The Times-Picayune reports on two tragic motorcycle accidents that both occurred near New Orleans over the weekend, killing two. According to police, the first fatal collision occurred shortly before 8 p.m. on Sunday night.
Officers claim a 31-year-old motorcyclist was heading northbound on Louisiana Highway 23 on a 2011 Kawasaki model when a 68-year-old woman backed her 2006 Nissan pickup truck out of a private driveway and onto the highway. The rider struck the bed of the truck at a high rate of speed, and the force ejected him from his bike.
According to Louisiana State Police, the man died at the scene. Troop B released a statement claiming impairment and speed were contributing factors in the collision.
Responders tested the woman’s blood alcohol concentration and allegedly found it to be over the legal limit. They arrested her for DWI, vehicular homicide, improper backing, and no seat belt.
In the second accident, which happened around 9:30 p.m. later that evening, a 44-year-old motorcyclist rear-ended an SUV that was stopped at an intersection. Responders transported the rider to a local hospital, where he died.
Motorcycles are inherently dangerous, and even riders who exercise caution can end up in a devastating collision with a drunk or distracted driver. If you or a loved one was injured in a crash that another motorist caused, contact Laborde Earles Injury Lawyers.
Our award-winning legal team will evaluate your case, gather evidence, interview witnesses, and help you fight for the maximum payout. Call 800-522-6733 to schedule a free case evaluation with an accident attorney in Alexandria.
Can I Recover Punitive Damages Following a Collision with a Drunk Driver?
Motorists owe everyone on the road around them a duty of care to follow all local traffic laws, and this includes staying well below the legal BAC limit when behind the wheel. Although Louisiana courts typically prohibit the awarding of punitive damages in personal injury claims, drunk driving cases are an exception.
Pursuant to Louisiana Civil Code Article 2315.4, inebriated motorists may be held liable for punitive damages in addition to general and special damages following a collision. Currently, there are only five scenarios in which punitive damages may be awarded to plaintiffs. These are claims involving:
- Drunk driving;
- Domestic violence;
- Child pornography;
- Criminal sexual activity with minors; and
- Conflicts of laws.
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How Will My Injury Lawyer Calculate Punitive Damages?
There is no set standard for calculating punitive damages because every case is different. In general, the court will aim to determine a fair amount that is both reasonable for the defendant and satisfactory for the plaintiff.
If you were injured or lost a loved one in a collision with an inebriated motorist and you want to ensure you recover all possible damages for which you are eligible, contact Laborde Earles Injury Lawyers. An Alexandria injury lawyer from our firm will investigate your case and gather evidence to prove negligence, liability, and the value of your damages.
In addition to medical records, photos of the crash scene, and the police report, we may use testimonies from medical experts, financial experts, and accident reconstruction experts to support your claim. Call 800-522-6733 to schedule a free consultation.