Articles Posted in Car Accidents

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If you’ve been injured in an accident that was the fault of another driver, there’s a lot that goes into obtaining a successful outcome in court and recovering the compensation you deserve. You not only have to prove that the other driver was negligent, but also that you suffered injuries that were the result of that accident. One Jefferson Parish driver’s personal injury case failed, not because the driver did not have injuries and not because the other driver wasn’t negligent, but because the jury did not believe that the driver’s injuries were caused by the accident, and the Louisiana Court of Appeal recently upheld that decision.

The lawsuit arose from an auto accident that occurred on the day after Thanksgiving 2010 in Jefferson Parish. Andre Stevenson was in a gas station parking lot, waiting to turn right onto Veterans Memorial Boulevard when a Chrysler driven by Sandra Serth slammed into a Nissan, which caused the Nissan to collide with Stevenson’s vehicle. Stevenson sought medical care for his injuries, and an MRI revealed two bulging discs in his neck and one torn disc in his back.

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A recent tragedy has occurred that could have been easily prevented. A crash on the Belle Chasse Bridge caused one man to be seriously injured and another to be killed. On the morning of the crash the conditions were cold and rainy causing the roads to be dangerous. A 2007 Ford F-150 driven by Ruben Vela Rodriguez of Pharr, TX was traveling north on Highway 23 around 8:10 a.m. when he lost control of the truck while crossing over the metal drawbridge grating. State Police believe that the Ford F-150 was traveling at a high rate of speed when he lost control of the vehicle. The truck spun into the left lane and struck the bridge. The vehicle then caught on fire, and the driver was partially ejected from the truck. Both the passenger and driver were not wearing seatbelts. The passenger, whose identity is being withheld, was pronounced dead on the scene. A 2007 Ford Fusion, driven by Michelle Sylve of Port Sulphur, LA was driving behind the truck and could not stop in time. She crashed into the truck and suffered minor injuries. The personal injury attorneys at the Cardone Law Firm have over 40 years of experience handling auto accidents. These car crashes can leave the victim and friends emotionally, financially, and physically devastated. Our personal injury team understands that when a person is looking for an attorney they are looking for someone to guide them through the legal process and, at the same time, avoid the pitfalls that will arise. That is why we have dedicated our careers fighting for injured people and their struggles securing the best possible financial recovery.

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When you are injured in an auto accident, dealing with insurance companies is often challenging, especially in cases with more complex issues, since the insurers may seek any basis for denying coverage and refusing you the compensation you deserve. In one recent case, the Louisiana Supreme Court decided that a motorcyclist killed in an accident was covered by insurance, since the policy contained greater than state-minimum uninsured motorist coverage.

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Louisiana Civil Code article 2320 is the foundation for the theory of respondeat superior, which in Latin means ‘Let the Master Answer.’ It states, “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.” Therefore, employers are only responsible for their employees’ actions if it occurs in the course and scope of their employment. Louisiana case law has created different factors and tests to apply this theory; however, there is no bright line rule in use.

Generally, an employee’s conduct is within the course and scope of his employment if the conduct is the kind that he is employed to perform (Orgeron v. McDonald). An employer will be responsible for the negligent acts of its employee when the conduct is so closely connected in time, place, and causation to the employment duties of the employee that it constitutes a risk of harm attributable to the employer’s business, as compared with conduct instituted by purely personal considerations entirely extraneous to the employer’s interest. In determining whether the employee’s conduct is employment related, the court assesses several factors, including the payment of wages by the employer; the employer’s power of control; the employee’s duty to perform the act in question; the time, place, and purpose of the act in relation to the employer’s service; the relationship between the employee’s act and the employer’s business; the benefits received by the employer from the act; the employer’s motivation for performing the act; and the employer’s reasonable expectation that the employee would perform the act (Woolard v. Atkinson).

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Normally when a person thinks of an emergency vehicle, such as a fire truck, ambulance, or police car, he or she thinks of the different ways in which these emergency personal can help people in the time of a crises. However, these emergency vehicles do cause crashes and at a rate higher than a person would expect. These emergency vehicles are usually in a rush to another car crash, injury, or crime and forget that they have certain duties to other drivers on the road as well. From 1991 to 2000, the most recent years for which data is available, 300 fatal crashes occurred involving ambulances, resulting in the deaths of 82 ambulance occupants and 275 occupants of other vehicles and pedestrians. The 300 crashes involved a total of 816 ambulance occupants. Statistics also show that motor vehicle crashes are the second leading cause of death for on-duty firefighters. Fire truck crashes, occurring at a rate of approximately 30,000 per year, have potentially dire consequences for the vehicle occupants and for the community if the fire truck was traveling to provide emergency services. Due to the sheer size of the ambulance, fire truck, or other emergency vehicles, the injuries sustained from such a collision can be catastrophic. Louisiana law provides different duties for emergency vehicles if certain criteria have been met. Because of the complicated legal issues that arise when dealing with these types of crashes, it is important to have an experienced Louisiana personal injury lawyer on your side to know how to handle such a crash.

Louisiana Revised Statute 32:24 holds the key to what duties emergency vehicles have and when they apply. It provides:

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In this new age of technology the use of social media has taken over the daily lives of people. As a society, people crave for attention and are constantly posting pictures of their daily activities including where they are, who they are with, and what they are eating each and every day. This constant posting on social media websites has become another arrow in the quiver of legal defense firms. As Judge Richard Walsh stated, “Only the foolish or uninitiated could believe that Facebook is an online lockbox for your secrets.” These social media websites have become very important impeachment tools for the opposing party. The credibility of the plaintiff will be shattered if he or she is caught on the internet running, jogging, or any other physical activities if in the lawsuit they are claiming injuries that will affect this aspect of life.

A recent case shows the ability of the defense to use these websites as evidence to impeach the credibility of the plaintiff(s). In McMiller v. HummingBird Speedway, Inc. the victim filed suit against the defendant for rear ending him during a cool down lap following a July 7, 2007 stock car race. The plaintiff alleged substantial injuries including possible permanent impairment, loss and impairment of general health, strength, and inability to enjoy certain pleasures of life. As the discovery process progressed, the defendants of the law suit discovered pictures and comments from a fishing trip and attendance to the Daytona 500 race in Florida. The Court in the case held that this information was public information and could be used in trial against the victim. The Court also allowed the defendants to receive the login information for the plaintiff to search for any other post or tweets concerning the fishing trip and racing adventure in Florida. Smoking guns such as these pictures or comments will severely affect your case. This is why it is necessary to have an experienced New Orleans attorney on your side to navigate you through these issues that can affect your case.

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Personal injury cases can be complicated and difficult generally, and they are even more so when the entity you are suing is a governmental one. While the law does impose certain limitations, success is still attainable with a sufficiently strong case. A recent decision by the Louisiana Court of Appeal upheld a jury verdict against the Baton Rouge Police Department, highlighting that juries have wide discretion in assigning greater or lesser credibility to one expert witness as opposed to another. The family could not receive the full award, though, since Louisiana statutory law caps personal injury damages for cases where the accused wrongdoer is a governmental entity, such as the police.

Nelson Dakmak, Sr.’s tragic auto accident occurred in February 2008 while driving in Baton Rouge. Dakmak was attempting to execute a left-hand turn when a police cruiser driven by Officer Stephen Tibbetts slammed into his vehicle. Tibbetts was driving in excess of 90 mph at the time in pursuit of a possibly stolen vehicle, but he had not sounded his sirens or turned on the cruiser’s police lights.

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Success in injury litigation involves several components. A successful outcome likely includes compelling facts and considerable credible evidence. In addition, a favorable outcome for an injured person also involves choosing the right person or entity to sue, especially when the injured person is trying to hold a person or entity not directly involved responsible for the accident. The rules regarding third-party liability substantially limit those who may be liable. For a woman injured in a 2011 auto accident, the Louisiana Court of Appeal ruled that the facts of her case did not allow her to extend liability to a Baton Rouge church for whom the other driver was interning when the accident happened, because the church did not maintain the required degree of control over the intern’s actions to create a “master-servant” relationship.

In January 2011, Ms. Cason was injured when her vehicle was struck in the rear by a vehicle driven by Mr. Saniford. When the accident occurred, Saniford was serving as an intern in Bethany World Prayer Center’s 220i internship program. That morning, Saniford was driving his mother’s vehicle and was picking up donuts for a prayer meeting at a local high school that he was to attend as part of his internship. The accident occurred while Saniford drove from the donut shop to the school.

Cason sued Saniford, Bethany World Prayer Center and Bethany’s insurer. The church and its insurer asked the trial to throw out the claims against them, arguing that Saniford and Bethany did not have the type of relationship necessary to impose legal liability for the crash on the church. The trial court agreed and granted summary judgment in favor of the church and insurance company.

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A recent incident occurred that could have easily been prevented. David Jackson, 26, became involved in a road rage incident with a 50 year old male driver of a 2007 Chevrolet pickup truck. The incident started when Jackson flung a cigarette butt outside of his vehicle hitting the side of the pickup truck. When this occurred, the driver of the pickup truck followed the car and cut it off on purpose. The dispute raged on for a few miles on Interstate 10 until the driver of the car, Jackson, pulled out a gun and fired three bullets at the truck on I-10 near Williams Boulevard. Inside the truck was the driver’s 10 year old son, who suffered a graze wound and is in stable condition. After the shots were fired, the driver of the pickup truck rammed into Jackson’s car to make sure he would not get away. Jackson was eventually arrested by the police and charged for multiple felonies.

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Over the weekend a fiery crash occurred between two pickup trucks traveling west on Interstate 10. The crash happened on the Bonnet Carre Spillway Bridge, which has been proven to be a dangerous stretch of the interstate heading into or away from the city of New Orleans. The collision happened around 1 pm in the afternoon on Father’s day in which the police believe one pickup truck rammed into the back of another. The driver of the truck that was hit slowed down in order to avoid hitting the vehicle in front of him. Photos of the accident have been uploaded to social media sites which show the extent of the vehicle fire that produced a column of black smoke. Fortunately, the state police are reporting that there were no serious injuries.

This stretch of the interstate is known for horrible crashes due to the excessive speed of drivers and the lack of police officers patrolling the area. This section of the interstate often has one lane closed due to repairs on the bridge or the installation of traffic monitoring systems which lead to bad back ups and car crashes. A year ago, state police reported two fatal accidents that happened on the same section of the bridge as the crash that occurred over this past weekend. The fatal accident crash occurred around 4 am when a car was driving westbound when it hit the left guardrail and spun around facing oncoming traffic with its lights out. An 18 wheeler stopped to block the car from other vehicles but a street sweeper crashed into the 18 wheeler at a high rate of speed causing the death of the driver and passenger of the sweeper.

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