Motorcycle Accidents

Bicycling Teen Killed By Speeding Motorist

December 15, 2015 | by Broussard, David & Moroux

A Gonzales man is being charged with negligent homicide over the death of a Baton Rouge high school freshman last Wednesday.

On December 9, Brennan Rube, 14 years old of Prairieville, was bicycling on LA-73 when he was struck by a 2000 Dodge truck driven by Joshua Ashford, 26-years-old of Gonzales. The force of impact flung Rube from his bicycle. He was not wearing a helmet and died at the scene. The crash happened around 6 p.m., according to Louisiana State Police.

Both vehicles were traveling in the same direction and Rube was struck by the front right side of Ashford’s truck. According to the police report, Ashford was speeding on a road with a posted speed limit of 45 miles per hour. Police do not suspect Ashford of being impaired at the time of the accident, however a routine toxicology test is pending.

Two Motorcyclists Pronounced Dead After Collision with 18-Wheeler

December 8, 2015 | by Broussard, David & Moroux

A three-vehicle crash in Delcambre resulted the death of an uncle and nephew from Abbeville, according to police reports.

On November 26, 2015, Jones Mitchell and Gerald Mitchell were traveling west on Suzuki motorcycles on LA 14 and approaching an east-west crossover. An 18-wheeler, driven by Earnest Comesana Jr., was traveling east on LA 14 and approaching the same crossover. Comesana turned left into the crossover to begin traveling east and the Mitchells were unable to avoid colliding with Comesana’s trailer as it entered their lane of travel.

Although the Mitchell’s were wearing Department of Transportation-approved helmets, both received fatal injuries as a result of the collision and were pronounced dead at the scene by the Iberia Parish Coroner’s Office. Comensana was properly restrained at the time of the crash and received no injuries.

Failure to Yield Leaves One Dead

December 1, 2015 | by Broussard, David & Moroux

Failure to obey a stop sign and suspected driving under the influence has lead to the death of a Ventress man last Friday.

Louisiana State Police has not completed its investigation, but according to initial findings, 27-year-old Nicholas Porche was driving westbound on Section Road in a white Sierra while Michael Holmes, 53-years-old of Ventress, was driving south on Beuche Road in a red F-150 around 5:30 on Friday, November 20. The crash took place at the intersection of both roads near Erwinville.

According to officials, Porche ran the stop sign at the intersection of Beuche and Section, causing the accident. Holmes was pronounced dead at the scene by the West Baton Rouge Coroner’s Office. Porche was wearing his seat belt at the time and received minor injuries, but refused aid.

Man Responsible for Vehicular Homicide Sentenced

November 9, 2015 | by Broussard, David & Moroux

A drunk driver that caused an accident which lead to a man’s death was sentenced in Calcasieu Parish last Wednesday.

On September 27, 2014, Derek Paul Cooper was driving eastbound in the westbound lanes of I-10 in the Sulphur area. He had a blood alcohol level of .24, three times the legal limit. He collided with a car driven by Jeremy Olivier, age thirty-one, who died as a result.

At Cooper’s sentencing on Wednesday, Judge Ron Ware ordered Cooper to 18 years in prison, with three years suspended and credit for time served. Judge Ware also ordered that the first five years of the sentence be served without benefit of probation, suspension, or parole. Cooper will be on supervised parole for 2 years following his release.

Three Vehicle Crash Claims Life In Baton Rouge Area

October 27, 2015 | by Broussard, David & Moroux

A stop to check a tow strap turned fatal when the two vehicles were hit by a third on Monday, report State Police.

53-year-old Timothy Bird and 22-year-old Delvonte Wiley, both of Port Allen, were towing a 2005 GMC Yukon behind a 2000 GMC Sierra. They had stopped in the left westbound lane of US 190 just west of US 61 Baton Rouge to check on the tow strap between the two vehicles when a third vehicle, driven by 33-year-old Chauntel Barnett of Denham Springs, crashed into the Yukon.

The force of the impact caused the Yukon to buck forward, striking Bird, who had gotten out of the Sierra to check the tow strap. Bird was taken to Our Lady of the Lake Regional Medical Center and later pronounced dead. Neither Wiley nor Barnett were injured, according to State Police Trooper Bryan Lee.

Car Strikes UL Student In University Avenue Crosswalk

October 19, 2015 | by Broussard, David & Moroux

A University of Louisiana at Lafayette student was crossing University Avenue last week when she was struck by an oncoming motorist.

The student, whose name has been withheld, was in the crosswalk when she was struck, reports Cpl. Paul Mouton. The driver had made a left from McKinley Street onto University when the two parties collided.

The student received minor injuries to her leg and was taken to a local hospital. The driver received a ticket for failing to yield to pedestrians in a crosswalk.

Louisiana Woman Sues Trucking Company for Negligence

October 5, 2015 | by Broussard, David & Moroux

A Louisiana woman is suing an out-of-state trucking company, and its employee over injuries sustained in a two-vehicle incident occurring last year.

Diamond Virgil filed suit against Merrill G. Bush, McLane Trucking, Inc., his employer, and the Insurance Company of Pennsylvania for injuries allegedly sustained as a result of the defendants’ negligence.

Virgil’s complaint states that she was driving eastbound on LA-48 on September 26, 2014, and had stopped at a red light at the intersection of LA-48 and Williams Boulevard. It was at this time that she was rear-ended by Bush’s vehicle, which struck with such force that it pushed Virgil’s vehicle into the intersection.

Teen Killed After Being Struck by Drunk Driver, Another Injured

August 18, 2015 | by Broussard, David & Moroux

Eighteen-year-old Richard Billingsley of Prairieville was pushing a disabled vehicle off of the highway when he was hit by a speeding vehicle operated by a drunk driver. Billingsley was pronounced dead at the scene on LA 42 west of LA 44 in Ascension Parish. The intoxicated operator, 41-year-old J. Thomas Bowers, suffered no injuries.

Prior to the accident, Billingsley was riding with an unidentified woman when the SUV they were riding in broke down. Authorities reported that the driver turned on her emergency flashers and Billingsley got out to push the vehicle off to the side of the road. Unfortunately, according to the report, Bowers was traveling east on LA 42 and did not stop, striking Billingsley while traveling above the speed limit. The SUV driver received minor injuries while Bowers, despite not wearing a seat belt, was unharmed.

After Louisiana State Police arrived at the scene, Bowers refused to submit to a breathalyzer and was taken to St. Elizabeth Hospital a blood sample was obtained. Bowers was charged with vehicular homicide, DWI, vehicular negligent injuring, reckless operation, open container, speeding, and not wearing a seat belt. This is Bowers’s second DWI offense.

Drunk Driving Believed to Have Claimed 3 Lives

August 4, 2015 | by Broussard, David & Moroux

Two different drunk driving accidents claimed three lives in Louisiana this week. The first accident occurred in the town of Loranger. Bruce Pierre was driving his vehicle on Hwy. 40 with Charles Harper in the passenger seat. The police report states that Pierre was speeding when he collided with the end of a utility trailer being hauled by a pickup truck. The vehicles collided with such force that Harper, who was not wearing a seatbelt, was ejected from the vehicle and pronounced dead at the scene.

After arriving on the scene, authorities gave Pierre a blood sample test, which he failed. He was arrested for DWI, vehicular homicide, careless operation, and driving without a license. The driver of the pickup truck was not inebriated.

The second accident occurred in Washington Parish and resulted in the death of both parties involved, 84-year-old Marjorie Orr and 35-year-old Justin Farley. Police reported that Farley, who was believed to be inebriated at the time of the crash, veered off the road after missing a turn, overcorrected, and hit another vehicle in which Orr was a passenger. The impact was enough to tear Farley’s vehicle in two and eject him from the vehicle, despite the fact that he was wearing a seatbelt.

Man Injured Racing Go-Karts Sues Track Owner

June 5, 2015 | by Broussard, David & Moroux

A Gretna man was thrown from his go-kart while racing through a track curve and collided with the pavement. The individual claims that the vehicle he was riding in hit rocks and other debris located on the track, which caused him to be ejected at a speed which caused him significant injuries. The injured racer brought suit against NOLA Motor Club LLC, as well as others, alleging vicarious liability as well as numerous failures on the part of the company and its staff.

The root of all Louisiana liability law is the somewhat oddly phrased Article 2315 of the Civil Code. “Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it.” Essentially, this means that if you perform an act that damages someone else you are required to right those damages. However, real life is rarely so clean cut and to the point. Almost every phrase of that sentence can be muddied by circumstance. What if someone else acted with you? What if the injured person also played some part in the act? What if it is unclear whether or not it was your specific act that actually injured the person? Thus, the law had to be broken down further into neater categories.

The vicarious liability theory applicable to this go-karter’s case would be that of employer liability. Article 2320 states, albeit also somewhat antiquatedly, “Masters and employers are answerable for the damage occasioned by their servants and overseers, in the exercise of the functions in which they are employed.” As such, NOLA Motor Club is responsible for the action, or lack of actions, of their employees that cause injury to someone as long as such performance was within their normal duties as an employee. This is why it is important for companies to advise and train their employees with the greatest of care. However, sometimes even the most rigorous and stringent training cannot prevent some injuries from occurring. Even so, an employer by their very nature takes responsibility for the acts of its employees that occur during normal operations.