Articles Posted in Car Accidents

bicyclistSpring has sprung! And, for many of us, that means getting back to enjoying the sunshine, warm temperatures, and longer hours of daylight. To take advantage of this, many people are outside on the busy streets walking, jogging, running, and cycling.

While being outdoors and exercising can be great for your physical and mental health, you must also be aware of the safety issues that come along with this choice. Far too often, I see pedestrians and cyclist ignoring the rules of the road. It only takes one quick second for this ignorance to backfire on you.

uninsured motoristA legendary basketball coach was invited to give an inspirational speech to religious leaders. Midway through the speech the group broke for refreshments. Two punch drinks were offered…. One, was spiked for the Catholics, the second was unspiked for the Baptists.

The coach was talking to a rather self-important Baptist minister who mistakenly took a sip of the spiked punch. When he realized that the punch was spiked, he defiantly poured it back into the punch bowl, telling the coach…”I’d rather commit adultery than drink spiked punch.” To which the coach dryly responded, “by God, I didn’t know I had a choice”! ADULTERY OR SPIKED PUNCHED?

auto insurance policyIf you’ve been injured in a car wreck that is not your fault, you will always look to the at fault driver to pay for your damages. But what happens if that driver did not have insurance? Or did not have enough insurance to fully compensate you? What if you are involved in a hit and run? If this is the case, we would turn to your own auto policy to see if you carry uninsured or underinsured motorist coverage.

While Louisiana does not require drivers to carry uninsured motorist coverage (UM), it is never a bad idea to add it to your policy. In fact, 15% of Louisiana drivers do not have auto insurance. Although drivers are required to carry minimum liability insurance, not all drivers abide by this rule, so it is always important to have an extra layer of coverage for yourself in case of an accident.

mardi gras paradeMardi Gras is undoubtedly one of the biggest holidays in New Orleans. Nearly 1 million enthusiastic visitors fill the streets each year to celebrate the exciting carnival season. However, with the Mardi Gras excitement, comes a much greater risk of injury due to large crowds, overconsumption of alcohol and carefree partying.

The Louisiana Highway Safety Commission found that the Mardi Gras holiday is the most dangerous holiday for car accidents on Louisiana highways. The New Orleans Police Department revealed that they routinely see a spike in car accidents in the two weeks leading up to Fat Tuesday as visitors begin to trickle in. In fact, the Saturday before Mardi Gras is the most active day for collisions with over 120 accidents happening on that day each year since 2017.

police reportHave you ever been involved in a car crash and wondered what you should do next? After making sure that everyone is okay and does not require immediate medical attention, call the police. In many cases, the police officer will come to the scene and write an accident report. This report can be very important for your personal injury claim.

Although an accident report itself is not typically admissible as evidence in court, it is used as a great source of information as to the basic facts of the accident such as location, time, driver information, witness statements, police narrative, and more.

Thanksgiving safety tipsThanksgiving is one of the busiest travel times of the year. In fact, the American Automobile Association anticipates nearly 55 million people will be traveling for this year’s holiday. With the increase in traffic on the roads, there is also an increase in the likelihood of an auto accident occurring. To ensure that you and your family stay safe this Thanksgiving, we have included some tips for safe travels.

Before you get on the road this year, be sure to:

man with whiplash after accidentIf you were involved in an accident and were already dealing with a pre-existing injury, you may be wondering how that previous injury will impact your new claim. While having a pre-existing condition does not bar a car accident victim from recovery, it could present challenges when it comes to proving your injuries and value of your claim. Insurance companies will often use this as a tactic to deny fair compensation or claim the motor vehicle accident did not cause the injury. So, it is crucial to contact an attorney immediately to guide you through the process.

Simply put, a pre-existing condition is a health condition that an injured person already had before a new accident occurred. The likelihood of someone suffering from a pre-existing condition is high, especially as you age. However, this should not keep personal injury victims from being properly compensated. Although the insurance company may want an injured party to believe otherwise, a squeaky-clean bill of health is not necessary to prove your injuries. If you suffer from a pre-existing injury, it is important to prove that the accident worsened that injury rather than caused it.

emotional distressAn individual’s quality of life can be greatly affected in an instant. After an accident, most people are primarily concerned with apparent physical injuries and property damage. But once the dust settles, emotional suffering can begin to greatly impact the victim’s life.

Not only may the victim experience physical pain, but he or she may also suffer mentally. A victim’s mental pain and suffering after an accident is less about the physical pain from the injuries, and more about the mental and emotional anguish that is caused by the injuries and the accident.  In fact, emotional distress is very common following an accident. It can negatively impact the victim’s daily activities and routine. If the trauma is severe enough, it may require treatment from a psychologist or therapist.

fed ex delivery truckOnline shopping and the use of delivery services has become a common practice by millions of Americans. The ability to shop online is saving shoppers time, money, and the stress of dealing with crowded retail stores. The roads are filled with delivery trucks like UPS, FedEx, DHL and Amazon Prime. With this becoming the new norm, the number of commercial delivery trucks on the road has significantly increased.

Naturally, the more delivery trucks on the road, the higher the chance of one of them being involved an accident. Some of the leading causes of delivery truck accidents include:

LA Supreme CourtLast year, Louisiana legislators pushed for one of the State’s biggest tort reform packages since the 1990s in hopes of lowering automobile insurance rates and encouraging out of court settlements. The Civil Justice Reform Act of 2020 (CJRA) was signed into law on July 13, 2020 and became effective on January 1, 2021. These changes are not retroactive and will only apply to any cause of action arising on or after January 1, 2021. The most significant changes include:

Amount in Controversy for Jury Trials. For many decades, jury trials were only available in cases where the amount in controversy exceeded $50,000. In the district court, the threshold has been reduced to $10,000, exclusive of interest and costs. The party seeking a trial by jury is required to post a $5,000 jury bond within 60 days of filing a jury demand. If a party files a jury demand but fails to timely post the bond, then right to a jury is waived. Although the CJRA did not change the jurisdictional limits of city or parish courts, it allows a defendant to seek a transfer to the district court to obtain the right to a trial by jury when the amount in controversy is more than $10,000 and the transfer is made timely.

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