Articles Tagged with auto accident

Hit__run-300x200After you have been injured in an auto accident, there may be certain things that, as a layperson, you will know are part of a legal action to recover compensation for the harm you suffered. You have to file a lawsuit stating your case. You will also have to serve notice of the lawsuit on the person you’re suing. Then, what happens when the person who hit you can’t be found in order to serve notice on them? These and other potential complications are examples of circumstances when it pays to have an experienced Louisiana car accident attorney on your side, who has the knowledge to know how to handle your case, even when unforeseen potential complications arise.

bicycle_accident-300x200Any time one experiences the death of a loved one due to the negligence of others, it is a painful time. The handling of a death case requires a knowledgeable and skilled attorney who has years of experience with wrongful death and survival action cases. A fox8live.com report followed the story of a southeastern Louisiana man killed in an auto accident. Steven was a 59-year-old bicyclist headed west on LA-58 in Terrebonne Parish.

According to reports, a driver in a Chevrolet Tahoe SUV, who was also traveling westbound on LA-58, approached Steven from behind. She hit Steven’s bicycle with the front of her SUV. The injuries inflicted on Steven in the accident were catastrophic. The local coroner’s office pronounced him dead at the scene, according to the fox8live.com report.

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When many people think about New Orleans and Louisiana, they think about jazz, Bourbon Street, the French Quarter, and Mardi Gras. Fun, parties, and celebration all come to mind, which is very true about the Big Easy. However, with these happy pursuits come the responsibility to party responsibly. Unfortunately, some people do not do so and the result is drunk driving. When a driver makes the decision to drive under the influence of alcohol, causes an  accident and ultimately harms others, the state may pursue criminal charges against the drunk driver. The victims injured as a result of the driver’s poor decision-making may also be entitled to money damages in civil court. If you’ve been hurt by a drunk driver, you should seek the advice of an experienced Louisiana drunk driving accident attorney.

Regrettably, the National Highway Traffic Safety download-9-300x120Administration estimates that drunk driving-related fatalities are on the increase in Louisiana. In one recent year, the NHTSA concluded that almost 250 of the state’s traffic deaths were alcohol-related. That was up from just below 220 only four years earlier. Many times, drunk driving accidents do not cause fatalities but still inflict serious harm. That was the case for one Mandeville woman and her children, who sued after being hurt in a crash on the Lake Pontchartrain Causeway, nola.com reported.

drive_permission-300x200If you found yourself involved in an auto accident where you’ve been rear-ended and suffered injuries, what would you do? Would you know the best way to go about pursuing your legal options and getting the fullest and fairest amount of compensation possible? Certainly, you might know that you have the option to pursue a case against the driver who rear-ended you and her auto insurer for damages. However, would you know that your options may not end there?

If the totality of your damages goes beyond the policy limit of the auto insurance policy that the rear-ending driver has with her insurer, you can take an additional step, which is to seek payment under a different insurance policy’s underinsured/uninsured motorist coverage — the coverage on the vehicle you were driving. As is the case in a lot of auto accident lawsuits that involve possible insurance coverage, the insurance company may be aggressive in seeking out avenues that will allow it to avoid paying. That’s one reason why, if you’ve been rear-ended and hurt, you need to be sure you have an experienced Louisiana injury attorney on your side every step of the way.

verdict-300x200In civil litigation, there are several processes that go on at the same time. One is the conducting of the adversarial process in accordance with the rules of court that exist in Louisiana. Civil litigation, of course, is not just a mere game; it is more than just a series of rules and a contest that determines a winner and a loser. It is also the pursuit of justice. To achieve that end, the law allows you certain latitude in the conduct of your case. Put another way, Louisiana law is clear that hyper-technical compliance with rules should never trump fundamental fairness and should not prevent a deserving person from obtaining justice through a civil judgment. To ensure you get the justice you deserve in the Louisiana courts, make sure you have a knowledgeable New Orleans injury attorney on your side.

To understand this importance of prioritizing justice over hyper-technical compliance, there’s the case of B.T. and G.B. from Monroe. The injury that spawned this lawsuit arose from an intersection collision. D.T. ran through a stop sign and hit the vehicle driven by B.T. The impact hurt both B.T. and her passenger, G.B. B.T. and G.B. sued D.T. and his insurer. In their lawsuit, the pair alleged that D.T., by failing to yield at the stop sign, was 100% to blame for the accident and for their injuries. While the lawsuit named both D.T. and the insurer as defendants, only the insurer was served initially.

Louisiana_map-300x210In a Louisiana personal injury legal case, you may hear many technical words and phrases tossed around. You might hear things like “venue,” “personal jurisdiction,” “subject matter jurisdiction” or “territorial jurisdiction.” These things can be extremely important to your case because if you sue in the wrong court where jurisdiction isn’t present your action may get dismissed. Even if you are allowed to re-file later, it will cost you valuable time and may cost you your case entirely if the statute of limitations has run out. That’s why it is so important to get it right the first time. To that end, you should be sure that you have legal representation from a knowledgeable New Orleans injury attorney, to avoid these legal traps that can potentially stymie otherwise deserving plaintiffs.

One injury case that included extensive arguments about jurisdiction was the auto accident case of C.T. C.T. was injured in New Orleans in the fall of 2011. One year minus one day later, she sued in parish court in Jefferson Parish to seek compensation for her injuries. The injured woman sued the other driver and his auto insurer. The defense tried to attack the lawsuit using a procedural approach. They argued that because the accident happened in Orleans Parish and the defendant driver lived in Orleans Parish, the court in Jefferson Parish didn’t have jurisdiction to try the case.

Jury-300x199You went to trial… and you lost. But then, after the verdict, you find out there was jury misconduct. What do you do? What can you do?

Sometimes, cases are clear-cut. In fact, sometimes, the defense may even admit liability. Other times, however, each side will strongly present almost diametrically opposed descriptions of the underlying facts, and leave it in the jury’s hands to decide which side is more credible. In any injury case, but especially if your case falls into that latter category, you need to make sure that your outcome is decided by a jury free of prejudicial misconduct. If jury misconduct does happen, you need to know how to handle it. In other words, no matter what comes you way, you need to make sure that you have experienced New Orleans personal injury counsel on your side to handle your auto accident case.

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Many of us know the dangers of traveling streets or roads as a pedestrian. Pedestrians can be easily overlooked and, if struck, have the least amount of protection. However, one does not need to be walking on a major road to be in danger of harm while on foot. Even a trip to the local home improvement store can carry these risks. Whether your accident was along a major road or happened inside a store parking lot, it is important to be sure you know how to get all the information and assess all the facts. Sometimes, you may find that there are more people and/or entities who are liable to you than otherwise might have believed. To get the clearest picture of all of your options in the legal system, reach out to a skilled Louisiana injury attorney right away.

Take, for instance, the case of B.M. B.M. was a man who was visiting an Alexandria big-box home improvement store in October 2015. As B.M. exited the store, another customer, L.C., backed up and struck B.M. with his Chevy Silverado pickup truck.

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I’ve been injured in an auto accident by a delivery driver driving a car belonging to another person. What is the best way to proceed with my case?

In modern slang or metaphorical language, the phrase “lots of moving parts” or “a lot of moving parts” is considered to be an alternate way of saying that something is complex or has numerous working pieces to manage. Many times, your Louisiana auto accident case can be something that has lots of moving parts. There is the identification of the proper defendants, including possibly the driver, the driver’s employer, the vehicle’s owner and one or more insurance companies. There’s the pre-trial discovery process and the collection of evidence. There’s decision-making like whether to settle or to take the case to a jury verdict. These, of course, are just to name a few.

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Sometimes you are injured in a crash through absolutely no fault of your own. Another driver does something ill-advised and negligent, and there is nothing you can do to avoid the collision. When that happens, you’ll probably want to seek compensation in court and you’ll likely argue that the other driver was 100% at fault and 100% liable for your damages.

In a case like that, the defendant driver and/or their auto insurance company may argue that you, the injured plaintiff, were actually to blame for the accident, at least in part. All drivers in Louisiana are required to drive at a safe speed, keep a proper lookout and keep their vehicles under control at all times. A defendant driver may try to claim, in an effort to reduce their damages (or avoid them entirely,) that you failed to do one or more of those required things. When that happens, you need an experienced Louisiana injury attorney to help you defeat those arguments.

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