In any injury case involving a roadway accident, there could be a wide variety of things that make the difference between success and failure. In the case of one bicyclist who was injured after a SUV made a left-hand turn and hit him, the defense tried to stymie the bicyclist’s case by arguing that the Louisiana Statutes granted them immunity from suit. The Louisiana Court of Appeal ruled that the defendant was not immune in this case, since the immunity statute only applied if the plaintiff was driving a motor vehicle, and a bicycle does not qualify as a motor vehicle in Louisiana.
When you are injured in a vehicle accident, there are certain things with which you are undoubtedly very familiar, including the factual details of your accident. However, achieving success in your injury lawsuit is about much more than putting together a strong factual presentation. It is also about understanding the law and procedure, and how to use them advantageously. The recent case of one injured man is a prime example. The man’s counsel’s post-trial motion led a trial judge to modify the outcome of the case and increase the man’s damages award from $58,500 to more than $500,000.
In your auto accident case, you may have many separate factors that go into achieving the outcome you need. Certainly, collecting enough proof to show that you’ve been injured, that another person was negligent, and that their negligence caused your injuries is part of this equation. It may not necessarily be everything, though. In some cases, it is about making sure that you get the right defendants included in your case, such as the at-fault driver’s insurance company. In one recent case, the plaintiff achieved this result by successfully persuading a Louisiana trial court and appellate court that an insurer couldn’t keep accepting a driver’s premium payments and then refuse to cover that driver.
New Orleans is no stranger to the rain. We all know the song we sang when we were little, “rain, rain go away, come again another day.” But we aren’t little anymore and most of us are forced to travel in the rain to work and other obligations. Because of the bad weather today and the upcoming rainy season, we wanted to bring to you some tips for safely driving in the rain. We hope you can use these tips yourself and share them with your children and loved ones.
KNOW YOUR SURROUNDINGS
As we travel, we cross many different types of terrain. For example, driving across a bridge during rain presents different concerns than driving across level ground. Be mindful when driving across a bridge that there may be gusts of wind which may cause you to lose control of your vehicle. A bridge may also not have shoulders for you to pull over if you are unable to see because of the rain.
Sometimes, the facts of your case may look ominous, giving you the fear that your case is hopeless. You should not give up without consulting an attorney first. An experienced injury attorney may have knowledge of the law that could make your case more viable than you might initially think. In a recent case, an injured woman’s lawsuit against two business entities was revived based upon a favorable Louisiana Supreme Court ruling issued back in 2013 that forced the lower courts to allow the case to proceed.
When it comes to auto accidents that cause injuries, many can be what you might call “typical.” For example, Driver A rear-ends Driver B, causing injuries to Driver B’s neck, back, or lower body. Or, perhaps, Driver 1 runs a red light, and Driver 2 crashes into Driver 1, causing injuries to Driver 2. Sometimes, though, your vehicle accident may be far from “typical.” Even when that happens, that doesn’t mean you cannot recover damages for your injuries.
In New Orleans, you don’t need an excuse to parade or party. Mardi Gras is one of the biggest holidays in New Orleans generating an estimated $840 million dollars each year. Mardi Gras draws millions of people, according to the New Orleans Convention and Visitors Bureau, the city’s 37,000-plus hotel rooms are traditionally filled during Mardi Gras. Add the mass amounts of tourists in with the locals, and copious amounts of alcohol and partying – and you are bound to have a few accidents.
This year approximately 2 dozen people were injured when a drunk driver hit two vehicles and then plowed into the Endymion parade crowd at the intersection of Carrollton and Orleans Avenue. This article will discuss our legal analysis of the rights of those injured in the crash and special laws in Louisiana limiting liability of Mardi Gras Krewes under certain circumstances.
Many people have a certain stigma against lawsuits, they believe lawsuits are frivolous and only serve to drive up insurance premiums. And anyone who has been involved in a lawsuit can attest, a lawsuit is often contentious and time consuming. But have you ever taken the time to think about all of the positive aspects of lawsuits? Many haven’t. We would like to expand on the benefits of lawsuits using the recent discovery by counsel for Paul Walker in his daughter’s lawsuit against Porsche.
PAUL V. PORSCHE
On November 30, 2013, Walker was killed after the Porsche Carrera GT, in which he was riding as a passenger, crashed into a concrete light pole and several trees. The photographs of the collision were devastating and showed the mangled car crushed and burned. Because of Walker’s long-time involvement with the racing movie series, The Fast and the Furious, and the severe damage to the car, many assumed the collision was caused as a result of high speed travel and the careless operation of the driver, Roger Rodas. However, Walker’s daughter concluded there was more to the accident than met the eye.
When you have a pre-existing condition and are injured in a vehicle accident, you’ll likely have to overcome the insurance company’s argument that your injuries resulted from your old injury, rather than the vehicle accident. That’s what one person faced, but he secured a favorable verdict at trial, and the Louisiana Court of Appeal upheld that damages award. In this man’s case, the award stood because he had proof that his damages were the result of certain new injuries and the exacerbation of old injuries.
We are living in a corporate world. Today, more than ever before, employees are working more. And like Donna Summer said they work “hard for the money, so hard for it honey…” Any person trying to climb the corporate ladder knows, if you don’t go the extra mile, be prepared to be replaced by someone who will. It is not uncommon for an employee to work 9-5 and then go immediately to a networking or marketing event after hours for which they receive no compensation.
As a result of the increasing burden and demands on employees, many companies offer employee perks such as cell phones, computers and company vehicles. These perks are a win/win – they come at no cost to the employee, and for the employer, there is an added benefit – the employee can easily maneuver from place to place and be accessible which turns into realized profit. Most companies have policies in place providing an employee can only use a company vehicle, phone or computer when they are “on-the-clock” and that these perks are to be used for “business purposes” only. The mix of company perks and after hours expectations create blurred lines with respect to legal liability.
It’s New Orleans, and we all love the Saints. On any given Sunday, you can walk through the Superdome and see countless suites sponsored by corporate entities flowing with laughter, food and booze. Here’s the scenario, a company salesman hops in his company car on a Sunday to pick up some clients and take them to the game. Upon arriving , they all go to the company suite, drink liquor purchased and provided by the company, and after a big win and one too many rounds of tequila shots and singing “stand-up and get crunk”, the employee drives home in the company vehicle causing a devastating accident. Who is responsible? What rights do the victims have? Is the company on the hook?