson’s Food Mart on State Highway 57 caused a potentially dangerous oil spill. The 18-wheeler snagged the awning above the gas pumps, knocking one over. The overall damage caused by this mere snag is staggering. Approximately 150 gallons of diesel fuel spilled out onto the parking lot and ditch area of the gas station. Almost 30 gallons of super unleaded gasoline also spilled from the pumps.

Haz-mat crews spent the morning cleaning up the mess. Although no drinking water was contaminated and no roads were obstructed, the gasoline traveled downhill into a drainage ditch and small fish were killed.

Unfortunately the driver did not stop after the accident but continued onto the highway. As reported by the Shreveport Times on their website:

As reported by the Advocate and WBRZ News Louisiana, police now have a suspect in the hit and run that killed 20 year old Mikel Carson on January 31st. According to an arrest warrant, Christian J. Cvitanovich of Melairie is wanted for striking down Carson with his 2005 Ford Expedition. At the time, Carson was walking down 1-10 to check on a woman involved in an unrelated vehicle crash.

According to the article,

Investigators with the Police Department’s Traffic Homicide Unit were told on Feb. 4 that the Expedition had been taken to a Metairie body shop… with the assistance of the Jefferson Parish Sheriff’s Office, the vehicle was impounded that afternoon and returned to Baton Rouge for further examination.

Recently, in Lafayette, Louisiana, The Advocate reports that “local bars . . . allegedly sold alcohol to [two] underage drinkers, both of whom later died in separate and unrelated incidents.” An obvious tragedy, the matter serves as a stunning reminder that liability for businesses goes beyond what happens on their property. When a bar serves alcohol to a minor, it can be held legally liable for the ensuing injuries and harm to the minor.

If a bar —or any other liquor retailer— serves alcohol to a minor, determining whether the bar is liable for the minor’s ensuing harm is a difficult and tricky process. This article is intended as an introductory guide to help you better understand your legal rights and whether you should seek legal representation.

A bar has a duty to not serve alcohol to minors. If the bar negligently breaches that duty, it will be held liable for the harm caused to the minor when it is both (1) a cause-in-fact and (2) a legal cause of the underage drinker’s resulting harm.

As reported in an article on nwlanews.com, Randy Campbell of Doyline is in stable condition at Louisiana State University Medical Center after surviving an automobile accident on I-20 near U.S. Hwy 532. The accident occurred early in the morning of February 9th. According to an eyewitness account, Campbell was headed eastbound when an 18-wheeler allegedly ran him off the road, causing him to come to a stop in a ditch facing the other direction.

Rescue teams were dispatched to the scene, and Campbell had to be cut out of his 2008 Ford Pickup. Police are on the lookout, but have not yet located the rig responsible for the accident.

In a situation like this one, who will pay for the damages created?

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