Auto 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.

Robert Brahan awarded $2.2 MM jury verdict

May 22, 2024 | by Broussard, David & Moroux

On April 2, 2021, an rental company employee parked his 18-wheeler on the right shoulder of Eraste Landry Road in Lafayette so that he could retrieve a forklift located down a private driveway off the right side of the road. His intent was to pull the forklift onto Eraste Landry Road, drive on the roadway to the back of his 18-wheeler, and load the forklift onto the flatbed trailer of his 18-wheeler.

When the 18-wheeler driver got to the end of the driveway and prepared to make a left hand turn onto the roadway, his 18-wheeler blocked his view of oncoming traffic and prevented approaching vehicles from seeing the forklift. Ignoring his obstructed view and without providing any warning to approaching drivers, he pulled the forklift onto Eraste Landry and crashed into the passenger side of plaintiff’s vehicle. Following the initial impact, our client crashed into a street sign and skidded to a stop on the side of the road.

As the result of the collision, our 41-year-old client suffered injuries to his cervical and lumbar spine including bulging discs at C3-4, C4-5, and C5-6 and a herniation at L4-5. Our client’s initial treatment included chiropractic care, physical therapy, and prescription medication that failed to resolve his symptoms. By April 2022, his treating doctors told him that he had two treatment options going forward: epidural steroid injections and surgery.

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.

Jerome Moroux obtains $23-million-dollar settlement

May 6, 2024 | by Broussard, David & Moroux

Jerome H. Moroux, partner at Broussard, David & Moroux, recently obtained a $23-million-dollar settlement for personal injury claims stemming from a motorcycle accident. The settlement was one of the largest in the firm’s history, and a career high for Moroux.

The accident was caused by a delivery driver who, while driving on Interstate 49, suddenly changed lanes into the plaintiff’s motorcycle. The plaintiff was thrown nearly 250 feet before finally landing in a ditch near the highway. The plaintiff suffered numerous severe injuries, including a traumatic brain injury. Before trial, Moroux successfully moved the trial court to find that the defendant driver was 100% at fault in the crash.

The plaintiff’s physicians determined that he would need treatment for the rest of his life, including eventual inpatient care due to the likely progression of his brain injury. Though the defendant worked to minimize the severity of the client’s injuries, Moroux fought for his client’s treatment needs.

Where We Stand: Louisiana Updated DWI Bill to Prevent Impaired Driving

March 1, 2024 | by Broussard, David & Moroux

Last Thursday, great strides were made in Louisiana towards preventing impaired drivers and ensuring better road safety in our area. Senate members unanimously approved a new bill requiring the use of ignition breathalyzers in vehicles for six months following a person’s first DWI conviction.

The Interlock devices work by requiring drivers to breathe into them in order to start the vehicle’s ignition and can detect BAC below a pre-set limit of 0.02—the equivalent to one alcoholic beverage. In Louisiana, the Blood Alcohol Content (BAC) is 0.8, meaning that any driver with a BAC over the limit is considered intoxicated under the law. If properly set up, the Interlock devices will prevent driving before the legal limit is reached, making it improbable to drive drunk.

According to the CDC, Ignition breathalyzers or interlock devices reduce repeat offenses by 70%.

Stay Safe as the Bons Temps Rouler

February 13, 2024 | by Broussard, David & Moroux

With the fun and exciting energy of Mardi Gras, there are far busier streets with large crowds of moving pedestrians and jam-packed traffic that can lead to terrible accidents if you are not well equipped to handle them. As experts in personal injury practice, we would like to offer our best advice to keeping yourself and others safe during the season.

Mardi Gras Safety Tips:

Stay behind barricades.

National School Bus Safety Week

October 24, 2023 | by Broussard, David & Moroux

The third week of October is National School Bus Safety Week. Every year, communities across the country gather to bring light to school bus safety. The National School Bus Safety Week reminds students, parents, teachers, and the community to keep school bus safety at the forefront of our priorities. While the initiative started as a letter-writing campaign to President Nixon in 1969, it has evolved into an impactful national movement for school bus safety.

Broussard, David & Moroux desires to bring that same impact into our local Louisiana communities because every student deserves the right to safe transportation. The KLFY News 10 Safety Tips, which reminds the community of measures we can all take for school bus safety and general road awareness, is sponsored by Broussard, David & Moroux.

In light of the 2023 National School Bus Safety Week, it is especially important to remember these safety tips while driving around school buses:

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

Jury Awards Plaintiff $4.9 Million for Injuries in a Motor Vehicle Crash

May 18, 2023 | by Broussard, David & Moroux

Broussard, David, & Moroux recently obtained a jury award of $4,900,000.00 on behalf of a 41-year-old wife and surgical technician from Acadia Parish. The plaintiff was injured on August 12, 2019 while on her way to work at Jennings American Legion Hospital. She was traveling down Highway 98 when a Diamond B. Construction pick-up truck ran a stop sign and crashed into the plaintiff’s Suburban, causing it to flip over several times and land upside down in a nearby ditch. As a result of the crash, she suffered immediate and extensive injuries to her neck and low back. Even though the construction worker admitted to fault at the scene, his employers refused to admit fault and contested liability through trial.

Following the crash, the plaintiff was immediately brought to the hospital. She suffered neck, mid back, and low back injuries. As a result of her injuries, she underwent a neck fusion and required a second neck surgery. She also suffered compression fractures in her midback and low back, as well as anxiety, depression, and headaches due to the accident. Her chronic pain required long-term treatment with pain management doctors and her surgeon testified would likely need adjacent segment surgery in the future.

After a four-day jury trial, the plaintiff was awarded $408,857 in past medical expenses, $800,000 in future medical expenses, $948,819 in lost earnings/capacity, and $2,500,000 in general damages. Her husband was also awarded $250,000 in loss of consortium. With judicial interest, the total judgment is $5.5MM.

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.