A man is suspected of driving under the influence of alcohol when his car struck and killed a pedestrian in the early morning hours. Louisiana police say the fatal accident occurred at around 2:30 a.m. when the man’s vehicle struck the pedestrian as he was attempting to cross the street. The pedestrian was subsequently transported to a local hospital where he was later pronounced dead.
When police arrived at the scene of the accident they smelled alcohol on the driver as they spoke with him. They also reportedly observed him slurring his speech, not able to stand upright and unable to successfully complete a field sobriety test. Police transported the man to the station where he submitted to an alcohol test.
Tests came back showing a 0.19 percent blood alcohol reading. The legal limit in Louisiana is 0.08. The man was then processed and charged with DWI, vehicular negligent injuring and vehicular homicide.
Police have not as yet released a definitive cause for this fatal accident at this time. Nevertheless, a pedestrian has died, and the accused man stands charged with driving while intoxicated. As his case is processed through the Louisiana criminal justice system, the victim’s family may have more questions than answers. Regardless of the result of any criminal accusations, the family retains the right to turn to our civil court system to seek accountability by the filing of a wrongful death lawsuit. That type of claim would typically seek to prove that the death was caused by the negligent and perhaps even reckless conduct of the driver, allegations that should be helped by any criminal conviction obtained against the man.
Source: The Times-Picayune, “Police: Suspect in Loyola student’s vehicular homicide had .19 blood alcohol content,” Ramon Antonio Vargas, July 27, 2012