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Fatal accident driver has history of driving under the influence

On Behalf of | Jan 19, 2015 | Wrongful Death

Louisiana drivers who consume alcohol and then get behind the wheel of a car often believe that they are able to control their vehicles. Many more people, however, understand that this is really just a false sense of security, since alcohol can lower inhibitions and cloud a person’s judgment. Drivers may get lucky and get to their destination without incident, but repeated instances only increase the odds of causing a serious or fatal accident.

One Louisiana man’s luck seemed to have run out when he was involved in a crash at approximately 7:30 p.m. on a recent Thursday. Preliminary reports regarding the accident say that the driver did not stop at an intersection, even though he had a stop sign. As his vehicle careened through the intersection, it slammed into another vehicle already in the intersection.

The 50-year-old woman in the other vehicle suffered fatal injuries and died at the scene. Further investigation into the man’s background revealed that he was set to go to trial on an open container charge in about a month when the crash happened. Moreover, he has two prior driving under the influence convictions — one from 2005 and the other from 2012. He now faces charges of OWI, vehicular homicide and failing to obey the stop sign. He was also driving on a suspended license.

The family of the victim retains the right to file a wrongful death claim in connection with the fatal accident. In such an action, it is necessary for the family to prove the other driver was negligent and that his actions led to the death of their loved one. Any conviction secured by prosecutors in connection with her death may be used in the civil case to establish negligence. If the court is satisfied that he contributed to the proximate cause of her death, an award of damages may be considered.

Source: katc.com, “UPDATE: Driver in Broadmoor fatal scheduled for trial next month in open container case”, Jan. 8, 2015

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