Articles Posted in Around Louisiana

Since Louisiana law considers a left-hand turn at an intersection one of the most dangerous moves a driver can attempt to make, and since “an oncoming driver has a right to assume that the left-turning motorist will… yield to her right-of-way,” the law establishes a very strong presumption that an accident involving a left-turning driver is legally the fault of the left-turning driver. Even if you were the left-turning driver, however, you may be entitled to compensation for your injuries in some situations. The key is, if you’ve been hurt, to consult an experienced New Orleans car accident attorney and find out more about the options available to you.car crash

A real-life example from St. Tammany Parish, reported by nola.com, illustrates just how dangerous left turns can be. The collision took place at the intersection of Louisiana Highways 22 and 1085 near Madisonville. According to the report, a 16-year-old who was driving south on 1085 made a left-hand turn onto 22. While the girl fully stopped at the stop sign, she failed to yield to oncoming traffic when she pulled out and made her turn onto Highway 22. A full-size pickup truck slammed into the girl’s car on the driver’s side. The impact caused the truck to spin into another lane of traffic and hit a third car.

The driver of the third car and the driver of the truck were not hurt. The girl driving the turning car, along with her mother, who was riding alongside, died from their injuries. All involved were wearing seat belts, and none of the drivers was suspected of driving while impaired, according to the nola.com report.

car accidentEach type of auto accident case comes with its own unique set of challenges. Multi-car accidents that cause injury can be especially tricky when it comes to asserting your legal rights. It may take skillful investigation to assess which driver was at fault and, therefore, liable to you for the harm you suffered. An experienced New Orleans injury attorney can help you collect the information you need and then apply it to pursue compensation for your damages.

A recent accident case from Lafayette was an example of how these factual differences can influence who is liable for your injuries. The accident involved a three-car rear-end crash where G.M. was the driver of the lead vehicle. T.S. was operating the second vehicle and B.G. was the driver of the third. Continue reading

truckWhen you or a loved one has been involved in an accident with a commercial truck, it is undoubtedly a stressful time. You should not, however, lose sight of the fact that you and your family may have certain rights and that you’ll may encounter a business entity on the other side seeking to get you to sign away those rights. Commercial trucking and insurance companies have skilled lawyers looking out for their interests. Make sure you have a knowledgeable New Orleans truck accident attorney on your side to help you protect your rights and get the compensation you and your family deserve.

Central Louisiana was the site of a recent crash that illustrated just how serious these collisions can be. KALB-TV reported that a large box truck driven by a 30-year-old man was headed westbound on Highway 28 when the driver crossed the center line. The box truck driver was attempting to pass another westbound vehicle on the two-lane road.

The box truck slammed head-on into an eastbound pickup truck. The damage was extensive. The pickup truck’s 86-year-old driver died at the scene. The crash also impacted two other cars, with one of those drivers suffering minor injuries, according to KALB.

courtroomIn many personal injury actions, expert witness evidence can be an essential part of your case. The difference between getting your experts in and having them excluded may make the difference between success and defeat. This is one of many places in which seasoned New Orleans injury counsel can help you put together a strong and persuasive case by helping you ensure that your expert witness evidence gets in front of your jury.

An example of what is (and is not) required in order to get expert opinion evidence admitted was on display in the case of Blake and Courtney. The pair were a couple who had a termite problem in their home. They retained the services of a pest company to deal with their termite problem. After the company treated the home for termites, the couple and their children allegedly began experiencing headaches, nausea, dizziness, and confusion.

The couple eventually sued the pest company for their injuries. The lower court granted summary judgment to the pest company, but the Supreme Court reversed that decision, which meant that the homeowners’ case was revived, and they could resume pursuing the pest company.

wet surfaceWhen you go to court in a personal injury lawsuit, you want to make sure you’re giving yourself every chance to obtain a successful outcome. Getting to that point may involve employing many different resources, including the use of an expert witness to provide opinion evidence that further strengthens your case. Whether your case needs an expert and, if so, which kind of expert is needed may be profoundly important questions. By retaining an experienced New Orleans premises liability attorney, you can get the knowledgeable answers you need to these and other questions as you navigate the legal process.

One recent premises liability case from the federal Eastern District of Louisiana (Case Number 2:16-cv-00383) provided a useful example of what you do (and don’t need) from an expert witness. The injured plaintiff, Tobie, was headed to a post office in Metairie when her accident happened. She slipped and fell on the sidewalk, suffering substantial injuries as a result. In fact, the fall was so bad it caused her to suffer a herniated disc, a concussion, and a tear in her shoulder that required surgery to address, according to a Louisiana Record report. These injuries led her to file a federal lawsuit to obtain compensation for her harm.

The key thrust of Tobie’s argument was that the walkway was not sufficiently textured, and this failure to provide adequate texturing caused the sidewalk to be slippery and unsafe (as shown by her slip and fall).

sidewalk cracksAchieving successful results in premises liability cases (like slip-and-fall cases and trip-and-fall cases) requires several things in Louisiana. You have to have proof that the property owner knew or should have known about the hazard, and you may have to work to defeat an argument that the hazard was too “open and obvious” to create liability and allow you to recover compensation. In all of these areas, it helps to have a detailed understanding not only of the facts of your situation but of the law as well. This is why it pays to make sure you have legal representation from an experienced injury attorney.

A recent real-world example of a successful Louisiana premises liability lawsuit was the case of Cora, a high school student. Cora allegedly tripped as a result of a flaw in the sidewalk that ran in front of her school. According to the student, the sidewalk shifted beneath her, which caused her to lose her balance and fall. The injury caused the student to experience pain in her right foot, leg, knee, and hip. The student’s parent sued on her behalf.

In premises liability cases like this, many property owners will use as their defense against liability the argument that the hazard that caused the injured person to trip or slip was “open and obvious.” If a hazardous condition is open and obvious, the person using that property is responsible for protecting herself from it, and the property owner cannot be liable for injuries that take place.

truck-brakes-accident-300x200When a 80,000-pound semi-truck comes barreling down the road, it is absolutely vital that their braking system is well taken care of and properly functioning. Unfortunately, that isn’t always the case and a bad braking system can lead to a devastating crash – or even death – for those of us driving in traditionally sized vehicles. In 2015, over 3,800 people died in large truck accidents. This was 22 percent higher than 2009.

At the Cardone Law Firm in New Orleans, our truck accident attorney has over 40 years of litigation experience dealing with personal injury and car accident cases involving 18-wheelers. Our team of trustworthy lawyers understands that quickly acquiring evidence and investigating before the negligent party is able to make any changes to the scene is the key to developing a case. It is also worth noting that in cases involving semi-truck accidents and malfunctioning brakes, multiple parties may be held liable for the damage you have suffered.

What the Government Says

AdobeStock_27470012
At Cardone Law Firm, we believe that people should never be forced to deal with the injuries and costly medical expenses that come with an accident caused by a drunk driver. Unfortunately, drunk driving accidents happen all-too-often in the state of Louisiana. In the aftermath of an accident, innocent victims are left to deal with the consequences.

According to the Centers for Disease Control (CDC), 3,046 people were killed in Louisiana in drunk driving accidents between 2006 and 2013. Unfortunately, 2.5% of people in Louisiana have reported driving while under the influence of alcohol, which is higher than the national average of 1.9%. Louisiana also has higher fatalities in all age groups compared to national drunk driving accident rates.

If you’ve been hurt in an accident with a drunk driver, don’t hesitate to contact the New Orleans attorneys of Cardone Law Firm right away. There is never a fee to speak with an experienced member of our team, and we will not collect a penny unless we win your case. Phone Cardone at (504) 522-3333 to get the experienced legal help you need.

mardi grasThis time of year is, obviously, an extremely festive one in New Orleans and around Louisiana. Along with all of the happiness and revelry, however, will also come some misfortune and injuries. In some cases, the injuries may be a result of insufficient precautions. When that happens, you may be entitled to compensation from those who didn’t take those reasonable precautions. For answers and representation in these and other kinds of injury situations, talk to a skilled Louisiana premises liability lawyer.

A recent case from Terrebonne Parish presents an unfortunate picture of revelry that got out of hand. Albert, a sheriff’s deputy for Terrebonne Parish, accepted a job working security at a pool party put on after Houma Carnival and hosted by one of the parade’s most well-known krewes. At the party, alcohol allegedly flowed freely, which was probably not a surprise to the deputy. However, at one point during the wild party, as a fight broke out, and Albert attempted to intervene and break it up, members of the krewe turned on him and attacked him, according to his complaint. Albert suffered a concussion and other serious injuries, the Houma Times reported.

Albert sued the club. In many situations, an entity like a Carnival or Mardi Gras krewe cannot be held legally liable for the acts of third parties. There are certain situations, though, in which a group might become liable based upon acts that made it independently negligent (and to blame) for the injuries that occurred. That was what Albert’s lawsuit argued. His legal brief asserted that “the krewe’s complete and total lack of effort in attempting to monitor and or control the distribution and consumption of alcohol at its pool party, coupled with its historical and actual attitude of encouraging wild and anything-goes krewe gatherings,” made it negligent. According to the Times, the brief also asserted that the krewe member in charge specifically “fostered the crowd’s belligerent attitude of a wild west brawl.”

Damages-Report
One of the most frequently asked questions our New Orleans personal injury attorneys receive from car accident victims is – “How much is my personal injury case is worth?” As every individual case is different, with a variety of factors taken into consideration to evaluate the value of the suit, it can be challenging to provide a simple answer that covers every unique scenario.

Generally speaking, however, we understand which factors are taken into account when determining the value of your case, as well as the types of damages (or compensation) that you may receive from your claim. Trust in the dependable Louisiana personal injury attorneys of Cardone Law Firm to provide you with the most valuable information and stability you deserve to get your life back on track.

When it comes to understanding the value of your personal injury case and the type of damages that you may receive, consider the following information.