Driveways can be extremely hazardous, both to vehicles parked in them and to vehicles passing by. The hazards can be increased if the driveway entrance does not afford complete visibility of passing vehicles or blocks the view of a vehicle leaving the driveway. These hazards can, of course, be compounded if one of the drivers has been consuming alcohol. The hazards were displayed in a two-vehicle crash in Terrytown that killed one driver and injured another.
What exactly happened?
According to police, a BMW SUV was heading north on Terry Parkway at the same time that a Nissan Altima was pulling out of a driveway onto the parkway. The BMW reached the driveway at the same instant as the Nissan was pulling into the parkway. The driver of the Nissan suffered serious injuries that claimed his life after he was taken to a nearby hospital. The driver of the BMW was also injured, but police said the injuries do not appear to be life-threatening.
The sheriff’s investigators said that the driver of the BMW appeared to have been impaired. Toxicology studies were underway, but no results have been released.
Potential damage claims
Based upon the facts reported so far, the family of the deceased driver of the Nissan appears to have a solid claim for wrongful death damages. The driver of the BMW appears to have been intoxicated at the time of the accident.
Further investigation may reveal more information that could affect liability. The movement of the Nissan just prior to the accident may reveal that the Nissan did not stop before pulling into Terry Parkway or that the driver did not check traffic before leaving the driveway. These factors could reduce the percentage of fault allocable to the driver of the BMW and thereby reduce the wrongful death recovery.
Anyone who has been injured or lost a loved one in a similar accident may wish to consult an experienced accident attorney for an evaluation of the evidence and an estimate of the likelihood of recovering damages.