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DriInfographic of % of LA Drinking and Drivingnking and driving occurs all too often, especially in the state of Louisiana. According to Mothers Against Drunk Driving, more commonly known as MADD, there were 5,339 arrests in Louisiana last year for DWIs. According to a national poll conducted by the Centers for Disease Control and Prevention, Louisiana ranks well above average in citizens who report driving after drinking too much. Impaired driving has become a growing national concern over recent years spawning new legislation increasing the penalties for driving while intoxicated. This article will provide you with a overview on a Louisiana DWI and the penalties you can expect to face if arrested for a DWI.

DWI STANDARD  

A special law in Louisiana governs DWIs: Louisiana Revised Statute 14:98. A person is considered to be driving while intoxicated in Louisiana if their blood alcohol concentration (“BAC”) is ) 0.08% or higher. Interestingly, about 7 years ago a court in Louisiana also determined that even an “attempted” DWI is a crime.

surgeon-3-1562055Independent Medical Examination, commonly referred to as an “IME.” Two of the most common, yet significant reasons behind this request can be:

  • Concern is shown by the defending party or the insurance company that the injuries, which you have suffered from, are not as severe as one claims; or,
  • They are trying to find out the exact reasons of your damages.

Recently Tow truck 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.

bus injury

A parent’s worst nightmare, “Mom we were in a car accident”. Thirty-four parents received that call Tuesday when the bus carrying T.H. Harris Middle School’s track team plunged into the canal. According to WGNO, three students were taken to a local hospital complaining of minor injuries after a Jefferson Parish School bus driver careened into a canal. After the accident, students were forced to exit the bus through windows and the back door. While no reports have been issued stating the school bus driver was impaired, the school bus driver was cited for careless operation by local authorities.

Unfortunate events like this school bus accident occur all too often. Parents and children are left with the visible and invisible injuries. Some parents are up in arms about the numerous open canals along bus routes, but one of the overarching concerns is whether school bus drivers are receiving effective and adequate driving training.

Accidents are never easy, but when employees are in the course and scope of their employment, their employers are liable for damages. According to Louisiana Civil Code Article 2320, masters and employers are answerable for the damage occasioned by their servants and overseers, in the exercise of the functions in which they are employed. See full text of Article 2320 here. Our previous blog entry on the theory of Respondeat Superior is a great guide explaining the concept.

Causeway bridge

The Causeway Bridge has been described as long, scary and an engineering masterpiece. While the bridge may be all those things and more, the condition of the bridge has been a concern for years.

On August 8th, the bridge was closed in both directions for hours due to an auto accident. According to preliminary reports, Michael Gibson clipped Joey Leblanc’s truck from the rear during the process of a lane change. After riding the rails, Leblanc’s truck eventually plunged into Lake Pontchartrain. This was a very serious auto accident which could have resulted in severe injuries, however, the Leblanc was fortunately rescued by police officers.

Unfortunate auto accidents like the one Leblanc endured may not have a specific price tag, but Louisiana Tort Law exists to bring some sort of fair compensation to victims of auto accidents. Louisiana law, La. Civ. Code art. 2315(A), provides “every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it.” This Article is known as the “fountainhead” of tort liability and we can use this Article to assess the situation involving Leblanc and the Causeway Bridge. As a result of the auto accident, Leblanc sustained injuries which preliminary reports characterize as bruising and “minor.” Often injuries sustained in an auto accident are not felt immediately, in this instance, emotional trauma may also be present. This begs the question, how will Leblanc be adequately compensated, and from whom?

check-list-1150080Our thoughts go out to all of those affected by the recent flooding in Louisiana.  According to ABC News, over 30 inches of rain fell over the past weekend causing rivers across the state to rise to record levels. The Governor has declared a State of Emergency until September 10, 2016, unless terminated sooner. Unfortunately the flooding and rain has displaced families and taken a toll on local businesses. The most important concern is safety. But once you are safe, you are faced with a catastrophic loss that can take an emotional and economic toll on you. We have drafted this article to serve as a checklist to use when navigating the untoward waters of filing an insurance claim for flood and property damage:
  1. Find a copy of your Flood Policy, Renters Policy, or Business Policy, including the Declaration Page which is the part of the policy that tells you the type and how much you have in coverage. It includes the name and address of the insurance company, with information about the issuing agent, and it includes the contact information for the correct department when making a claim. It also states what is insured, for how much, under which circumstances, and for how long. It is a great idea to store these insurance policies and any other important legal documents in a safe deposit box in a secure facility. This will insure they cannot be stolen or damaged.
  2. Read and review your Policy. It is extremely important to understand your policy because there are certain rules that you must follow when filing a claim. Understanding these rules will make sure you are treated fairly and will not be taken advantage of. It is also important because these insurance policies may provide immediate financial assistance with food and shelter expenses.

New Orleans Carriage
The City of New Orleans is known for its eccentric, vibrant and welcoming attractions; but with fun comes human error. Tourists come to the city with one thing in mind, partying! On July 30th, tourists were partaking in an infamous tour of the city when a vehicle collided with a mule-drawn carriage in the French Quarter. News outlets reported the vehicle was going at a high speed when the driver turned the corner and exerted so much force that the carriage overturned.

Of the injured, three adults and a child were taken to the hospital with non-life-threatening injuries, according to WWLTV. While the driver will likely be held responsible for the damages, many locals can attest that sometimes carriages do not always obey the traffic signals. According to the NOPD, the incident is considered an ongoing investigation.

Carriage rides are an attraction all over the United States. In New Orleans, horse and carriage rides date back to the 19th century. Along with the good comes the bad, as the mule-drawn rides have been the subject of countless lawsuits. In an effort to shield sponsors of farm animal activities from liability, Louisiana has enacted a special statute referred to among those in the legal community as the “farm animal immunity” statute. You can read the full text of the statute here.

Truxillo Cardone Law Firm Auto Accident
We have the pleasure of representing a family who lost their mother in a tragic car accident with a Jefferson Parish Sheriff’s deputy. The car accident occurred on April 11, 2016, approximately 4 months ago – and to date, the family has been denied access to the vehicle, denied access to the findings of the investigation and denied access to any other evidence. The Sheriff’s Office has still not returned their mother’s vehicle to the family, nor granted the family access to view the vehicle. This begs the question, is 4 months a reasonable time period to withhold evidence from a family who is seeking answers?

The Sheriff’s Office has declined to allow the family access to the evidence and information they are seeking based on La. R.S. § 44:3. La. R.S. § 44:3 is a special law in Louisiana which allows the Sheriff’s Office and District Attorney to deny access to evidence “pertaining to a pending criminal litigation or any criminal litigation which can be reasonably anticipated…” Per our communications with the Sheriff’s Office, it is standard operating procedure for every accident involving a deputy to be presented to the District Attorney’s Office. Once presented to the District Attorney’s Office, the reviewing attorney will determine whether anyone involved in the accident will be prosecuted. Other than this law, their are no other guidelines which govern the timeliness of an accident investigation or the District Attorney’s review period.

Timeliness in an accident investigation is critical. Today vehicles retain and store information in what are popularly known as a”black box” or event data recorder. Manufactures have been putting black boxes and event data recorders in vehicles since the mid 1990s. For an interesting article on black boxes and their history, check out this article by USA Today.

cardonelawfirmaccident

Technology is ever changing and at times the advancement can be a good thing. However, with the Tesla self-driving vehicles the recent autopilot accidents have many questioning the soundness of the car. On May 7, Joshua Brown was killed when his Tesla crashed into a tractor-trailer.

Preliminary reports state that Mr. Brown was driving his Model S with the acclaimed autopilot system. According to Tesla, “Autopilot allows Model S to steer within a lane, change lanes with the simple tap of a turn signal, and manage speed by using active, traffic-aware cruise control. Digital control of motors, brakes, and steering helps avoid collisions from the front and sides, and prevents the car from wandering off the road.” The issue in the May 7 crash is the fact that the system failed to live up to what the manufacturer guaranteed when the cameras did not recognize the tractor-trailer.

Similarly, on July 1, an owner of the Model X Tesla was involved in a crash in Pennsylvania when his vehicle veered into barricades and other lanes. The driver claimed he had his autopilot system on when he was driving, however, the manufacturer has reported that data revealed that he took his hands off the wheel which turned off the autopilot system.

Witness standA famous American movie producer was once quoted as saying, “There are three sides to every story:  your side, my side, and the truth.” This analysis is similar to what happens in civil litigation matters, such as auto accident cases. Each opposing party has a version that it asserts is the truth, while the whole truth may lie somewhere in between. In a dispute in which neither side has an “open and shut” case, success in your auto accident case can often come down to which side presents its case to the jury (or the judge in the case of a bench trial) in a way that seems more credible. A case decided earlier this year by the Louisiana Court of Appeal showed this in clear detail.

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