Articles Posted in 18-Wheeler Accidents

An average of 16,500 car accidents occur daily across the United States. In the blink of an eye, a rear-end car accident can completely turn one’s life upside down by causing life-altering injuries. Such an event can leave one lost as to what to do next, scared as to the daunting recovery process that lies ahead, and confused as to where to even begin. Some insight into the expected process of legal settlements may aid you or a loved one in making important decisions following a tragic accident.

In Louisiana, a car accident resulting in an injury, death, or property damage resulting in over $500 requires the parties by law to contact the local police department. Following the accident, an injured party should seek legal assistance. This will significantly offset the post-accident burdens of both filing a claim with the negligent party’s insurance company and gathering  supporting evidence like medical examinations, photos, and witness testimony.

Further, an attorney can file suit against a negligent party, thereby holding that party liable for their actions. The lawsuit must be brought within 1 year of the date of the accident or else the claim is forever lost. Once the legal process begins, parties will work tirelessly to reach what is known as a settlement. A settlement resolves the dispute by dropping the claim before reaching trial in return for a monetary compensation. Settlement processes can last anywhere from a few months to a few years depending on the severity of the injuries and the accident. In the settlement process, the injured party seeks recompense for physical pain and suffering, repair or replacement of their car, medical expenses, mental anguish from the accident, lost wages, as well as other forms of damages.

On Feb. 3rd, 2021, St. Martin Parish Fire District and Henderson Volunteer Fire Department were dispatched to Grand Pointe Avenue near I-10 for a vehicle fire. When first responders arrived, there was an 18-wheeler carrying produce engulfed in flames. After additional assistance from neighboring first responders and Breaux Bridge Volunteer Fire Company aerial unit the fire was able to be contained without causing any further incidents. No injuries were reported according to Henderson Police.

Thank you to the local area first responders, and all those involved that were able to contain this incident without further injury.

As reported, no one was hurt, but accidents can happen at anytime and anywhere. To help ensure the safety of yourself, and others, remember to stay vigilant while on the road and be mindful of your surroundings.

No one doubts the essential functions 18-wheelers provide in the daily exchange of commodities as large truck drivers tend to cover as much as 5,000 to 6,000 miles a week. However, due to the inherent nature of such trucks, drivers are at a greater risk of injury or even death when being involved in an accident with an 18-wheeler. In fact, the number of fatalities resulting from large truck accidents increased by 31% nationally from 2009-2018, according to U.S. Department of Transportation’s Fatality Analysis Reporting System (FARS).

Unfortunately, Louisiana also experienced an increase in the number of fatal crashes involving 18 wheelers. According to FARS, Louisiana’s fatal crashes with large trucks increased by 42% as the number spiked from 67 in 2015 to a somber 95 in 2018. Nationally, there were 4,475 fatal crashes at the hands of 18-wheelers in 2018.

Just last week, an 18-wheeler traveling southbound on LA Highway 578 struck a 58-year-old man going east at a Highway intersection in Franklin Parish. The man was pronounced dead at the scene.

Plaintiffs Latoya Fontenot and Michael Robertson were injured when an 18-wheeler changed lanes and struck their vehicle.  There was minor property damage on the Fontenot’s vehicle and neither plaintiffs sought medical attention at the scene.  Robertson and Fontenot began treating with chiropractor Dr. Rowdy Gautreau.  When conservative measures failed, Robertson and Fontenot both presented to Dr. William Brennan, a Lafayette neurosurgeon.  Dr. Brennan performed a laminectomy on Robertson; one year later, Brennan performed a fusion at L4/5 L5/S1.   Dr. Brennan also performed a three-level cervical fusion on Latoya.   Michael Robertson was enrolled in pain management after the accident and was treating with Dr. Sanjiv Jindia for chronic pain.  At the time of the accident, Robertson was working offshore.

Defendants defended the case on all angles: liability and damages. On the first morning of trial, defendants stipulated to liability.  With respect to damages, defendants attacked Robertson’s credibility, particularly the fact that Robertson, a convicted felon, had testified that he did not return to work after the accident despite evidence that Robertson returned to his job for six days.  Defendants also argued that Robertson failed to disclose his 2010 treatment to “chronic back pain” to his treating physicians and that he overexaggerated the facts of the crash and the property damage to the vehicle.  With respect to Fontenot, the defendants argued that while Fontenot was treating with Dr. Brennan and complaining of neck pain, the visits she made to her primary care providers contained no mentions of neck pain.

Plaintiffs experts were as follows:  Sy Arceneaux and Stony Landry, vocational rehabilitation, and John Theriot, economist.  Defendants retained Dr. James Domingue to give expert testimony about Latoya Fontenot’s EMG, and Dr. Chambliss Harrod to provide an Independent Medical Exam regarding the plaintiffs’ need for surgery.

Three parties have sued a truck driver and his employer for injuries and damages sustained in a crash earlier this year.

On June 24, Plaintiffs Marvin Gaitlin and Tasha Bodie, both individually and on behalf of her minor daughter Mykalia Collins, brought suit in the United States District Court for the Eastern District of Louisiana against Sam Grace, EPES Transportation Systems Inc., and National Fire Insurance Company of Pittsburgh. The suit alleges that Grace negligently operated his vehicle and that EPES negligently entrusted the tractor-trailer to Grace.

On February 25, Gaitlin was stopped in traffic on Manhattan Boulevard, near the intersection of Ute Drive in Jefferson Parish. Bodie and Collins were Gaitlin’s passengers at the time, and their vehicle was directly behind the tractor-trailer driven by Grace and owned by EPES Transportation. According to the suit, Grace suddenly reversed his tractor-trailer and backed into the front of Gaitlin’s vehicle, leaving him no time to avoid the collision. Grace then proceeded to back up his vehicle again, striking Gaitlin’s vehicle a second time. As a result, the parties suffered severe and debilitating mental and physical injuries.

LAFAYETTE, LA – October 27, 2016

A Lafayette Parish jury awarded $30,438,225.00 to Rayne native Ronald Stutes, who was paralyzed when an R+L Carriers 18-wheeler failed to yield at a stop sign causing a crash.

On January 23, 2013, R+L Carriers employee, Gerald Pitre, was operating an eighteen-wheeler loaded with hazardous cargo when he failed to yield at a stop sign and red flashing light at the intersection of Austria Road and U.S. 90 (Cameron Street) near Duson, Louisiana. Ronald Stutes, a master carpenter, was on his way to work at 5:30 a.m. when the 18-wheeler pulled directly into the path of his pick-up truck.

Two Baton Rouge siblings were killed last week when their vehicle was struck by an oncoming train. Byron Henderson, 41, and Myra Henderson, 42, were driving their SUV westbound on Dorcy Road in White Castle, LA when it came to a complete stop while atop of the railroad tracks. The crossing is not outfitted with warning lights or crossing guards.

Union Pacific, the owners and operators of the train, allege that the train’s horn was blown continuously for  forty seconds prior to the collision. The Iberville Sheriff’s Office is still looking into why the vehicle was parked on the railroad tracks.  Investigators are hoping that footage from the train’s front-mounted cameras will shed more light on this event.

Union Pacific is cooperating with the Sheriff’s Office by conducting their own investigation into the events of that day.  While it is not currently know what speed the train was traveling at the time of impact, Union Pacific spokesperson Jeff DeGraff confirmed that their trains’ speed is limited to 60 mph in that area.

A two-car collision in Baton Rouge last Saturday resulted in the death of a Memphis man and an injured local preacher.

George Mabon and Reverend John Pitzer were passengers in a Mercedes when it was stuck at the intersection of South Acadian Thruway and North Boulevard.  Authorities believe that a southbound Nissan ran the red light and struck the back of the west-traveling Mercedes.  Pitzer suffered fractured ribs and was transported to a local hospital.  Mabon did not survive the crash.

The unidentified Nissan driver has yet to be charged, pending an ongoing investigation that involves accident reconstruction and the driver’s blood test. However, charges have already been filed on the driver of the Mercedes, John Baur of Memphis, after officers observed visible signs of intoxication at the time of the accident.  Responding officers reported that Baur’s eyes were red, his balance unsure, and his breath and person smelled of alcohol.  A field sobriety test was conducted and Baur’s blood-alcohol level registered 0.13 percent.  In Louisiana, a blood-alcohol content of 0.08 percent or higher is considered presumptive evidence of drunk driving.  Baur was booked on counts of first-offence DWI and reckless operation, with other possible charges pending. 

FLYER- 8.5x11

The first annual Bicycle Safety Festival will be held on June 4th from 9am-12pm at Parc Sans Souci in downtown Lafayette. The Bicycle Safety Festival is presented by Lafayette Consolidated Government, Bike Lafayette, and Broussard & David, LLC. There will be free adult and youth bicycle helmets for the first 300 participants, free bike registration, free safety training and instruction, and participants are eligible to win a free bicycle (valued at $300 – courtesy of Hub City Cycles). Additionally, there will be food, refreshments and musical entertainment by Zydeco Radio.

In Acadiana, there have been far too many cyclists injured in preventable bicycle accidents. The aim of this event is to help cyclists and motorists become more knowledgeable about bicycle safety and the rules of the road. As Lafayette Consolidated Government embraces more bicycle lanes and smarter growth, bicycle awareness is becoming even more essential.

Broussard & David, LLC, a law firm located in downtown Lafayette, has a great deal of experience in representing people catastrophically injured in bicycle related accidents. In sponsoring this event, the partners at Broussard & David, LLC hope that — through education and training — the roads will be safer for bicyclists, motorists and pedestrians alike.

Duck Commander Inc., the company behind Duck Dynasty, and the Louisiana Department of Transportation and Development have been named defendants in a lawsuit filed by Jennifer Young, the mother of Madison Welch.

Filed in St. Martin Parish, the suit maintains that Madison Welch’s accident was not simple user error, but rather the result of an 18-wheeler operated “by agents, employees and/or licensees of Duck Commander Inc.” cutting into Welch’s lane and forcing her off the road.  This allegation evidently arises from a phone conversation Welch was engaged with at the time of the incident.  The friend who was on the other end reported that Welch exclaimed something about a nearby truck and then the line went silent.  Shortly after being told by the friend of what occurred, Welch’s family was notified of the accident. Welch’s Toyota Tacoma left the road and flipped, ejecting her.  Welch later succumbed to her injuries and died.

Young’s case additionally relies on the testimony of William Kirksey, who claimed to have witnessed the entire event and was one of the first people on the scene.  Kirksey stated that two 18-wheelers were exiting the freeway at the same time as Welch.  Both were in line, but at one point, one of them swerved into Welch’s lane, apparently causing her to veer off the road.