Articles Posted in Car Accidents

When you are injured in an auto accident, there may be multiple different bases for your compensation. There may be an award for pain and suffering, for lost wages, and for your past medical bills. But what if a third party, like your employer’s insurer, has already paid your past medical bills? In many cases, that may not matter, and you may still be entitled to recover those damages in addition to your other damages. Making sure that you are getting everything that the law says you are entitled to receive is a key reason why you should take the time to consult an experienced Louisiana car accident attorney about your case.

The Louisiana Court of Appeal recently ruled on a case in which an injured driver had medical expenses paid by a third party. EJ was traveling along the Evangeline Thruway near Lafayette when, for reasons not explained by the Court of Appeal, another driver (Marcus) left his lane and crossed into EJ’s, hitting EJ’s vehicle. The accident caused EJ’s knee to slam into the dashboard. He also twisted his back. Both men were working on behalf of their respective employers when the accident happened.

There is a well-worn stereotype depicting a vehicle passenger or driver who is not injured in an auto accident but, after the fact, starts feigning injury. The stereotype portrays the person as completely unaffected at the scene, only to reappear later in a bulky neck brace. As with many stereotypes, this is often inaccurate and overlooks many important facts. One of those is that a substantial number of people who suffer serious harm as a result of an auto accident may, for one legitimate reason or another, not experience noticeable pain for hours or days after the accident. That delay in noticeable or debilitating pain does not make that person’s injuries any less real and doesn’t make their legal claims any less valid. If you’ve been hurt in an auto accident, whether or not your symptoms “hit” right away, be sure to retain a skilled New Orleans injury attorney for your case.

An example of this type of injury was the one suffered by M.A. in his case. M.A. was a man driving his pickup truck in the left lane of eastbound I-20 on a wintry February morning when M.C., who was driving an SUV in the center lane, allegedly lost control of the vehicle after encountering a patch of ice in the road. The SUV allegedly veered into M.A.’s lane and crashed into the right side of his truck. According to M.A., M.C. did not stop, despite M.A.’s numerous attempts to get his attention by using his horn and headlights.

When you’re injured in a vehicle accident, there are several decisions you’ll need to make. One of the key ones will be whether to settle or to proceed with your case all the way to trial. When you make that decision, you’ll want to be armed with as much information as you can obtain. What if, however, you settle your case based upon disclosures made by your opponent and, only after the settlement, discover that those statements may have been false? Whether it is making the choice to settle or not, or responding to potential misconduct by the opposing side, it is well worth your while to have an experienced Louisiana car accident attorney by your side to provide your case with the representation needed, regardless of the twists and turns your case may take.

A plaintiff who found himself in such a situation was Russell, a driver who was pulling a flatbed trailer along Interstate 10 west of Baton Rouge when he was rear-ended by a pickup truck driven by a man named Mark. That pickup truck was owned by a leasing company owned by Mark and his wife and insured by State Farm. After the accident, Mark signed a document stating that he engaged in strictly personal activity when the crash took place and that the State Farm policy was the only insurance that could potentially provide Russell with payment to cover his injuries.

Sometimes, a person who goes into court suing for damages is someone who was nearly 100% healthy prior to her accident, only to suffer serious afflictions after the crash. Proving that the accident caused her injuries may be relatively straightforward for that injured person. Many times, though, reality is not so black-and-white. An injured person may have pre-existing health problems, perhaps even several such conditions. Just because you have pre-existing conditions — even serious ones — doesn’t mean that you cannot win your case and do not deserve to receive damages. You deserve to receive fair compensation regardless of your medical past and you should contact a knowledgeable Louisiana injury attorney to help you make sure you get that compensation.

A recent case from Evangeline Parish involved such a litigant with pre-existing conditions. Two women were driving along a four-lane road in 2013 when they collided. Each described very different versions of the accident, with each pinning the blame on the other. The rear driver, L.A., sued for her injuries, which included harm to her back, both legs, right arm and right shoulder. The case went to trial and the jury found each driver to be 50% at fault. The jury also found that L.A. suffered no injury in the accident and was entitled to no damages.

There can be many different elements that go into achieving the legal outcome you need in your auto accident injury case. For some injured people, one of those elements is being allowed to pursue not only the other driver, but that driver’s employer. This option can be very important because many drivers may be individuals with limited assets and an auto insurance policy with a low policy limit. It is entirely possible that the harm you suffered exceeds the driver’s assets and the insurance policy’s limit. However, when your case also names an employer like a major national corporation, you have an improved chance of obtaining the full amount of damages that you proved. A knowledgeable New Orleans injury attorney can help you to provide the court with the proof and argument you need to establish this essential “vicarious liability.”

K.T. was a driver who found herself in this type of situation. She was driving in Lafayette when her vehicle was hit by another vehicle (the latter driven by V.B.). V.B. was headed home at the time of the accident, and she also received a citation for “failure to yield” as a result of the incident.