WBRZ reported a 45-year-old Raceland woman was arrested after striking multiple juveniles with her vehicle while reportedly impaired Friday evening.
According to Louisiana State Police, Troopers responded to a single-vehicle crash involving five pedestrians on Island Road south of LA 665 around 6:00 p.m.
The impaired driver was reportedly traveling south on Island Road in 2003 Ford F-150. Through the initial investigation, State Police determined she entered a right curve in the roadway, crossed the centerline and ran off of the roadway to the left.
The driver’s vehicle struck four juveniles and one 17-year-old after running off the roadway. The five were fishing just past the shoulder off the roadway.
Three of the pedestrians received moderate to serious injuries and were flown to University Medical Center in New Orleans for treatment by Acadian Ambulance Air Med. The remaining two pedestrians were transported to Terrebonne General Medical Center by Acadian Ambulance Service with minor injuries.
The driver was not injured in the crash and was wearing her seat belt. She showed signs of impairment on scene and was placed under arrest. The driver provided a breath sample which showed her to be over the legal limit of .08g% BAC.
All motorists have a duty not to drive while intoxicated. However, a finding of intoxication, even gross intoxication, does not mandate a finding of liability, and is merely a factor to be considered under Louisiana’s comparative negligence scheme.
Therefore, in order to recover, the plaintiff must prove that the defendant is a cause in fact for the injuries sustained. Once causation and liability are determined, the plaintiff must prove damages.
Generally most motor vehicle accidents involve only general and special damages. Theses damages include medical bills, lost wages, pain and suffering, etc.
In addition to general and special damages, exemplary (punitive) damages may be awarded upon proof that the injuries on which the action is based were caused by a wanton or reckless disregard for the rights and safety of others by a defendant whose intoxication while operating a motor vehicle was a cause in fact of the resulting injuries.
In other words, in order to obtain punitive damages in an action to recover for injuries suffered in an accident caused by an intoxicated driver, it will be necessary for the plaintiff to plead and prove that the defendant’s intoxication was a proximate cause of the accident and the defendant’s act of driving while intoxicated was an aggravating circumstance. Mere negligence on the part of the defendant is not sufficient.
Here at Whaley Law firm, our attorneys will seek maximum compensation for your injuries. Contact us today to speak to an attorney.
Sources:
Wbrz.com
La. C.C. art. 2315.4