Automobile accidents are common in Louisiana, but for many victims, navigating the legal process and understanding how to protect your rights can be daunting. Seeking counsel from a seasoned Baton Rouge car accident lawyer can help you ensure that you receive the outcome that you deserve.
A recent Louisiana appellate opinion demonstrates how easily complexities arise in car accident cases. The facts of the case are as follows. The first motorist was driving southbound on Highway 52, followed by the second motorist. The second motorist attempted to make a left turn when a police cruiser driven by an officer entered the southbound lane and struck the first motorist’s vehicle head-on. The officer died as a result of the accident, and the first motorist suffered serious injuries. Evidence in the record showed that the second motorist had been drinking alcoholic beverages before being ejected from a local bar and that he was driving while under the influence of alcohol at the time of the accident. The record also showed that the officer was acting in the course and scope of employment when the crash happened.
The first motorist filed a lawsuit seeking damages from the sheriff and his insurance company. He also named the second motorist as a defendant, along with his insurance company. Shortly after filing his complaint, the plaintiff added a claim against the bar that had been serving the second motorist and its insurer. The plaintiff alleged that the bar should have known that the second motorist was likely to drive while intoxicated and that the bar engaged in spoliation of evidence by erasing surveillance footage from the day that the accident occurred.