18-Wheeler Accidents

What is “Tort”? – Legal Word of the Month

July 11, 2024 | by Broussard, David & Moroux

At first glance, “tort” may sound like a strange word, but it is an essential term to understand in the legal space.

In the legal realm, a “tort” refers to any wrong or injury imposed by one person or entity onto another. A tort is classified as a civil wrong (as opposed to criminal) that can be inflicted intentionally or unintentionally. Examples include assault or a car accident due to negligence.

Personal injury law is a subcategory of tort law where a person is injured due to another’s unintentional actions or negligence. Other subcategories of tort include automobile accidents, medical malpractice, and premises liability. Tort law defines the rights of individuals and the responsibility of each person to treat others with fairness in society. It ensures if you are injured due to someone’s negligence, you have a right to receive compensation.

J. Derek Aswell, jury trial results in successful client representation

May 22, 2024 | by Broussard, David & Moroux

I was fortunate and honored to represent my clients. Due to the negligence of a truck driver that failed to stop after losing a tire on Interstate 10, my client’s life changed forever, as a loose tire struck the front of his truck sending it airborne.

My client was forced to make a difficult choice that is all too common with our clients: undergo the recommended neck surgery, or continue to provide for his family while working in horrible pain. My client showed toughness and dedication by choosing the latter so that his family had financial security.

Further, my client’s treating physicians and family played a vital role in the jury’s verdict through their testimony. His doctors described in detail the severity of my client’s injuries, while his family testified how this horrible accident completely changed how my client lived his life. The dancing, dirt bike and fishing enthusiasts no longer performed those activities because of his injuries he sustained in the September 1 , 2020 accident.

40 Car Pile Up on I-55

October 24, 2023 | by Broussard, David & Moroux

A massive chain reaction car crash on I-55 early Monday morning last left 2 dead, 30 people injured, and over 100 people stranded on the interstate. There was a total of 25 crashes in three different areas of 1-55. Involved in the crash were three 18-wheelers, two of which were fully engulfed in flames. Because of the massive pile up, deputies had to run along the roadway just to get to the crash sites.

The crashes occurred due to extremely dense fog. In light of this incident, here are a few tips to keep in mind when traveling in foggy conditions:

Use headlights if you are unable to see 500 feet in front of you

Beat the Clock: Louisiana Prescriptive Period for Personal Injury Cases

April 27, 2023 | by Broussard, David & Moroux

Personal injury cases arise in many different shapes, sizes, and kinds. Whether it be a small injury from a simple car accident or life-altering damage from a plane crash, negligence may be found and recovery necessary. But not matter the type of case, all claims have one thing in common: a time limit for how long you can bring your case to court. When a plaintiff fails to bring their claim within this time period, the court will refuse to hear the case and a settlement cannot be made. So, how much time do you have to file your claim?

Under Louisiana Civil Code Article 3492, an action for personal injury, not relating to a faulty product, must be filed in court within one year of the date of the injury. This means as of the day your injuries or damages are sustained, the prescriptive period starts running. This rule applies to injuries arising from: (1) car accidents; (2) slip and falls; (3) pedestrian accidents; and (4) dog bites or attacks.

Not only should prescription be considered to ensure a claim may be filed, but waiting too long may raise other issues. As time passes, witnesses may be harder to find, videos and pictures of an accident may be lost, and other evidence may be destroyed. Additionally, filing sooner allows more time for settlement negotiations to be made.

Bridge Accident Safety Tips

January 23, 2023 | by Broussard, David & Moroux

On the morning of January 19, 2023, an 18-wheeler crashed on the Estherwood pontoon bridge. This is the site of another 18-wheeler crash just last fall. Not only do bridge crashes like this one cause bridge closers and detours for motorists, it also causes additional safety risks for other drivers on the road.

In light of this accident, here are a few safety tips to remember when traveling on bridges:

To avoid a chain reaction collision, keep at least two car lengths between you and the car in front of you.

18-Wheeler Failed to Check For On-Coming Traffic

November 14, 2022 | by Broussard, David & Moroux

On August 5, 2022, a Western District of Louisiana jury awarded $3,000,000 in a rural tractor-trailer crash and assigned 100% liability to US Xpress and its driver.

On February 14, 2018, a scaffolder was on his way to work early in the morning fog on U.S. 190 approaching the intersection of inferior LA 26. At the same time, an 18-wheeler was stopped at the stop sign on LA 26 waiting on another vehicle to pass on U.S. 190. However, as plaintiff approached the intersection, the truck pulled out directly in front of plaintiff, blocked his lane of travel, and caused plaintiff to slam into the trailer near the rear tandem wheels. US Xpress alleged that the plaintiff was speeding, inattentive, and failed to brake timely.

Plaintiff suffered a severe cut to his right, little finger that led to amputation of the finger. Plaintiff underwent surgeries to his right finger, neck, and back, and continues to suffer from headaches and associated psychological injury.

Current Status of the Basin Bridge Cameras

September 29, 2022 | by Broussard, David & Moroux

In June, Governor John Bel Edwards signed SB435 into law, which provided that safety measures, including camera safety devices, will be installed on the Basin Bridge as a measure to reduce safety risks.

The new law went into effect on August 1, 2022 and will be implemented in three phases:

Phase one began with crews installing “Higher Fines” and “Safety Corridor” signs to warn drivers of the changes. Also, as of August 1, 2022, fines are doubled for those speeding. This means those speeding may face fines as high as $350.

Jury Awards Over $3 Million to Plaintiff in 18-Wheeler Accident

August 11, 2022 | by Broussard, David & Moroux

On February 14, 2018, plaintiff W.B. was severely injured when an 18-wheeler failed to check for on-coming traffic. At the time of the incident, plaintiff was working as an industrial scaffolder, to support himself and his family, and lived an active lifestyle. WB suffered the loss of his right, little finger, a large laceration to his head, neck and back pain injury, and headaches. Bradley underwent surgeries to his right hand, neck, and back and continues to suffer from headaches.

Defendants attempted to place the blame on the plaintiff, arguing that he should have been the one to “brake sooner,” despite the fact that a left-turning motorist has the legal obligation to wait until it is completely safe to make their turn. Defense asked the jury for a verdict of $0 to $429,000. After a five-day trial, a jury returned a verdict on August 5, 2022, as follows:

Bradley was awarded $293,108 in past medical expenses; $500,000 in future medical expenses; $125,000 in past wages; $241,000 in future wages; $690,892 in past and future physical pain; $400,000 in past and future mental pain; $250,000 in loss enjoyment of life; and $500,000 in disfigurement. This equals a total of $3,000,000 in damages.

Blake David’s outgoing “Letter from the President” – Louisiana Association for Justice

August 5, 2022 | by Broussard, David & Moroux

Musings of a Trial Lawyer Waiting For the Jury (August 2022)

“As I type this note, my last submission as President of the LAJ, I am awaiting the response of eight jurors in the Western District of Louisiana. Their verdict will have to be unanimous. This venire and jury were a trucking defense lawyer’s dream – truck drivers, dispatchers, logistics folks, insurance company employees. The jurors we ended up getting did not look great on paper, but I’m hopeful they came in open-minded. After a week of trial, I have no idea how they received the evidence I presented.

Rough week. Gave a home hum opening, fought through some tough admissibility issues throughout the trial, and just wrapped up with a decent but not spectacular closing. Violated my first rule of openings/closings – used some notes as reminders to make sure I covered all of the issues. It ruins the flow. I know better. I talked too fast. Again.

Two Fatal Crashes on Interstate 10 on the Same Day Close the Interstate in Both Directions

July 6, 2021 | by Broussard, David & Moroux

On July 6, 2021, Interstate 10 was the location of two fatal car crashes, which occurred about thirty miles from each other. For approximately two hours, I-10 experienced closures in both the east and west bound lanes.

The first occurred earlier in the day around 8:00am. Near mile marker 92 near Duson, an 18-wheeler truck going westbound crossed into the eastbound lane and struck a truck pulling a livestock trailer head on, causing the 18-wheeler to overturn into the median. This multi-car crash resulted in two fatalities and five injuries- the identities of the victims have not been reported at this time. All westbound lanes on I-10 near miler marker 92 were closed until about 4:00 that afternoon.

The second accident occurred around noon at mile marker 69 between Jennings and Egan. Though information of the crash has not been released, Louisiana State Police has reported that the interstate-closing crash in the eastbound lanes was fatal. After about two hours, the eastbound lanes were cleared.