Wrongful Death

Authorities are cracking down on drunk driving across the nation and in Louisiana . In 2009, the National Highway Transportation and Safety Administration (NHTSA) recorded the lowest number of drunk-driving fatalities nationally in nearly a half a century . In 2009, 10,839 people were killed in alcohol-related collisions. For statistical purposes, a driver is considered to be alcohol-impaired if he has a blood alcohol concentration (BAC) of .08 or higher.

Louisiana had 295 alcohol-impaired driving fatalities in 2009, a 13 percent decrease from 2008. Nationally, alcohol-impaired driving fatalities declined 7.4 percent from 2008 to 2009. The number of alcohol-impaired fatalities in Louisiana involving individuals under the age of 21 was 40, a 29 percent increase from 2008.

The 2009 national average for drunk-driving deaths was 3.5 fatalities per 100,000 people. The 2009 rate in Louisiana was 6.6 fatalities per 100,000 people, nearly double the national average. The 2009 national rate for drunk-driving fatalities involving individuals under the age of 21 was 1.6 fatalities per 100,000 people; whereas, Louisiana’s rate was 3 deaths per 100,000 people.

Nationally, seven out of ten individuals involved in drunk-driving accidents were hardcore drunk drivers. Hardcore drunk drivers are identified as drunk drivers with a BAC of .15 or greater, who have been arrested at least once and who are resistant to changing their behavior despite arrests, sanctions and education.

A Calcasieu Parish jury awarded a total of $10,800,240.35 in a wrongful death trucking accident case. That sum included a $5,000,000.00 exemplary damage award, $2,000,000.00 for each parent for the loss of their only child, $1,395,956.06 for the injuries to the mother, $142,558.59 for the injuries to the father, and $250,000.00 for the child’s survival damages. Blake R. David at Broussard, David & Moroux was lead trial counsel in the 14th Judicial District Court in Lake Charles.

The evidence at trial proved that on March 5, 2006, a G.B. Boots Smith Corporation tractor-trailer operated by Brian S. Montgomery was traveling northbound on LA 27 in Calcasieu Parish, ran a red light, plowed into the family vehicle outside of the intersection, and continued another 250 feet after the accident. The jury found that Montgomery was impaired while under the influence of crystal methamphetamine and marijuana (based on test results from Louisiana State Police Crime Lab). Dr. Joseph Manno (toxicologist) explained the jury how the negative DOT drug test taken after the accident was “diluted”. Discovery revealed that Montgomery failed two other crystal meth tests with another employer. Accident reconstructionist Mike Gillen testified that Montgomery had over 1300 feet (and over 11 seconds) to stop his vehicle before the impact.

This carnage resulted in the death of a child (age 2) and severe injuries to her mother (in the hospital for about a month and missed her daughter’s funeral). Eyewitness testimony revealed that the two-year-old suffered after the accident. Her death left the parents, who were married and in their early 20s at the time of the accident, childless. Due to a prior condition of the mother, the parents are physically unable to have any more children.

Articles Posted in Wrongful Death

Louisiana Drunk Driving Accidents

Lake Charles Jury Awards $10.8M in Wrongful Death Trucking Case