Regardless of whether impairment is suspected in a fatal crash, toxicology samples are taken from each driver as a matter of routine. Such testing is required in order to conclusively rule out the possibility of impairment being involved in a car accident death. The results could affect what charges, if any, are filed against the driver believed to be at fault in an accident on one of Louisiana's roadways.
Blood samples were taken in a crash that recently took place on La. 3226 just north of U.S. Highway 190 despite the fact that impairment is not suspected of being a factor. A 25-year-old man was traveling south when he lost control of his pickup truck. It crossed over into the oncoming lane of travel and slammed head-on into another pickup truck.
According to troopers with the Louisiana State Police, the 56-year-old driver of the northbound pickup truck suffered fatal injuries in the impact and died at the scene. The driver believed to be responsible for the accident suffered unknown injuries described only as serious and was transported to a hospital for treatment. His current condition is unknown.
Even if neither driver was impaired at the time of the crash, the family of the victim retains the right to file a wrongful death claim against the surviving driver. Families often incur unexpected financial losses in connection with a car accident death. A successfully litigated claim in which it is established that the death of a loved one was caused by the negligence of another could result in a monetary judgment providing restitution to the family for those losses.
Source: kplctv.com, "BREAKING: Merryville man killed in head-on crash in Beauregard", Johnathan Manning, Aug. 7, 2015