Articles Posted in Motorcycle Accidents

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.

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.

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.

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.

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.

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.

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.

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.

Many of us have undoubtedly taken advantage of the recent low gas prices. At well under $2.00/gallon in January and February, gasoline consumption has skyrocketed. And as we flock in droves to our local gas stations, we expect properly working equipment; we expect safeguards. But, sometimes, these safeguards fail, exposing gas station customers to a multitude of dangers. In a recent lawsuit filed against Brothers Belle Chasse LLC and Exxon Mobil Corporation, a Terrytown man allegedly received several injuries sustained while pumping gas at the iconic “Brothers” gas station. As the petition sets forth, the plaintiff was pumping gas when the gas hose ruptured, spraying gasoline on him. The injuries primarily complained of are the alleged result of gasoline making contact with his left eye.

Such malfunctions occur when the gas station owners, managers, and attendants fail to properly maintain the protective safeguards of gas stations as required by law, oftentimes resulting in injury. In this particular instance of the Terrytown Brothers gas station, the plaintiff is alleging the gas stations’ “fail[ure] to correct a hazard, creating a dangerous condition, failing to adequately inspect and failing to warn customers.” As illustrated by this case, individuals responsible for maintain a safe environment at gas stations must adhere to regulations, and must make the effort to ensure that their stations are always operating in a safe manner.

The attorneys at Broussard & David have the knowledge and experience necessary to handle cases of this nature and will fight to obtain fair compensation for your injuries. If you or a loved one has suffered harm as a result of another’s negligence, contact the attorneys at Broussard & David to discuss your legal rights at (337) 233-2323 (local) or (888) 337-2323 (toll-free).

When an individual suffers an injury at the hands of another, it can be a devastating experience to both the individual and his or her family. It can impose unforeseen medical costs, result in an inability to work, create a dire financial hardship, or otherwise create a very difficult experience for everyone involved. But this is why we have the civil justice system: to make the victim “whole” by providing a means for obtaining legal relief against the wrongdoer.

In pursuit of fairness and equity, however, the law sometimes recognizes considerations in favor of the wrongdoer. One of the most prominent of these considerations are statutes of limitations—or, as we say here in Louisiana, “prescription”. Prescription describes the procedural device that places a time limit on a plaintiff’s right to pursue a claim. So, for instance, if you were injured as a result of another person’s negligence, you have one year to file the claim in court before prescription bars you from filing the lawsuit altogether. While there are many nuances to this general rule and different prescriptive periods for different causes of action, it generally operates in this way. As mentioned above, prescription works in favor of the wrongdoer and for good reason. It ensures that injured plaintiffs pursue their claims with reasonable diligence, it gives defendants certainty about the timing of a potential claim against them so they can adequately prepare a defense, and it keeps the lawsuit temporally close to when the injury occurred so that potential witnesses and evidence to be presented at trial are still available.

But lawsuits can sometimes get overly complicated, leading to oversights and inaccuracies by parties to the suit, attorneys, and judges. One classic instance of such an oversight is where the plaintiff names the improper defendant in the lawsuit, and in the meantime, prescription on the claim against the proper defendant runs. What happens in this situation? Do the courts let procedural rules trump the overarching goals of equity and fairness in the justice system?