In some situations, it is possible for a careless driver to injure or kill their own family members and be named as a defendant in a lawsuit.
Father is involved in a fatal accident and his son dies
Local police say that the accident happened when a 43 year old male from Houma was driving his 2004 Cadillac sedan on Shrimpers Row in Dulac. He was returning from a residence in the Terrebonne area with his family. Around this time, the driver lost control of the vehicle, veered off of the side of the road, went into a ditch, through a driveway, and finally stopped on another road nearby.
Authorities believe that the child’s father was intoxicated during the fatal crash. A chemical test confirmed that the driver’s blood alcohol concentration was above the legal limit.
State police also found that seatbelts and child restraints were not used properly inside of the vehicle during the accident. A spokesperson from the Louisiana State Police Troop C said the accident happened right around 1:44 pm. When they arrived on the scene, the driver was uninjured, but his 4 year old boy died in the crash. Other family members were affected as well. His 30 year old wife was seriously injured while she was in the passenger seat. Two other children, aged 6 months and 9 years old, were hurt as well. The Terrebonne Parish coroner was present on the scene to confirm the death and arrange for transportation to the local morgue.
The surviving family members were taken to Leonard Chabert Medical Center for treatment. The child who died was in an approved restraint device, but it was not properly secured in the vehicle. The driver was booked into the Terrebonne Parish Criminal Justice Complex and charged with multiple crimes related to driving while intoxicated, improper child restraints, and vehicular homicide.
Lawsuits against the person responsible for an accident
As a general rule, the person who causes an accident will be sued to pay for all of the losses sustained by the plaintiff. In a situation where a drunk driver gets into an accident that hurts or kills a passenger, they may end up being sued by friends or family members as well as other drivers.
Drunk driving and negligence
In most states if a drunk driver is involved in an accident, they will be presumed to be at fault unless additional evidence can be used to prove they were not. This makes the defense attorney’s job extremely difficult, because even in a civil lawsuit, most juries will not be sympathetic to a drunk driver.
Get assistance after an accident
There are lawyers who practice in Houma and nearby areas who are ready to assist you. The Doyle Law Firm is available to provide advice and guidance.