Lee M. Schwalben, M.D., J.D., LLC
Personal Injury Law
Admitted to practice in Louisiana, New York, New Jersey and *Florida
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Impairment suspected in Louisiana car accident

A recent tragedy gave the Louisiana State Police the opportunity to remind drivers of the dangers of driving under the influence even though it is not yet clear whether the presumably at-fault driver was impaired.  The results of a toxicology sample are pending.  The same driver died from injuries suffered in the car accident.

The wreck occurred on Interstate 10 close to Louisiana 641.  A car driven by the man troopers believe was impaired drifted into the cable barrier of the Interstate's median.  Reports indicate the car followed the barrier until it ended, at which point the car crossed the median into oncoming traffic.  The vehicle then slammed into a vehicle that spun into an International box truck. 

Miraculously, the driver of the second car did not suffer any injuries.  The driver of the box truck was not as fortunate and suffered injuries described as being somewhere between moderate and serious.  That driver's current condition is not known. 

The driver of the box truck may be entitled to workers' compensation benefits.  Those benefits often cover medical costs and lost income.  However, workers' compensation may not cover all of the losses potentially incurred by the injured driver.

It may be beneficial to file a personal injury claim against the estate of the driver -- or drivers -- deemed responsible for the box truck driver's injuries in the car accident.  If the claim successfully establishes negligence on the part of the deceased driver, the court may award damages to the injured driver.  Any award received could include damages not recoverable through workers' compensation, including pain and suffering occasioned by the tragic accident.

Source: nola.com, "New Orleans man killed in crash on I-10 early Saturday morning in St. James Parish", Emily Lane, Sept. 6, 2014