Louisiana Injury Lawyers Blog
A Christmas Day 2014 multi-vehicle interstate highway accident northwest of New Orleans provides a clear example of how auto accident cases are not always what they may initially seem. What started out, allegedly, as a pair of straightforward collisions ended up involving multiple additional parties, reconventional demands, and third-party demands. Your injury case, like many things in life, may be unpredictable, which is why you should always be prepared and have skilled Louisiana car accident lawyers on your side from the start.
The injuries that led to litigation in this instance took place along Interstate 10 in Jefferson Parish. According to the complaint filed by the original plaintiff, Eldridge, a vehicle driven by Max rear-ended him. That impact allegedly spun Eldridge’s vehicle such that it came to a stop perpendicular across two lanes of traffic on eastbound I-10. A motorcycle driven by David subsequently passed through the area and allegedly hit Eldridge’s vehicle. The impacts resulted in Eldridge suffering injuries.
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Eldridge, however, wasn’t the only person injured in the crash. David had suffered harm too. David, in fact, submitted a filing in the case that asserted that he was not liable to Eldridge and that a third party had caused him to crash. Specifically, according to David’s version of the facts, Max hit Eldridge, and, while both cars were stopped along the interstate highway, Shahid (an uninvolved driver) stopped to offer assistance. As David approached the accident site, Carrie, who was Shahid’s passenger, exited Shahid’s car, which led to David colliding with her. That impact allegedly threw David from his motorcycle and caused his unmanned motorcycle to collide with the door of Eldridge’s car. Based upon this version of the accident, David named Carrie as a third-party defendant liable to him for the injuries he suffered.
David’s case was especially complex. He was in the position of both prosecuting his case for damages against Carrie and at the same defending against Eldridge’s case seeking to hold him liable.
Carrie sought to throw out David’s claim against her on procedural grounds. (She argued that he waited too long to file.) The trial court sided with Carrie, but the Court of Appeal reversed that ruling due to procedural defects with the trial court’s decision. That reversal was “without prejudice,” which meant that Carrie was free to go back to the trial court and renew her argument that David filed his claim against her too late.
The case shows the many (and sometimes unexpected) twists and turns your auto accident case can take. What might start out seeming straightforward may eventually end up being far from it. Your case could eventually come to involve many more parties, claims, counterclaims, and complexities than you ever would have anticipated at the outset. Always be prepared by having experienced Louisiana injury attorneys representing you from the very start. The skilled Louisiana motorcycle accident attorneys at the Cardone Law Firm have spent many years fighting for people who have been injured in auto accidents.
For your confidential consultation contact us online or phone Cardone at 504-522-3333.
More Blog Posts:
Passenger Receives $434K Jury Award for Injuries Suffered in Baton Rouge Two-Car Accident, Louisiana Injury Lawyers Blog, Sept. 25, 2017
Injured Louisiana Passenger’s Post-Trial Motion Nets Increase from $58K to $500K in Damages Award, Louisiana Injury Lawyers Blog, May 10, 2017