Lee M. Schwalben, M.D., J.D., LLC
Schwalben Law Firm
Lee M. Schwalben, M.D.,J.D.,LLC

Admitted to practice in law Louisiana, New York and *Florida

Lake Charles
337-494-5757

BATON ROUGE
225-763-7777

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Lee M. Schwalben, M.D., J.D., LLC

Schwalben Law Firm

Lee M. Schwalben, M.D.,J.D.,LLC

Admitted to practice in Louisiana, New York and *Florida

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Fishing trip ends in a fatal accident on Louisiana 928

| Jun 30, 2014 | Firm News, Wrongful Death | 0 comments

It is summertime, children are out of school and more people are out and about. On a recent afternoon, a father, his two children and two other men were fishing down an embankment off Louisiana 928. None of them had any way of knowing that this fishing trip would end in a fatal accident.

While the group was fishing, a vehicle was traveling on the roadway when the driver lost control of it. At about 3:30 p.m., it careened down the embankment, striking the fishers. Louisiana State Police troopers are still attempting to ascertain what caused the driver of the vehicle to lose control.

The driver was a 47-year-old woman who suffered minor injuries in the crash. The father of the children and the two family friends suffered injuries categorized as being from minor to moderate. The two children suffered the most severe injuries. Neither of them survived being struck by the out-of-control vehicle.

Officials do not suspect that the driver of the car was impaired at the time of the accident. However, in accordance with routine procedure, a toxicology sample was taken from the driver and sent for analysis. So far, no charges have been filed.

Fortunately, the father of the two children killed in this tragedy does not have to wait for authorities to determine whether to file charges to file a wrongful death claim against the driver. If it can be proved that the driver was negligent, the court may award damages that are typically awarded in a fatal accident. The father may also be able to receive financial restitution for the injuries he suffered as well.

Source: nola.com, “Two Geismar children killed after struck by vehicle on roadside while fishing“, Emily Lane, June 24, 2014

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