New Orleans has started to build out an extensive bicycle lane network throughout the city. While these bicycle lanes will help protect bicyclists from collisions with motor vehicles, anytime bicyclists are riding in close proximity to cars and trucks, there is an obvious risk of harm to the bicyclist. Even when bike lanes are present, accidents resulting from other vehicles invading bike lanes are not uncommon. Louisiana law states “every person riding a bicycle upon a highway of this state shall be granted all the rights and shall be subject to all the duties applicable to the driver of a vehicle.” In other words, bicyclists must abide by the same rules of the road as motor vehicle drivers, but are also protected by those same rules. In most cases, motor vehicle drivers are required to abide by the same regulations regarding issues such as right of way, tailgating, etc., for…Read More
In most cases, New Orleans personal injury attorneys proceed directly against the person that caused the injury to a client. There are situations, however, where the law holds a third party responsible for that person’s actions, even though that third party did nothing to directly cause the injury. This is referred to as vicarious liability. Vicarious liability does not hold a person liable because he or she personally committed a negligent or intentional act that led to injury. Instead, that party is held responsible by law because he or she had a legally significant relationship with the person who actually caused the injury. The primary types of vicarious liability in Louisiana are an employer’s vicarious liability for damages caused by an employee in the course and scope of employment, and a parent’s liability for the acts of an unemancipated minor child. Louisiana Civil Code article 2320 sets forth the general…Read More
Expert witnesses may be used in New Orleans personal injury lawsuits for a variety of reasons. While the topics an expert may testify about are essentially limitless, both personal injury and defense attorneys frequently employ experts for such diverse purposes as reconstructing motor vehicle accidents, examining the engineering of a dangerous product, and evaluating future damages associated with an injury. The purpose of expert testimony is to help clarify for the jury an issue that requires knowledge beyond that held by a typical juror. When an expert’s testimony is based upon sound reasoning and valid science, hearing from an expert can prove very helpful to a jury. Unfortunately, the broad range of topics that fall under the umbrella of “expert testimony” means that on occasion, attorneys may seek to have experts testify about findings based on questionable scientific reasoning or on studies only marginally related to the issue in the…Read More
New Orleans Product Liability lawyers typically examine whether a product that caused an injury was properly manufactured. Part of that examination may include an investigation into whether the item was made in compliance with the relevant industry and government standards. People injured by defective products may be eligible to file a product liability lawsuit. While a failure on the part of a manufacturer to comply with the accepted standards is helpful in pursuing a product liability lawsuit, noncompliance with industry or government standards is not determinative on the issue of liability. Instead, for a manufacturer to be held liable for an injury, Louisiana law requires proof that the injury was proximately caused by a characteristic of the product that rendered the product unreasonably dangerous. It also requires that the damage arose from a reasonably anticipated use of the product. Proof of failure to comply with industry or government standards is, however,…Read More
Personal injury accidents involving collisions with large trucks occur all-too frequently in the New Orleans area. One of the greatest hazards in such accidents is the possibility of a car sliding under the truck, leading to serious injury or death. A recent study by the Insurance Institute for Highway Safety (IIHS) on the effectiveness of truck underride guards has found that additional steps need to be taken to protect motorists. When the nose of car slides underneath a truck during an automobile accident, the vehicle’s occupant compartment may impact the truck directly and take the brunt of the force from the collision. Underride guards hang down underneath the truck for the purpose of impacting the nose of a car during an accident, which should keep the car from sliding underneath. Following an analysis of data from 2001-2003, which demonstrated that underride was a common occurrence in cases where a car…Read More
When a New Orleans resident is injured while using a machine at work, whether he or she can recover any damages is governed under the Louisiana Products Liability Act. To recover damages under this act, the plaintiff must prove that the product was unreasonably dangerous in one of four ways: 1) construction or composition, 2) design, 3) inadequate warning, 4) or failure to conform with an express warranty. When the manufacturer has indicated that a product is safe to use in a certain way and that turns out not to be the case, the injured party may be able to recover damages based on the product failing to comply with an express warranty. An express warranty is a verbal or written statement guaranteeing that the product will work in a certain way or that the product is warranted against defects in materials or workmanship. Under the Louisiana Products Liability Act, a product…Read More
While every New Orleans personal injury lawsuit has its own set of unique circumstances, there are some fundamental facts that must be proven in every case before the plaintiff may be awarded damages. The basic laws underlying all personal injury lawsuits brought in Louisiana are set forth in Articles 2315 and 2316 of the Louisiana Civil Code. Article 2315 states: “Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it.” Article 2316 states: “Every person is responsible for the damage he occasions not merely by his act, but by his negligence, his imprudence, or his want of skill.” While these articles would seem to allow for a successful lawsuit whenever it can be established that a defendant’s negligence caused injury to the plaintiff, this is not actually the case. In a personal injury lawsuit, the plaintiff must also establish that…Read More
A motion for summary judgment is a procedural device that allows a court to resolve a case without a full trial when there is no “genuine issue of material fact” to be decided. If the court comes to that conclusion, the party bringing the motion is entitled to judgment as a matter of law. Such motions are occasionally filed in New Orleans personal injury lawsuits. The filing of such a motion means that one of the parties believes that there are facts in their favor that are beyond dispute. A motion for summary judgment may be made by either the plaintiff or the defense. In legal terms, a fact is “material” in a personal injury lawsuit when it is essential to the plaintiff’s theory of recovery. When there is a “genuine issue of material fact,” it means that reasonable people could disagree about the material fact being considered. In such…Read More
When a New Orleans personal injury auto accident occurs, the driver who is at fault is responsible for paying any damages arising from the collision. While which driver is responsible is usually a question of fact that must be decided by a judge or jury, it helps the injured party’s case if he or she was struck from behind. This is because in Louisiana, a following motorist is presumed to be negligent if he or she collides with the rear of the leading vehicle. When this situation occurs, it is assumed that the rear driver either did not leave sufficient space between the vehicles to allow for making a safe stop under normal driving conditions, or failed to pay proper attention to the events taking place ahead. Because of this presumption, instead of the injured party having to prove the rear driver was negligent, the burden is placed on the…Read More
Most personal injury automobile accidents that occur on New Orleans’ streets are not the responsibility of the government. While the laws of Louisiana require the Department of Transportation and Development to keep roads and shoulders in a reasonably safe condition, they are not responsible for guaranteeing the safety of everyone who uses a public roadway. In cases where personal injury accidents have been caused by a road that had been constructed or maintained in a way that was not reasonably safe for motorists, however, the injured party may be able to pursue damages. Louisiana Revised Statute 48 § 35 requires the Department of Transportation and Development to adopt minimum safety standards with respect to highway and bridge design, construction and maintenance. The safety standards are modeled upon those approved by the American Association of State Highway and Transportation Officials. Generally, if the department complies with these minimum safety standards, they…Read More
