blood vials
New Bill May Change How Police Process Car Accidents

The family of a four-year-old girl killed in a car accident is working to change Louisiana state law regarding how an accident scene is processed by police. An article on the proposed change appears here.

About the Incident

In November 2017, the young victim suffered severe injuries in a car accident which took place in Bossier City. She died in the hospital days later.

Because she died in the hospital and not at the scene, the driver of the other vehicle was not required to submit blood for drug testing. Reports state that the man passed a field sobriety test at the scene. However, authorities later discovered alcohol, methamphetamine, and pills in his vehicle.

About the Proposed Change

Senate Bill 138 (S.B.138) would allow police to draw blood at an accident scene when a victim’s life is in jeopardy. The bill has passed the Louisiana State Senate Criminal Justice Committee, moving past the first hurdle towards becoming law. The full text of the bill is available here.

S.B.138 would require post-accident drug testing when a traffic accident involves serious injury. It will likely move to the State Senate Finance Committee for consideration. Details on the progress of S.B.138 can be found here.

Support for the Bill

The victim’s mother testified that police lacked probable cause to obtain a search warrant for a blood sample from the suspect. She noted that they were not obligated to obtain a sample because her daughter was not killed at the scene. Speaking directly to the committee, she criticized state law’s failure to require officers to draw blood while an accident victim is still alive.

Impairment Can Kill

A report on Roadway Fatalities by Substance Type analyzed data from the National Highway Traffic Safety Administration between 1995 and 2013. Louisiana recorded 2.43 drivers per 100,000 residents involved in fatal collisions testing positive for drugs. Male drivers on drugs recorded the second-highest number of fatalities behind males under the influence of alcohol.

We Can Help

Our legal team will examine every detail of your case and provide the experienced, compassionate and dedicated representation you need to secure the maximum compensation for your medical bills, lost wages, pain and suffering, and more. We’re here to work hard for you and to make sure that your rights are fully protected. If you or a loved one has been injured in a traffic accident, call the experienced Louisiana Car Accident attorneys at Gauthier Amedee today at 225-647-1700 or fill out our online form to schedule a free case evaluation.


June 3rd, 2019