Rear-end collisions are among the more relatively “easy” matters handled by New Orleans auto injury attorneys. This is because in most motor vehicle accidents, the burden is on the plaintiff to prove that the other driver was negligent. This is not the case in rear-end collisions. Instead, the burden is placed on the party who struck the other vehicle from behind to prove that he or she was not negligent. Louisiana Revised Statute 32:81 requires drivers to not follow another vehicle more closely than is reasonable and prudent, with due regard both for the speed of such vehicle and for the traffic upon and condition of the highway. When a driver strikes another vehicle from behind, there is a legal presumption that the striking driver breached this duty. As a result, that driver also is presumed to be negligent. Essentially, in a rear-end collision, instead of the driver who was…Read More
Nearly all medical malpractice claims in New Orleans must be screened by a Medical Review Panel prior to proceeding to court. The purpose of the Medical Review Panel – which consists of three medical providers – is to render an expert opinion regarding whether the medical provider against whom a claim is being made violated the appropriate standard of medical care. The panel issues a written report, which is admissible as an expert opinion at later court proceedings. Recently, in McGlothlin v Christus St. Patrick’s Hospital, 2010-2775 (La. 7/1/11), the Louisiana Supreme Court clarified that the purpose of the Medical Review Panel is to determine whether the appropriate standard of medical care was violated and, if so, whether that violation resulted in an injury to the plaintiff. If the panel’s written decision extends into areas not requiring medical expertise, the opinion is not admissible in a court proceeding. In the…Read More
We have all heard accounts of severe personal injury accidents in New Orleans involving drunk drivers. Such accidents tend to be viewed very seriously because they arise from preventable behavior and could have been avoided. While most people acknowledge the danger of drunk drivers, a recent study by demographers at the University of California, San Diego, has found that any amount of alcohol in a driver’s system increases not only the risk of an accident, but also its severity. Members of the university’s sociology department analyzed data from the Fatality Analysis Reporting System (FARS) database, which tracks every car accident in the U.S. involving at least one fatality. This data included accidents involving 1,495,667 people between 1994 and 2008. FARS data was used because it includes a measurement of the drivers’ blood-alcohol content measured in 0.01% increments and records accidents across the United States. Because FARS only tracks fatal accidents,…Read More
As experienced New Orleans personal injury attorneys, we have seen the results of many serious accidents caused by driver fatigue. Because of concerns about fatigue among drivers of large vehicles, the federal government has regulated the work hours for drivers of commercial motor vehicles used in interstate commerce for many years. Following multiple fatal tour bus accidents this year, members of the U.S. Senate are now calling upon the Federal Motor Carrier Safety Administration to apply the same rules to commercial bus drivers. The Federal Motor Carrier Safety Administration regulates both commercial truckers and bus drivers, but the regulations are not currently the same. In 2003, the Administration changed the required time-off hours between shifts for truck drivers from eight to ten hours. The bus industry lobbied against this change — arguing it would be financially detrimental to them — and was granted an exemption. Within a year after the…Read More
New Orleans drivers may continue to use their cell phones, and New Orleans personal injury attorneys may continue to seek damages from drivers who cause accidents because they were on the phone. Both of these issues were the subject of a bill recently rejected by the Louisiana House of Representatives. For years, efforts have been made in the Louisiana legislature to extend state limitations on cell phone use while driving. The current law bans the use of wireless devices, including cell phones, by drivers under the age of eighteen. The bill considered by the House of Representatives proposed that Louisiana join the growing number of states banning the use of hand-held cell phones by drivers of all ages. Use of hands free devices would have remained legal. Proponents of the bill presented statewide data that supported the danger of using a hand held cell phone while driving. The bill authorized…Read More
Occasionally, the defense in a New Orleans personal injury lawsuit will conduct surveillance of the plaintiff. The purpose of this surveillance is to gather information to demonstrate that the plaintiff is not as injured as he or she claims. Although the defense may have a videotape of your activities that they wish to show a jury, there is no requirement that the court allow them to do so. In Louisiana, whether motion pictures or video tapes are admissible at trial is largely within the discretion of the trial court. Such surveillance videotapes are also subject to discovery prior to trial, which means the defense must turn over any videotapes to the plaintiff’s personal injury attorney prior to trial if they have been requested. After reviewing the videotape, your personal injury attorney may request that the court bar the defense from using it at trial. When this request is made, the…Read More
Traumatic Brain Injury is among the more difficult injuries for New Orleans personal injury attorneys to prove. While some brain injuries involve bleeding in the brain or skull fractures that a jury will be able to clearly see in brain scans or x-rays, these tools may not be precise enough to show more subtle damage. As a result, traumatic brain injuries usually must be proven through a demonstration of how the damage has altered the injured party’s functioning and performance. Individuals with traumatic brain injury often exhibit changes in behavior, mood, and cognitive functioning that can be described to the jury. Also, there are a variety of diagnostic tests that brain injury treatment providers may use when evaluating the condition of the victim. The results of these brain injury tests also can be presented to the jury, and their meaning explained by the medical provider. Fortunately, for those seeking compensation & benefits following…Read More
When filing a personal injury lawsuit in New Orleans, it is important to have a competent and experienced personal injury attorney who understands the procedural requirements in bringing a lawsuit. This fact was recently reinforced in the case of George Igbinoghene and Sebastian Busari v. St. Paul Travelers Ins. Co., where the Louisiana Supreme Court dismissed the plaintiffs’ lawsuit on procedural grounds. Personal injury plaintiffs are required to notify defendants of an impending suit so that they may respond to the claim against them. The time limit within which to notify a defendant that a lawsuit has been filed – known in Louisiana as “citation and service” – is ninety days from the date the lawsuit is filed in court. The lawsuit does not legally begin until the defendant receives notice because the court does not have jurisdiction over all the parties until this occurs. If citation and service does…Read More
Can you pursue a lawsuit after falling on a sidewalk outside a store in the New Orleans area, such as at a Walmart, Rouses Market, Winn-Dixie, Fresh Market, Whole Foods and Costco? In most, but not all instances, yes. Louisiana Law allows a resident to pursue a personal injury lawsuit against a New Orleans store owner for failure to repair a defective walkway or sidewalk. Doing so, however, requires the victim to establish the store’s awareness of the condition that led to the injury. In this type of case, it is not enough to prove that the walkway was in disrepair and that the condition of the walkway resulted in an injury. The victim also must be able to prove that the property owner responsible for the walkway had notice of its dangerous condition prior to the injury occurring. Notice of the defective condition may be established in two different ways: actual notice or constructive notice. Proof of actual notice…Read More
Accidents involving large commercial trucks can be some of the most devastating cases that New Orleans personal injury attorneys deal with. These large vehicles are capable of causing catastrophic personal injuries. Earlier this month, the National Transportation Safety Board held a forum involving representatives of the trucking industry, government regulators and safety advocates to discuss truck safety. Not surprisingly, there is a great deal of contention among these groups regarding what additional steps, if any, need to be taken to reduce the number of personal injury accidents involving commercial trucks. For example, because the number of fatal accidents involving large trucks has decreased from about 5,200 in 2005 to 3,200 in 2009, some members of the trucking industry argue that current regulations are working, and no additional steps need be taken. Many safety advocates, on the other hand, argue that this decrease in fatal accidents is related more to the…Read More
