Articles Posted in Car Wreck

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One person killed and five injured on November 7, 2009 in a Natchitoches, Louisiana car wreck on Louisiana Highway 117. The driver of a 1997 Ford Crown Victoria lost control of his vehicle and left the roadway to the right, then overcorrected and traveled across the center line and crashed into a 2005 Chevrolet Trailblazer. One passenger in the Ford Crown Victoria was not wearing his seat belt and was killed. Five others were injured. The driver of the Ford Crown Victoria was charged with four counts of vehicular negligent injury, DWI 4th offense, reckless operation, vehicular homicide, open container, and operating a vehicle with a suspended driver’s license.

According to the Centers for Disease Control and Prevention, 36 people in the United States die every day in motor vehicle accidents involving an alcohol-impaired driver, and approximately 700 more people are injured. 32% of all traffic fatalities (13,470 people) in 2006 involved drunk drivers. Children were especially effected with nearly one-half of all auto accident deaths of children 14 or younger caused by drivers over the legal limit. Never drink and drive!
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A Justice of the Peace Constable for Monroe, Louisiana, who is also a former Ouachita Parish Police Juror, was involved in car wreck on October 26, 2009, on Louisiana Highway 151 near its intersection with Louisiana Highway 546. The Constable’s car crossed the center line during a rain storm and collided head-on with an oncoming truck being operated by a Ruston, Louisiana man. The Constable suffered serious injuries and the other driver suffered moderate injuries. The auto accident occurred less than one mile from the Constable’s home.

Under Louisiana law, a driver whose vehicle crosses the center line of a highway and collides with another vehicle in that vehicle’s lane of travel is presumed to be at fault in causing the car accident. If the Constable was at fault in causing the auto accident, and if the Constable was in the course and scope of his employment at the time of the wreck, his employer may be vicariously liable for any injuries and damages caused by his fault.
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Louisiana injury attorney, Randy A. Piedrahita, of the Baton Rouge, Louisiana personal injury law firm of Dué Guidry Piedrahita Andrews Courrege L.C., obtained a final judgment for a $776,944.13 jury verdict against a driver who struck a police officer with his truck at slow speed while the police officer was attempting to arrest him. The truck driver and his employer asserted numerous legal defenses, including a claim that the police officer assumed the risk of injury because he chose to arrest the defendant, which were overcome in the trial court and on appeal. The police officer received a cervical surgery and was able to return to work in a different law enforcement job.
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Kirk Guidry and Scott Andrews settled a product liability case involving multiple burn injuries and deaths from a fuel-fed fire for a confidential amount. On August 6, 2002, five passengers were severely burned and two of them died from their severe burn injuries after their 2000 Chrysler/Plymouth Grand Voyager mini van (NS body 1996-2000) climbed upon and straddled a metal guard rail on Interstate 55 (I-55) in Kentwood, Louisiana, after sustaining a tire blow-out. A metal I-beam supporting the guard rail sliced the mini van’s unprotected high density polyethylene fuel tank which was located forward of the rear axle.

The Baton Rouge, Louisiana burn injury lawyers at Dué Guidry Piedrahita Andrews Courrege L.C. brought a product liability action under the Louisiana Products Liability Act, La. La.R.S. 9:2800.51, et seq., against the mini van’s manufacturer, DaimlerChrysler Corporation, alleging that the numerous skid plates, metal shields and other protective devices used on many all wheel drive vehicles and most SUVs are designed to prevent fuel tank puncture from guard rails, road debris, curbs, sign posts, etc., and were capable of preventing the fuel-fed fire that caused plaintiffs’ injuries, and therefore should have been incorporated into the design of the mini van’s fuel system. A claim was also brought against the State of Louisiana, through the Department of Transportation and Development for the unreasonably dangerous condition of the metal I-beams supporting the guard rail.
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After an automobile accident in Baton Rouge, the plaintiff had back surgery and a follow-up surgery to correct a complication due to movement of the bone graft. Liability was hotly contested by State Farm Mutual Automobile Insurance Company and it mounted a vigorous defense on injury causation, arguing that the “low-speed impact” could not have caused the plaintiff’s injuries. Baton Rouge, Louisiana trial lawyer, Randy A. Piedrahita, explained to the jury through expert witness testimony that in collisions involving pick-up trucks, property damage estimates are misleading, and Randy demonstrated exactly how the plaintiff’s back injury correlated to his seating position at the time of the low-speed impact.

After a five day jury trial, the jury awarded over $830,000 to the car wreck victim, which was reduced by 25% for his comparative fault. State Farm settled the case after trial for $755,985.
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Kirk Guidry and Scott Andrews of the Baton Rouge, Louisiana personal injury law firm of Dué Guidry Piedrahita Andrews Courrege L.C. completed a $1,500,000 settlement with a trucking company and trailer manufacturer for a defective underride guard. The accident occurred on Interstate 10 in Ascension Parish, Louisiana, when an automobile struck the rear of a moving tractor – trailer at high speed. The trailer was equipped with an ICC underride guard which improperly broke or deformed and allowed the automobile to travel an excessive distance under the rear of the trailer. This excessive underride allowed passenger compartment intrusion and resulted in multiple facial injuries to the driver, and rendered him blind.
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In Berg v. Zummo, 2000-1699 (La.4/25/01),786 So.2d 708, the Louisiana Supreme Court in a 4-3 decision held that the liability of a vendor of alcoholic beverages who sells or serves alcohol to a person under the legal drinking age is determined under La.Civ.Code arts. 2315 and 2316 using the traditional duty/risk analysis rather than under La.R.S. 9:2800.1. Under this analysis, the vendor owes a duty to refrain from selling or serving alcohol to a person under the legal drinking age, and if the other requirements of breach, causation and damages are proven, then the vendor will be liable even if the vendor does not commit an additional affirmative act, such as unreasonable ejectment from the premises, that increases the peril of the intoxicated patron.

The Supreme Court further held that punitive damages under La.Civ.Code art. 2315.4 cannot be assessed against a vendor of alcoholic beverages for selling or serving alcohol to an intoxicated person whose intoxication while operating a motor vehicle causes injury.

The plaintiff, Berg, was injured during an altercation with Zummo and his companions and was then struck by Zummo’s truck as Zummo left the scene. Berg filed suit against Zummo and his insurer, Zummo’s companions, and a bar that sold Zummo alcohol immediately before the altercation (The Boot). All defendants except The Boot settled.

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