Recently a tow truck rammed into a mid-city parking lot killing three and injuring one. The tow truck driver was also transported by EMS to a local hospital for injuries he sustained.
According to preliminary reports, the tow truck driver lost control and struck pedestrians waiting at a bus stop as well as four parked vehicles. While investigators are still trying to ascertain what caused the devastating accident, the ultimate question is: Who will be found liable for the damages?
In Louisiana there are two types of damages: 1) compensatory damages and 2) punitive damages. The purpose of punitive damages is to punish and deter certain types of conduct which the law finds to be particularly egregious. Punitive damages are explicitly provided for only in certain circumstances such as: intoxicated drivers, sexual crimes against children, and domestic violence. Punitive damages are the additional damages, which are received over and above compensatory damages. So if for example, the tow truck driver was found to be intoxicated and the intoxicated state was found to be the cause of the collision, the individuals who were injured could potentially recover punitive damages.
Compensatory damages are the basis for which victims in personal injury lawsuits receive solace or are otherwise made whole. Within compensatory damages, a victim and or family can be awarded general and special damages. Special damages are damages that can be calculated mathematically; for example, lost wages, medical bills, property damage, etc. In contrast, general damages cannot be calculated mathematically and include such elements as mental anguish, pain and suffering, loss of consortium, and loss of enjoyment of life. Damages are provided by a special statute in Louisiana where you can read here.
According to Nola.com, the owner of the tow truck company made a statement stating that the tow truck driver experienced a seizure episode and lost control. With time, the true story of what caused the accident will come out, but the victims and their families’ damages will be governed by the principles of damages discussed above. Losing a family member is never easy. While coping with the loss, victims and their families must consider their rights and the rights of their lost loved ones. At the Cardone Law Firm, we offer personal attention to families who are coping with disaster as a result of a fatality or injury. We preserve our clients’ rigthts and alleviate any pressures surrounding the legal issues associated with fatalities and injuries so our clients can focus their full attention where they need to the most. The skilled attorneys at the Cardone Law Firm have represented countless victims and families in personal injury cases. For your private consultation, contact us online or phone Cardone at 1-888-89-CARDONE (1-888-892-2736).